Australian Capital Territory
In the Australian Capital Territory, volunteers are covered by the Discrimination Act 1991 (ACT) (the ‘Act’). The Act prohibits discrimination and sexual harassment. It also makes it unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights under the relevant laws.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Work Health and Safety Act 2011 (ACT) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.
New South Wales
In New South Wales, volunteers are unlikely to be covered by most provisions of the Anti-Discrimination Act 1977 (the ‘Act’), however, they will be covered in some circumstances. The Act:
- makes it unlawful for a volunteer to be sexually harassed and unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights
- may make it unlawful to discriminate or victimise a person where volunteering falls within an area of public life (e.g. the provision of goods and services).
Community organisations can have anti-discrimination policies and procedures as a matter of best practice, even if not required by law. This will help all of their workers be protected from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Work Health and Safety Act 2011 (NSW) and will apply to volunteers if the organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as much as reasonably practicable), even if you are not strictly legally obliged to comply with the laws, or if they only apply in limited circumstances.
Northern Territory
In the Northern Territory volunteers are unlikely to be covered by most provisions of the Anti-Discrimination Act 1992 (NT), (the ‘Act’), including the sexual harassment provisions. However, as the Northern Territory Government has recently stated, the law is unclear and it may be worth seeking legal advice if you have an issue.
Community organisations can have anti-discrimination policies and procedures as a matter of best practice, even if not required by law. This will help all of their workers be protected from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth). It is prohibited by Work Health and Safety (National Uniform Legislation) Act 2011 (NT) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.
Queensland
In Queensland, volunteers are covered by the Anti-Discrimination Act 1991 (Qld) (the ‘Act’). The Act prohibits discrimination and sexual harassment. It also makes it unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights under the relevant laws.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Work Health and Safety Act 2011 (Qld) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.
South Australia
In South Australia, volunteers are covered by the Equal Opportunity Act 1984 (SA) (the ‘Act’). The Act prohibits discrimination. It prohibits sexual harassment. It also makes it unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights under the relevant laws.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Work Health and Safety Act 2012 (SA) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.
Tasmania
In Tasmania, volunteers are covered by the Anti-Discrimination Act 1998 (Tas) (the ‘Act’). The Act prohibits discrimination and sexual harassment. It also makes it unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights under the relevant laws.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Work Health and Safety Act 2012 (Tas) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as
much as reasonably practicable), even if you are not strictly legally obliged
to, or if they only apply in limited circumstances.
Victoria
In Victoria, volunteers are unlikely to be covered by most provisions of the Equal Opportunity Act 2010 (Vic) (the ‘’Act’), however, they will be covered in some circumstances. The Act:
- makes it unlawful for a volunteer to be sexually harassed and unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights
- may make it unlawful to discriminate or victimise a person where their volunteering falls within an area of public life (e.g. the provision of goods and services).
In Victoria, organisations have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment from the workplace. This means taking steps to prevent this behaviour and not waiting for a complaint before addressing inappropriate workplace behaviour.
Community organisations can have anti-discrimination policies and procedures as a matter of best practice, even if not required by law. This
will help all of their workers be protected from discriminatory behaviour and will also help prevent damage that may arise from a complaint of
discrimination.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by the Occupational Health and Safety Act 2004 (Vic) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as
much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.
Western Australia
In Western Australia volunteers are unlikely to be covered by most provisions of the Equal Opportunity Act 1984 (WA) (the ‘Act’) including the sexual harassment provisions.
Community organisations can have anti-discrimination policies and procedures as a matter of best practice, even if not required by law. This will help all of their workers be protected from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination.
Bullying behaviour is prohibited under federal law (e.g. volunteers are protected in the same way as employees under the Fair Work Act 2009 (Cth)). It is prohibited by Occupational Safety and Health Act 1984 (WA) and will apply to volunteers if the community organisation meets certain conditions.
Where legislation does not protect a volunteer at work, a common law (negligence) duty of care may still be owed to your volunteer to ensure that they do not suffer harm resulting from inappropriate workplace behaviour.
These laws are explained in further detail in Part 5 of our National Volunteer Guide at www.nfplaw.org.au/volunteers. The Guide also explains how federal laws (e.g. the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Fair Work Act 2009 (Cth), Disability Discrimination Act 1992 (Cth), and the Age Discrimination Act 2004 (Cth)) might apply to your organisation.
As a matter of best practice, we recommend your community organisation comply with these laws (as
much as reasonably practicable), even if you are not strictly legally obliged to, or if they only apply in limited circumstances.