3, Sussex Terrace, Hawthorn, South Australia 5062
Telephone: (+ 61 8) 8172 1222
Facsimile: (+ 61 8) 8127 9553
Contact
The Volunteers Protection Act, 2001 came into effect in South Australia on 15 January 2002. The intention behind the Act is to limit a volunteer's personal liability for negligence and to reduce the risk of a volunteer being personally liable for legal costs in a negligence action. The operative section of the Act provides that a volunteer incurs no personal civil liability for any act or omission done or made in good faith and without recklessness in the course of carrying out community work for a community organisation. The definitions in the Act are critical to its proper understanding. Some of the definitions are paraphrased below.
A "volunteer" is defined as a person who carries out community work on a voluntary basis.
A "community organisation" is defined as a body corporate that directs or coordinates the carrying out of community work by volunteers, including the Crown.
"Community work" is defined as work for the following purposes:
- a religious, educational, charitable or benevolent purpose;
- promotion or encouragement of literature, science or the arts;
- looking after people who need care due to a physical or mental disability or condition;
- sport, recreation or amusement;
- conservation of resources or protection of the natural environment;
- preservation of historical or cultural heritage;
- a political purpose;
- protection or promotion of the common interests of the community generally or a particular section of the community.
"Voluntary basis" refers to work performed for no remuneration or for remuneration within limits fixed by regulations under the Act, but this does not include community work under a court order or a condition of a bond.
The volunteer's immunity does not extend to:
- cases where the liability falls within the ambit of the third party motor vehicle insurance scheme;
- liability for defamation;
- cases where the volunteer's ability to carry out his work was significantly impaired by a recreational drug;
- cases where the volunteer was acting outside the scope of the activities authorised by the community organisation and he knew or ought to have known that he was so acting;
- cases where the volunteer was acting contrary to instructions given by the community organisation and he knew or ought to have known that he was so acting.
If, in the light of all of the definitions and other requirements of the Act, the volunteer's immunity applies, then the liability instead attaches to the community organisation for which the volunteer was working at the relevant time.
If you are involved in the management of a community organisation, you should familiarise yourself with the terms of the Act and ensure that you give accurate advice to your volunteers as to their immunity (or otherwise) from liability.