Various laws protect the rights of volunteers when fulfilling their roles. These laws also aim to create an environment that encourages volunteering by protecting volunteers from liability claims for actions conducted in good faith.
On this page you will find information about:
Occupational health, safety and welfare
Discrimination
Volunteer protection
Privacy
Occupational health, safety and welfare
Every volunteer has the right to feel protected under Occupational Health, Safety and Welfare (OHS&W)
legislation. The law also requires all organisations working with volunteers to take reasonable care to avoid the injury of people who may enter their premises.
Employer Responsibilities
Organisations can meet these responsibilities by:
- implementing a risk management plan
- making sure that supervisors and managers are adequately skilled to show volunteers how to perform their work safely and without injury
- appointing a representative to receive special training to help their organisation satisfy legal obligations under OHS&W laws. Minimum, training requirements involve a four-hour course run by an approved training organisation. This course can also be completed online through Business SA.
Some organisations, depending on their size and line of work, may need to appoint a first aid officer, fire warden and responsible officer. Although not compulsory, a volunteer host organisation may also choose to elect a health and safety representative who is appointed for three years and required to attend an annual five-day training course run by an approved training organisation.
Every workplace environment is different and therefore volunteers should
contact SafeWork SA for more information about OHS&W requirements.
The Commonwealth and South Australian Governments also provide:
- a quick guide to occupational health and safety laws and volunteers in South Australia
- information sheet for volunteer-operated organisations and recreational and sporting events on the application of the OHS&W Act 1986
- information and resources about being a health and safety representative from Safework SA, and annual subsidies to volunteer-based organisations for each volunteer who attends an accredited health and safety representative training course.
Find out more about
Occupational Health, Safety and Welfare.
Volunteer Responsibilities
Volunteers also have responsibilities in relation to Occupational Health, Safety and Welfare. Volunteers should make themselves aware of what their responsibilities are. But in brief you must:
- look after your own health and safety at work
- not do anything that will harm yourself or your work-mates
- use any safety equipment that you are given
- obey your employer’s safety rules
- make sure that you do not take drugs or drink alcohol at work
- participate in an induction and sign off to show that you understand what is expected of you.
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Discrimination
Anti-discrimination and equal opportunity laws address certain kinds of unfair treatment. Find out more in
legal considerations for the volunteer sector on this website and on the
Equal Opportunity Commission website.
Volunteer protection
Unlike paid staff, volunteers are not covered by award conditions or workplace agreements. However, volunteers do have rights. Some of these are reinforced through law and some through the moral obligations of an organisation involved with volunteers.
Many organisations have policies and procedures in place about such issues as Occupational Health, Safety and Welfare, Insurance, Food Safety and Child Safe Environments. You will need to check with the organisation to confirm what policies they have.
As a volunteer you have the right:
- to work in a healthy and safe environment
- to be interviewed and employed in line with equal opportunity and anti-discrimination laws
- to receive accurate and truthful information about the organisation you are working with
- not to do the work of paid staff during industrial disputes
- to have access to a grievance procedure
- to have your confidential and personal information dealt with in line with the principles of the Privacy Act 1988.
Some organisations have also developed policies and procedures that go beyond what is legally required. These may cover:
- reimbursement of expenses
- insurance
- job descriptions and agreed working hours
- induction and training.
The Volunteer Protection Act 2001 was introduced to encourage people to volunteer for community organisations by addressing concerns that they could be held legally responsible for their actions while doing voluntary work on behalf of an organisation.
The Act gives legal protection from personal liability to volunteers doing voluntary work for an incorporated community organisation or government program, but does not cover personal injury matters.
To protect individuals in relation to personal injury, organisations may need to consider obtaining insurance for their volunteers, such as personal accident insurance. This insurance can provide benefits to volunteers following injury, disability or even death whilst carrying out duties for their organisation. Check with your organisation that they have appropriate insurance cover for you.
Find out more about volunteer protection on this site. A Volunteers Protection Act 2001 fact sheet is also provided by the Office for Volunteers.
Privacy
Volunteering can offer rewarding outcomes for all participants but this requires mutual respect and trust. A volunteer therefore has a right to expect privacy and confidentiality from staff and colleagues. They should also treat all information about other volunteers and clients as confidential, regardless of the source of information. Some organisations will have a specific policy about privacy. The
Volunteering SA and NT privacy policy is an example.
Find out more about
Privacy - responsibilities of community organisations.
More information
On this site
Legal considerations for the volunteer sectorLegal considerations for community organisationsLegislationSA Occupational Health, Safety and Welfare Act 1986 - Australasian Legal Information Institute
Occupational Health, Safety and Welfare Regulations 1995 - Australasian Legal Information Institute
Volunteers Protection Act 2001 - Australasian Legal Information Institute
Volunteers Protection Regulations 2004 - Attorney General's Department
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