Mental health experts are raising alarms over the Coalition’s plans to repeal the “right to disconnect” laws, warning that undoing these reforms could worsen stress and burnout among Australian workers.
The laws, introduced in early 2024, give workers the right to ignore work-related communications outside of paid hours unless it is unreasonable. This legislation was hailed as a major step forward in mental health protection, and experts argue that rolling it back would be a setback.
Professor Sam Harvey from the Black Dog Institute called it a “regressive step,” emphasizing that the importance of such protections for mental health has been well established. “We’ve come a long way to understand how important these things are in mental health,” Harvey said. “Rolling back the legislation would be a problem.”
The laws were part of an industrial relations bill that the Coalition opposed. Critics of the bill, including the Coalition, accused the Labor government of rushing the process. A last-minute amendment was made to address a mistake in the bill, which initially allowed for criminal penalties for breaches.
Industrial Relations Minister Murray Watt explained that the laws were introduced to prevent workers from being required to take constant calls or respond to emails without compensation. “Workers shouldn’t be expected to monitor and respond to work communications outside of their paid hours,” he said.
The laws gained support from union groups and the Greens, but business groups argued they were unnecessary and could lead to job losses. The Coalition claimed the reforms would create confusion, reduce workplace flexibility, and lead to potential economic downsides.
Peter Dutton, leader of the opposition, has pledged to repeal the right to disconnect, a position recently reaffirmed by shadow Industrial Relations Minister Michaelia Cash. During a press conference in April, Cash called the changes “costly, confusing, and complex.”
In a statement, Cash said the Coalition would consider evidence on whether further mental health protections for workers were needed. However, she added that the changes had led some employers to work extra hours themselves. “Employers already have obligations to protect their staff’s health, including their mental health,” Cash said.
Mental health expert Professor Patrick McGorry, from Orygen, backed the right to disconnect, especially for ordinary workers. “If you can’t switch off, it will affect your mental health,” he explained. While he acknowledged that senior executives might require more flexibility due to their higher compensation, McGorry stressed that most workers shouldn’t be expected to be available outside of regular working hours. Any necessary after-hours contact should be formalized and compensated, he said.
Professor Ian Hickie from the University of Sydney’s Brain and Mind Centre also supported the legislation, highlighting how technology has blurred the lines between work and personal life. “The right to disconnect is an important piece of legislation,” Hickie said. He expressed strong concerns about the potential repeal of the laws.
Researchers, including Harvey, have observed a rise in mental health issues among younger workers, with one theory pointing to the increasing overlap between work and home life. “It’s very hard to get away from work when you have mobile phones, emails, and social media following you everywhere,” Harvey noted.
Minister Watt defended the reform, stressing that the right to disconnect had already made a significant impact on the lives of millions of workers. “Uninterrupted time for yourself, with your partner, and with your children is vital not only to your happiness but also helps employers retain workers,” Watt said.
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