It’s likely you’ve experienced this situation: it's 9:30 PM on a Tuesday, you've just put the kids to bed, and your phone buzzes with yet another "urgent" work email about a meeting the following day. Your stomach tightens. Do you respond now and eat into family time, or risk disappointing your manager and seeming not committed to the work?
If this scenario feels all too familiar, you're not alone. Mental health is now the biggest safety risk in Australian workplaces. For countless workers in Queensland, the boundary between life and work has become increasingly blurred, creating the conditions for burnout, anxiety, and workplace-related psychological injuries. But as of 26 August 2024, Australian employees have gained a powerful new tool to reclaim their personal time: the Right to Disconnect.
This groundbreaking legislation goes further than just a standard workplace reform. In fact, it should be seen as a direct response to Australia’s ever-increasing mental health crisis. Research shows that work-related mental health conditions have surged by 36.9% since 2018.
For workers, particularly those in office-based, tech, and professional services roles, understanding these new protections could be a sure-fire way to maintain good mental health and readdress the balance.
Understanding Your New Rights: What the Law Actually Means
Let’s focus on what the legislation implies. First off, it’s not about radio silence; not being contactable at all after the 5 PM cutoff. Instead, it’s all about establishing something all the more nuanced and practical: the legal right to refuse to monitor, read, or respond to work-related contact outside your normal hours, unless refusing would be deemed unreasonable.
The legislation, which emerged through the Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024, recognises that modern work requires us to be flexible. At the same time, it legislates that we shouldn’t overpromote the “always-on” culture which so many workers have normalised as methods of communication have increased in scope.
The law applies to all workers in Queensland as of 26 August 2025 (prior to this, from 26 August 2024, it applied only to businesses with 15 or more employees). It’s important to note that this new right extends beyond emails from colleagues. In fact, it covers work-related communications from clients, customers, or any other business contacts that relate to your job.
What makes this legislation particularly powerful is how it sits with and supports pre-existing protections which have been designed to assist in good mental health practices for employees. Already, Queensland's Work Health and Safety Act already requires employers to manage psychosocial risks. The Right to Disconnect simply adds another layer of protection specifically targeting one of the most common sources of workplace stress: excessive after-hours contact.
The Mental Health Crisis Driving Change
The numbers behind this legislation tell a sobering story about Australian workplaces. Mental health conditions now account for 9% of all serious workers' compensation claims, with the median time lost from work being more than four times greater than physical injuries.
Even more concerning, only 79% of workers with mental health condition claims successfully return to work, compared to nearly 92% for all other injury types. When broken down, what this means is there are literally thousands of families who are dealing with the log-term impacts of psychological injuries.
Research has shown compelling evidence to suggest that yes, after-hours contact contributes significantly to our poor mental wellbeing. A comprehensive study involving 896 workers found that late-night emails and instant messages directly correlate with elevated stress levels, increased job tension, and higher rates of depressive symptoms.
The psychological mechanisms behind this are not hard to make sense of. Being constantly connected disrupts natural recovery time, interferes with family relationships, and creates persistent anxiety about work demands which should be kept within the confines of working hours. As workplace mental health experts note, connectivity has transformed from "an option" to "an expectation". This creates environments where employees feel pressure to remain reachable 24/7.
When After-Hours Contact Becomes Unreasonable: Real-World Examples
To better understand the Right to Disconnect, it’s important to know what constitutes "unreasonable" contact. And this goes for both employees and managers. The Fair Work Ombudsman provides practical examples which illustrate how we can best assess this.
Let’s take the example of Kerry, a marketing coordinator in Brisbane who works from 9 to 5. Many months ago, she made it clear to her manager that she needs to collect her children from daycare each afternoon. Let’s say that her manager receives an urgent request from a client at 5:30 PM. If they decide to contact Kerry at that time, it shows that they are not being considerate of her personal circumstances.
On the other hand, let’s take a look at David, a senior IT consultant who receives additional compensation for acting in a leadership role during his manager's leave. When a critical server issue arises at 8 PM that could impact major client operations, David's refusal to respond might be considered unreasonable especially given the fact that he is covering this role, the added payment he’s receiving, and the genuine urgency of the situation.
So, how do we determine whether the contact is reasonable?
The urgency and nature of the contact: Is this genuinely time-sensitive, or could it wait until business hours? A server crash affecting operations is different from a routine project update, for example.
Your role and compensation: Are you paid for after-hours availability? Do you hold a senior position where it is stated that you must assist with urgent matters?
The method and level of disruption: A brief text explaining an urgent situation differs significantly from a barrage of phone calls, demanding a quick response.
Your personal circumstances: Family responsibilities, duty of care, and other personal commitments may factor into what's reasonably expected of you.
Alternative solutions: Could the matter be handled by someone else, or is it something which specifically requires your abilities?
From the disputes already handled by the Fair Work Commission, we can get a sense of how these play out in the real world. In one case, a government employee successfully argued that repeated weekend messages from their supervisor constituted unreasonable contact, especially as they were of a non-urgent nature. It was assessed that the messages created anxiety and interfered with family time without there being legitimate justification for them being sent.
The Intersection: Workplace Bullying and Harassment
The Right to Disconnect gives us new tools to assess workplace bullying, particularly where after-hours communications become the territory where harassment or intimidation is vocalised. Workplace bullying is defined as repeated, unreasonable behavior that creates risks to health and safety. With modern methods of communication, the boundaries for this have extended and this definition now encompasses communication outside of working hours.
Sometimes, normal daytime communication can slowly turn into frequent and even pushy after-hours contact. A manager who begins with an occasional evening email might move on to sending regular late-night messages which could include criticising work, demanding instant replies to non-urgent issues, or using after-hours contact to get around normal workplace rules.
These scenarios can become particularly problematic as, to the employee, it feels like they are in a situation they cannot escape. The Right to Disconnect, when used correctly, should provide tools for interrupting the development of such patterns which very often contribute to workplace bullying.
Data on cases from Safe Work Australia clearly shows just how prevalent awards are for workplace bullying claims which led to psychological injury. While many of these cases predated Right to Disconnect protections, they illustrate how persistent, unreasonable contact can contribute to anxiety, depression, and other psychological conditions.
Protecting Your Mental Health: Practical Strategies for Employees
If you're an employee looking to use these new protections effectively, it’s important to start by understanding your specific working arrangements. Review your employment contract or conditions under which you are employed to clarify your ordinary working hours and any existing on-call provisions. This baseline helps you identify when after-hours contact falls outside reasonable expectations.
Set clear, professional boundaries: Communicate your availability proactively. Use email signatures that specify your working hours, set "out of office" messages when not working, and use “update status” features on apps such as WhatsApp. Don’t be afraid to do this. It’s better for everyone in the long run if you correctly manage expectations.
When you’re contacted after hours, assess the situation: Ask yourself whether responding is genuinely required. Is this a legitimate emergency, legal obligation, or part of your agreed on-call duties? If not, there’s no need to grab your phone or laptop and reply. Remember, the Right to Disconnect is about protecting your right not to respond when it seems unreasonable to do so.
Document any patterns which seem of concern: Keep records of repeated or unreasonable after-hours contact, noting dates, times, the nature of the requests made, and any pressure you feel to respond. Having this data will make it much easier if and when it comes to escalating to HR or making an external claim.
Use internal processes first: If after-hours contact becomes problematic, raise the issue with your manager, HR team, or through grievance pathways. Frame concerns around the impact on your wellbeing and reference the new legislative protections to give your claims weight. In reality, many issues can be resolved simply by having constructive conversations.
Know when to escalate: If internal processes don't resolve unreasonable after-hours contact, or if you face backlash for asserting your rights, you can lodge complaints with the Fair Work Commission, who can issue orders requiring employers to stop.
Also read: The Hidden Toll: Mental Health Crisis in Australia's High-Risk Professions
Implementation Guide for Managers and Employers
For managers and business owners who operate in Queensland, the Right to Disconnect requires thoughtful implementation that balances legitimate business needs with employee wellbeing. Successful compliance starts with reviewing and updating employment contracts to ensure hours of work and remuneration clauses reflect the new rights.
Develop comprehensive policies: Create or update workplace policies that clearly state what “normal working hours” means, your expectations for after-hours contact, emergency procedures, and your grievance procedure should an employee feel they are being unnecessarily harassed. Good policies need to include practical examples of what is reasonable and what isn’t, as well as explaining the different expectations for different roles within the organisation.
Train your management team: Take time to educate supervisors and team leaders about the new legislation, your workplace policies, and best practices for communication. This training could include roleplay situations which not only address whether the contact is unreasonable, but also gives examples for alternative measures in urgent situations.
Adjust operational practices: Know that technology can be used strategically. Email scheduling tools, for example, can delay non-urgent messages until business hours, clear schedules can show when staff are available, and team calendars can help identify alternative contacts when emergencies crop up.
Monitor and respond to issues: Establish internal processes for employees to raise concerns about after-hours contact. Regular check-ins with teams can identify problems before they escalate. Responding quickly to complaints demonstrates genuine commitment to employee wellbeing.
Consider industry-specific needs: Different sectors have varying requirements for after-hours availability. Healthcare professionals, emergency services personnel, and IT specialists managing critical systems may face different expectations than administrative staff, so it’s important to consider the nature of each role and set out best practices.
Mental Health Support and Early Intervention
The connection between excessive after-hours contact and psychological injury is now well-established, making early intervention crucial for preventing serious mental health impacts. For employees, recognising warning signs of work-related stress, things such as persistent anxiety about work communications, difficulty switching off from work, sleep disturbances, or physical symptoms of stress, must be combined with the need to set clear boundaries and, if necessary, get professional help.
Workplace mental health resources: Most employers offer Employee Assistance Programs (EAPs) that provide confidential counseling and support services. These programs can help you develop strategies for managing work-related stress and asserting your rights effectively. Don't wait until stress becomes overwhelming. Research suggests that early intervention is far more effective.
Queensland-specific support: Safe Work Australia and WorkSafe Queensland both provide extensive resources about work-related psychological health, including guides for recognising and managing workplace stress. These resources can help you identify the red flags and take action.
Building resilience: Developing personal strategies for managing work-life boundaries strengthens your ability to maintain good mental health. This might mean setting clear end-of-workday routines, keeping time aside for family and personal activities, and using stress-management techniques to fully switch off from work.
Compensation and Legal Remedies
If you feel that after-hours contact has contributed to your psychological injury, know that there are several legal pathways that provide both compensation and a way to remedy the harm. Queensland's workers' compensation system recognises psychological injuries as compensable workplace injuries when they arise from employment and aren't merely the result of reasonable management action.
The Right to Disconnect legislation may significantly impact how courts and tribunals assess whether after-hours contact constitutes reasonable management action or unreasonable workplace pressure. Bringing along evidence that a manager repeatedly contacts you after hours in an unreasonable way, causing stress, anxiety, or depression, can support your workers' compensation claim, especially if you document the impact on your mental health and have asked for the contact to stop on multiple occasions.
Fair Work Commission remedies: This Commission can issue orders requiring employers to stop unreasonable contact outside of working hours. These orders are legally binding and can provide immediate relief from any problems you may be experiencing. The Commission also handles disputes about whether specific instances of contact are reasonable, creating a framework on which to base future cases.
Workplace bullying claims: When being contacted after-hours only makes up a part of a broader pattern of bullying, additional remedies may be available through Fair Work Commission "stop bullying" orders. These orders can address multiple factors to get to the root of the problem.
Integration with existing protections: The Right to Disconnect complements Queensland's existing workplace mental health rules. It can strengthen claims under health and safety laws when employers don’t properly manage psychosocial risks which add to workplace stress.
Moving Forward: Building Healthier Workplaces
The Right to Disconnect gives Queensland workers effective tools to protect their mental health and maintain a healthy work-life balance, while allowing employers to address genuine business needs through what should be seen as “reasonable contact”. Success relies on clear communication and good faith from both employees and employers, ensuring that employees are shielded from unreasonable demands without compromising workplace flexibility.
Early implementation may bring challenges as workplaces adjust policies, train staff, and develop new procedures for best practice. However, the potential benefits, such as reduced stress, improved mental health, clearer boundaries, and fewer workers’ compensation claims, make it worthwhile. As Fair Work Commission decisions and workplace practices evolve, staying informed helps workers safeguard their rights and wellbeing, allowing for more sustainable and balanced work practices for the future.
