Objective: To identify what legal workplace protections are available for the mental health consumer workforce in Australia. Methods: Review the available common law and legislative protections to identify the general workforce rights and employer responsibilities in Australia. Results: Consumer workforce members enjoy protections under employment law, anti-discrimination law, tort law and work health and safety law. Conclusions: Consumer workforce members would benefit from understanding and exercising their rights, whereas employers should have better regard to their obligations under common law and legislation. However, further empirical research is needed to assess whether these legislative and policy frameworks sufficiently protect the rights of consumer workers. What is known about the topic? Australia's mental health consumer workforce is expanding. Traditional roles such as consumer consultants and peer support workers are multiplying, as are newer roles such as systemic advocacy, supervision and executive roles. However, the consumer workforce continues to face low pay conditions, stigma, discrimination and unsafe work conditions. What does this paper add? This paper clarifies how these unsatisfactory workplace conditions interface with existing employment-, anti-discrimination- and occupational health and safety-law rights and obligations. In doing so, it signals the key protections in place for the consumer workforce. What are the implications for practitioners? Consumer workers can better understand and exercise their rights. Equally, employers can better understand their obligations to mental health consumer workers, and how they may meet them. Policymakers can consider whether these frameworks are sufficiently protecting mental health consumer workforce rights. [ABSTRACT FROM AUTHOR]