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Working with Volunteers Tool

Justice Connect’s Not-for-profit Law

To use this tool, you must agree to our disclaimer and privacy policy.

This tool is only permitted for use by not-for-profit organisations for non-commercial purposes, or as otherwise permitted by the Copyright Act 1968 (Cth). All other rights are reserved. The content is legal information only and not legal advice. The content of this tool was last reviewed in June 2024.

Disclaimer and privacy policy question*

Before you start using this tool

Please fill in your contact details.

  • How we use and what we do with your personal and other information

    We will not disclose the contents of this form, but may use de-identified information when reporting on the types of organisations accessing this template. We may also use the contents of this form if we need to contact you directly about this tool. Justice Connect’s Privacy Policy contains important information about how we collect, use, disclose and store your personal and other information. It also contains information about how you can access and request correction of information we hold about you, how you may complain about a breach of the Australian Privacy Principles and how we will deal with any privacy complaint.

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Is this tool suitable for your organisation?

This tool provides an overview of the key legal obligations that not-for-profit organisations have towards volunteers. It is a useful tool for committee members (or directors), volunteer managers, as well as those who work with not-for-profit organisations that engage volunteers (such as peak bodies).

This tool is designed for use by any incorporated not-for-profit organisation that engages volunteers, or plans to engage volunteers.

We'll now ask you a few questions to determine if this tool will be suitable for your organisation. 

Are you a not-for-profit organisation?*
  • What is a not-for-profit organisation?

    Profit is an organisation’s financial gain. This is the extra money an organisation has from its income that is left after accounting for all its expenses.

    In a ‘not-for-profit’ organisation, any profit made is used to further the aims of the organisation. That means all the profits are put back into the organisation to continue to pay for its activities and functions and to achieve its mission.

    In a ‘for-profit’ organisation, profit can be divided among (distributed to) the members, investors or shareholders of the organisation, while the organisation is in operation or when it ends. If this is the case, the organisation is a ‘for-profit’ organisation – or a business. In other words, a ‘for-profit’ organisation is set up to make a profit for the people who are members/owners of the organisation.

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Are you:*
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Is your organisation incorporated?*
  • What does incorporated mean?

    By ‘incorporated’ we mean a not-for-profit organisation that has formalised its structure through a process of registration with government – for example, an incorporated association or a co-operative registered with Office of Fair Trading (QLD) or Consumer Affairs Victoria, a Company Limited by Guarantee registered through the Australian Securities and Investments Commission (ASIC) or an Indigenous corporation registered with the Office of the Registrar of Indigenous Corporations.

  • How to find out if your organisation is incorporated

    If you are unsure about whether your not-for-profit organisation is 'incorporated' or 'unincorporated':

    • type your organisation’s name into the Australian Business Register ABN look-up tool,
    • ask another person in your organisation, or
    • refer to your organisation's governing documents to see if you can find a reference to the law under which your organisation is incorporated.

    Using the ABN look-up tool

    ×

    Your organisation needs to have registered for an ABN for this search to work. Some of the more common search results are

    • If your organisation is unincorporated: ‘Other Unincorporated Entity’
    • If your organisation is incorporated: ‘Other Incorporated Entity,’ ‘Australian Public Company’ or ‘Co-operative’

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You advised that you are a for-profit organisation

This tool is designed for not-for-profit organisations. 

You advised that you are an individual

This tool has been developed primarily for use by not-for-profit organisations that engage volunteers not individual volunteers themselves. If you are seeking advice or information for yourself (or for another individual), you should contact your state and territory peak body for volunteers.

These organisations are:

  • National: Volunteering Australia www.volunteeringaustralia.org
  • ACT: Volunteering and Contact www.vc-act.org.au
  • NSW: The Centre for Volunteering www.volunteering.com.au
  • QLD: Volunteering Queensland www.volunteeringqld.org.au
  • SA & NT: Volunteering SA & NT www.volunteeringsa-nt.org.au
  • TAS: Volunteering Tasmania www.volunteeringtas.org.au
  • VIC: Volunteering Victoria www.volunteeringvictoria.org.au
  • WA: Volunteering WA www.volunteeringwa.org.au

You advised that you are a volunteer board member

This tool has been developed primarily for use by not-for-profit organisations that engage volunteers, not individual volunteers themselves. You may be interested in our fact sheet Protections for board members of not-for-profit community organisations which discusses some of the legal protections for volunteer and paid board members. 

You advised that none of the options applied

This tool is designed for not-for-profit organisations that engage, or plan to engage volunteers. You may be interested in our website. It is a great resource for not-for-profit organisations and contains hundreds of fact sheets and resources on a variety of issues that not-for-profits may be faced with.

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You advised that you are unincorporated

This tool is designed for incorporated organisations (those organisations that have formalised their structure through a process of registration with government). For an overview of the different legal considerations for unincorporated associations, please refer to our National Volunteering Guide. For more information on what it means to be ‘unincorporated’ see our fact sheet What does incorporation mean and should you incorporate?

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It seems that this tool is suitable for your organisation

You will now be guided through the following ‘key legal issues’ involved in engaging and managing volunteers:

  • Section A: Recruitment of volunteers
  • Section B: Volunteer safety
  • Section C: Volunteers and unlawful workplace behaviour
  • Section D: Managing the performance of volunteers and ending the volunteer relationship

In each section we will ask you a series of questions about your organisation's volunteer practices.

At the end of each section we will provide an overview of the legal issues, recommendations and links for further information all based on your responses to our questions.

At the end of this tool you can download a printable report containing our recommendations.

A few things to note

Note 1

Each question in this tool requires a 'yes' or 'no' response. If you are unsure, you should answer 'no'.

Note 2

Throughout the rest of this tool , we will use the terms 'community organisation' or 'organisation' when referring to a not-for-profit organisation.

Note 3

It is important to understand that this tool covers the legal issues in relation to volunteers only. The law attaches different legal entitlements and obligations to employees and independent contractors. Sometimes the distinction between volunteers, employees and independent contractors can be confusing or become blurred over time.

If your organisation incorrectly classifies a worker, you may fail to provide them with their legal entitlements or fail to meet your obligations under law. This can be a costly mistake. Refer to Part 2 of our National Volunteering Guide for further information.

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Section A: Do you want to know more about recruiting volunteers?*
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1. Do you have or are you planning to have a volunteer role description?*
2. Are you planning to advertise your volunteer position?*
3. Do you use or are you planning to use a volunteer agreement?*
4. Do you undertake or are you planning to undertake a volunteer induction?*
5. Do you have or are you planning to get personal accident insurance for your volunteers?*
6. Do you undertake or are you planning to undertake background checks as part of the recruitment process?*
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1. Do you have or are you planning to have a role description?

You answered yes

Good! We certainly recommend using a volunteer role description as part of your community organisation’s recruitment processes (which should be fair and non-discriminatory). For more information about volunteer role descriptions and to access a sample volunteer role description, see Part 3 of our National Volunteering Guide.

You answered no

We recommend using a volunteer role description for all volunteer positions in your community organisation. It should focus on setting out the specific requirements of the position, being the skills or qualifications needed for the role (not the personal attributes of a potential volunteer). A volunteer role description should be used when your organisation looks for volunteers (for example, advertises) and in making decisions about potential volunteers, for example, when deciding if the volunteer has the skills to undertake the role and what background checks might be necessary. For more information, including a sample volunteer role description, see Part 3 of our National Volunteering Guide.

2. Are you planning to advertise your volunteer position?

You answered yes

If you are planning on advertising a volunteer position, we recommend your organisation first develop a volunteer role description that focuses on the specific skills and qualifications required for the role (not on personal attributes). Use the volunteer role description to develop the advertisement for the volunteer position. While it is unclear whether discrimination law applies to the recruitment of volunteers, best practice dictates that any protections available to other types of workers (for example, employees) should be provided to volunteers.

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute which is protected by law. Personal attributes of a person that are protected by laws include (but are not limited to) age, sexuality, gender identity, disability and race. The particular protected attributes that are covered vary under the different state and federal laws. For more information on recruitment and discrimination law, see Part 3 of our National Volunteering Guide.

You answered no

If, in the future you decide to advertise your volunteer position, we recommend your organisation first develop a volunteer role description that focuses on the specific skills and qualifications required for the role (not on personal attributes). We recommend that your organisation use the volunteer role description to develop the advertisement for the volunteer position. While it is unclear whether discrimination law applies to the recruitment of volunteers, best practice dictates that any protections available to other types of workers (for example, employees) should be provided to volunteers.

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal attribute which is protected by law. Personal attributes of a person that are protected by laws include (but are not limited to) age, sexuality, gender identity, disability and race. The particular protected attributes that are covered vary under the different state and federal laws. For more information on recruitment and discrimination law, see Part 3 of our National Volunteering Guide.

3. Do you use or are you planning to use a volunteer agreement?

You answered yes

Good! We certainly recommend using a volunteer agreement. It is an important part of engaging volunteers, helping to make sure the volunteer understands their rights, role and responsibilities, along with those of the organisation. It is one way of making it clear that the relationship between your organisation and the worker is voluntary (and not, for example, an employee-employer relationship). It is also important in helping your community organisation manage its obligations in relation to health and safety.

A volunteer agreement will also help where a community organisation wants a volunteer to be under a legal obligation to do (or not do) something, for example, to protect the organisation’s confidential information or intellectual property. These legal obligations (provided they are not extensive and do not, for example, create legal obligations around tasks, hours or the work) will not affect the non-binding nature of the volunteer relationship. For more information, including a sample volunteer agreement, see Part 3 of our National Volunteering Guide.

You answered no

We strongly recommend using a volunteer agreement with all volunteers in your community organisation. It is an important part of engaging volunteers, helping to make sure the volunteer understands their rights, role and responsibilities, along with those of the organisation. It is one way of making it clear that the relationship between your organisation and the worker is voluntary (and not, for example, an employee-employer relationship). This will also be important in helping your community organisation manage its obligations in relation to health and safety.

A volunteer agreement will also help where a community organisation wants a volunteer to be under a legal obligation to do (or not do) something, for example, to protect the organisation’s confidential information or intellectual property. These legal obligations (provided they are not extensive and do not, for example, create legal obligations around tasks, hours or the work) will not affect the non-binding nature of the volunteer relationship. For more information, including a sample volunteer agreement, see Part 3 of our National Volunteering Guide.

4. Do you undertake or are you planning to undertake a volunteer induction?

You answered yes

Good! We certainly recommend your community organisation inducts its volunteers before they begin their role as a volunteer. For more information about inducting your volunteers, and a sample volunteer induction checklist, see Part 3 of our National Volunteering Guide.

You answered no

We recommend your community organisation inducts volunteers before they begin any volunteer work. We recommend using a volunteer induction checklist. After completing the induction, volunteers should know where to access your organisation's policies and procedures, and have copies of those most relevant to them and their role, for example, health and safety, privacy, and volunteer grievance policies. For more information about inducting your volunteers, and a sample volunteer induction checklist, see Part 3 of our National Volunteering Guide.

5. Do you have or are you planning to get personal accident insurance for your volunteers?

You answered yes

Good! While it is generally not compulsory (although it may be under a funding or another form of agreement your organisation has), we recommend that community organisations maintain this type of insurance. Volunteers are a central part of many community organisations and it is useful to ensure that both the organisation and its volunteers are protected in the event of an accident. For more information about insurance and your volunteers, see Part 4 of our National Volunteering Guide.

You answered no

We recommend that your community organisation consider whether it needs volunteer personal accident insurance. Your community organisation might do this as part of an organisational risk assessment.

Volunteers often fall between the gaps as they are not covered by an organisation’s insurance policies when they suffer injuries in their role unless the organisation holds specific insurance for volunteers. It is important to remember that:

• workers’ compensation insurance does not cover volunteers (except in rare circumstances), and

• public liability insurance will usually cover injuries a volunteer causes to others but may not cover injuries caused to volunteers.

This type of insurance is generally not compulsory (although it may be under a funding or another form of agreement your organisation has), however, because volunteers are a central part of many community organisations, it is useful to ensure that both the organisation and its volunteers are protected in the event of an accident. For more information about insurance and your volunteers, see Part 4 of our National Volunteering Guide.

6. Do you undertake or are you planning to undertake background checks as part of the recruitment process?

You answered yes

Good! We recommend your community organisation continues to undertake background checks (also called screening checks). This is because certain background screening checks are required by law (under legislation or contract) and others are optional. It is important that community organisations screen potential volunteers in a systematic way.

When considering the types of checks your organisation should undertake on volunteers, consider whether the volunteer’s role and responsibilities will include contact with vulnerable clients or children, access to sensitive information, handling monies, or operating certain machinery (including vehicles). Ideally this should already have been considered as part of the recruitment process – in the preparation of a role description and the subsequent advertising for volunteers.

For more information about background checks and volunteers, see Part 3 of our National Volunteering Guide and our screening guides at (these guides apply to volunteers as well as to other types of workers).

You answered no

We strongly recommend your community organisation considers undertaking background checks (also called screening checks). Certain background screening checks are required by law (under legislation or contract) and others are optional. It is important that your community organisation screens potential volunteers in a systematic way. Even when not required, your organisation ought to undertake some level of screening for volunteers. This is because all community organisations have a responsibility to ensure they maintain a safe environment for all workers, so your organisation should always try to be well informed about the people it engages.

When considering the types of checks your organisation should undertake on volunteers,  consider whether the volunteer’s role and responsibilities will include contact with vulnerable clients or children, access to sensitive information, handling monies, or operating certain machinery (including vehicles). Ideally this should already have been considered as part of the recruitment process – in the preparation of a role description and the subsequent advertising for volunteers.

For more information about background checks and volunteers, see Part 3 of our National Volunteering Guide and our screening guides (these guides apply to volunteers as well as to other types of workers).

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Section B: Do you want to know more about volunteer safety?*
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1. Do you have or are you planning to have policies, procedures or strategies in place to ensure the safety of your volunteers?*
2. Do you have or are you planning to have policies, procedures or strategies in place to ensure the safety of the people your volunteers interact with?*
3. Do you know if you and your volunteers comply with work health and safety legislation?*
4. Do you have youth volunteers and/or do your volunteers interact with children or young people?*
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1. Do you have or are you planning to have policies, procedures or strategies in place to ensure the safety of your volunteers?

You answered yes

Good! We recommend your community organisation continues to have policies, procedures or strategies in place to ensure the safety of your volunteers. This is because you have a common law (judge made law) legal duty under negligence laws to do so. Your organisation may also have a duty under legislation to do so.

Implementing a regularly reviewed risk management strategy and putting policies, procedures or strategies to prevent risks from eventuating in place is one way that your organisation can minimise the chance of them occurring or minimise the consequences if they occur.

If your organisation is found to have been negligent (that is, it failed to meet its obligations) the court will order a remedy be provided to the volunteer as a result of the community organisation’s actions or failure to act. This could be a costly mistake reputationally and financially.

For a comprehensive summary of negligence laws and volunteers for each state and territory, as well as a summary on risk management strategies, see Part 4 of our National Volunteering Guide.

You answered no

We strongly recommend your community organisation considers how it will ensure the safety of its volunteers. Your organisation has a duty of care (that is, a duty to prevent loss or injury) to its volunteers. This is called the law of negligence, which involves the common law (judge made law) and legislation in each state and territory.

Your organisation must consider both its duty of care to prevent injury, loss or harm to its volunteers, as well as the standard of care that it must meet – that is, what would the reasonable person (or community organisation) in the same position and with the same knowledge expect of your community organisation.

If your organisation is found negligent (that is, it failed to meet its obligations) the court will order a remedy be provided to the volunteer as a result of the community organisation’s actions or failure to act. This could be a costly mistake reputationally and financially.

Your community organisation should operate in a way that reduces the risk of damage and upholds the safety of its volunteers. Implementing a regularly reviewed risk management strategy and putting in place policies, procedures or strategies to prevent those risks from eventuating is one way that your organisation can minimise the chance of them occurring or minimise the consequences if they occur.

Each state and territory has legislation that deals with negligence.  For a comprehensive summary of each state and territory, as well as a summary on risk management strategies, see Part 4 of our National Volunteering Guide.

2. Do you have or are you planning to have policies, procedures or strategies in place to ensure the safety of the people your volunteers interact with?

You answered yes

Good! We recommend that your organisation continues to have policies, procedures or strategies in place to ensure the safety of the people that your volunteer interacts with. This is because you have a common law legal duty under negligence laws to do so. Your organisation may also have a duty under legislation to do so.

There are two sides to safety: the legal duty you have to take steps to ensure the safety of your volunteers, and your legal duty to the people that your volunteer interacts with - this includes clients, employees, other volunteers and members of the public.

In some circumstances, your organisation may be held liable, that is ‘legally responsible’ for the negligent actions (or the failure to act) of your volunteers. This is because each state and territory has legislation that sets out a special protection for volunteers from personal civil liability for anything done or not done in good faith when performing community work for your organisation. In some circumstances, the liability will instead transfer from the volunteer who caused the damage to your organisation.

The law differs slightly in each state and territory, and there are a set of tests that must be satisfied before a volunteer is protected and liability is transferred to your organisation. For more information about this, see Part 4 (in particular the annexure to Part 4) of our National Volunteering Guide.

Implementing a regularly reviewed risk management strategy and putting in place policies, procedures or strategies to prevent those risks from eventuating is one way that your organisation can minimise the chance of them occurring or minimise the consequences if they occur. For more information about risk management strategies, see Part 4 of our National Volunteering Guide.

You answered no

We strongly recommend that your community organisation considers how it will ensure the safety of the people that your volunteers interact with. This is because you have a legal duty under common law negligence laws to do so. Your organisation may also have a duty under legislation to do so.

There are two sides to safety: the legal duty you have to take steps to ensure the safety of your volunteers, and your legal duty to the people that your volunteer interacts with - this includes clients, employees, other volunteers and members of the public.

Your organisation must consider both its duty of care to prevent injury, loss or harm to the people that your volunteers interact with, as well as the standard of care that it must meet – that is, what would the reasonable person (or community organisation) in the same position, and with the same knowledge, expect of your organisation.

In some circumstances, your organisation may be held liable, that is ‘legally responsible’ for the negligent actions (or the failure to act) of your volunteers. This is because each state and territory has legislation that sets out a special protection for volunteers from personal civil liability for anything done or not done in good faith when performing community work for your organisation. In some circumstances, the liability will instead transfer to your organisation.

The law differs slightly in each state and territory, and there are a set of tests that must be satisfied before a volunteer is protected. For more information about this, see Part 4 (in particular the annexure to Part 4) of our National Volunteering Guide.

Your community organisation should operate in a way that reduces the risk of damage and upholds the safety of the people that your volunteers interact with. Implementing a regularly reviewed risk management strategy and putting in place policies, procedures or strategies to prevent those risks from eventuating is one way that your organisation can minimise the chance of them occurring or minimise the consequences if they occur. For more information about risk management strategies see Part 4 of our National Volunteering Guide.

3. Do you know if you and your volunteers comply with work health and safety legislation?

You answered yes

Good! We recommend your organisation continue to comply with the relevant work health and safety laws (also referred to as occupational health and safety) in your state or territory. Work health and safety obligations are separate to, and in addition to, the obligations your community organisation has under negligence laws.

Work health and safety laws will apply to many community organisations, but not all. If work health and safety obligations apply to your organisation, the laws will impose a variety of obligations on your organisation. Compliance with these laws is very important. If your organisation does not comply with these laws, it risks substantial fines. Directors and officers of organisations risk further fines and imprisonment if they do not exercise due diligence in relation to work health and safety of volunteers.

The laws are different in each state and territory. To find out more about how work health and safety laws apply to your community organisation, including what your obligations are, see our comprehensive guide in Part 4 of our National Volunteering Guide.

You answered no

We recommend you find out if your organisation must comply with the relevant work health and safety laws (also referred to as occupational health and safety) in your state or territory. Work health and safety obligations are separate to, and in addition to, the obligations your organisation has under negligence laws.

Work health and safety laws will apply to many community organisations, but not all. If work health and safety obligations apply to your organisation, the laws will impose a variety of obligations on your organisation. Compliance with these laws is very important. If your organisation does not comply with these laws, it risks substantial fines. Directors and officers risk further fines and imprisonment if they do not exercise due diligence in relation to work health and safety of volunteers.

The laws are different from state to state, but in essence the obligation is to, so far as reasonably practicable, ensure the health and safety of workers in the workplace, which is taken to include volunteers. In some circumstances this is extended to the people that your volunteers are interacting with, as well as a duty on the volunteer themselves to ensure their own safety.

As mentioned above, the laws are different in each state and territory. To work out whether work health and safety laws apply to your organisation, including what your obligations are, see our comprehensive guide in Part 4 of our National Volunteering Guide.

4. Do you have youth volunteers and/or do your volunteers interact with children or young people?

You answered yes

In addition to the duty of care your community organisation owes to volunteers and the people that your volunteer interacts with, you should consider the special responsibilities your organisation may have in relation to children or young people it comes into contact with when providing services, or when children or young people are volunteers for your organisation.

As discussed above, when considering safety, there are two primary sources of law that your community organisation will need to be aware of – negligence laws and work health and safety (or occupational health and safety) laws. If you are dealing with children, you should consider any special measures you may need to take to meet these obligations under negligence laws and/or the work health and safety laws.

It is crucial your organisation undertakes a careful risk assessment of the activities involving children and interactions it has with children, to determine whether it needs to implement any further safeguards and processes to help ensure their safety. One important safeguard to put in place is comprehensive induction and training of workers and volunteers.

All states and territories also have certain legal requirements for conducting checks in relation to people who are working with children. For more information, see Part 3 of our National Volunteering Guide and our screening guides (the guides apply to volunteers as well as to other types of workers).

For more information about safety, your organisation and children and young people, see Part 4 of our National Volunteering Guide and our guide to engaging and working with youth volunteers.

You answered no

If in future your organisation engages children or young people as volunteers, or if your organisation comes into contact with children or young people when providing services, your organisation must carefully consider the special responsibilities it may have.

As discussed above, when considering safety, there are two primary sources of law that your organisation will need to be aware of – negligence laws and work health and safety (or occupational health and safety) laws. If you are dealing with children, you should consider any special measures your organisation may need to take to meet these obligations under negligence laws and/or the work health and safety laws. You may also be required to undertake Working with Children Checks.

For more information about safety, your organisation and children and young people, see Part 4 of our National Volunteering Guide and our guide to engaging and working with youth volunteers.

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Section C: Do you want to know more about volunteers and unlawful workplace behaviour?*
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You answered yes

It is good that you want to know more.

Unlawful workplace behaviour can include discrimination, sexual harassment, bullying and victimisation. Specific laws prohibit these behaviours and these behaviours may also pose work health and safety issues.

In addition to legal obligations to protect your volunteers from unlawful workplace behaviour, your community organisation has legal obligations to protect the people your volunteers are interacting with, and to ensure that they are not subject to unlawful workplace behaviour by the volunteer. Your organisation could be legally responsible (under discrimination laws, work, health and safety legislation and negligence law) for the actions of volunteers.

We recommend your community organisation comply with these laws (as much as reasonably practicable) even if they do not apply to your organisation. It is a matter of best practice.

The laws differ at both a state and national (Federal) level.

Note

In addition to the state and territory laws that apply where your community organisation operates, Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) might apply to your organisation. These laws are explained in further detail in Part 5 of our National Volunteering Guide.

Select each state and territory that your community organisation operates in:*
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Australian Capital Territory

In the Australian Capital Territory, volunteers are covered by the Discrimination Act 1991 (ACT). This 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. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited under the Work Health and Safety Act 2011 (ACT) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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 covered by the Anti-Discrimination Act 1977 in certain circumstances. This Act:

• makes it unlawful to sexually harass volunteers and unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights, and

• may make it unlawful to discriminate or victimise a person where volunteering falls within an area of public life (for example, 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 protect all their workers from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination.

Bullying behaviour is prohibited under Federal law. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited under the Work Health and Safety Act 2011 (NSW) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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 covered by the Anti-Discrimination Act 1992 (NT), 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 protect all their workers from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination.

Bullying behaviour is prohibited under Federal law. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited under the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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). This 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. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited by the Work Health and Safety Act 2011 (Qld) which applies 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 Volunteering Guide. Our guide also explains how federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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). This 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. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited under the Work Health and Safety Act 2012 (SA) which applies 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 Volunteering Guide. Our guide also explains how federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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). This 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. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is also prohibited under the Work Health and Safety Act 2012 (Tas) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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 covered by the Equal Opportunity Act 2010 (Vic) in some circumstances. This Act: 

  • makes it unlawful to sexually harass volunteers and unlawful to victimise a person who has made a complaint about such behaviour or exercised other rights, and
  • may make it unlawful to discriminate or victimise a person where their volunteering falls within an area of public life (for example, the provision of goods and services). 

In Victoria, under this Act, 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 protect all their workers from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination. 

Bullying behaviour is prohibited under Federal law. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is prohibited under the Occupational Health and Safety Act 2004 (Vic) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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) 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 protect all their workers from discriminatory behaviour and will also help prevent damage that may arise from a complaint of discrimination. 

Bullying behaviour is prohibited under Federal law. The Fair Work Act has provisions that relate to bullying behaviour, which can apply to volunteers. Workplace bullying is prohibited under the Work Health and Safety Act 2020 (WA) which applies 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 Volunteering Guide. Our guide also explains how Federal laws (such as the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Fair Work Act 2009, the Disability Discrimination Act 1992, the Age Discrimination Act 2004 and the Australian Human Rights Commission Act 1986) 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. 

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Section D: Do you want to know about managing the performance of your volunteers, or ending the volunteer relationship?*
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1. Do you have a plan or system in place for managing the performance of your volunteers?*
2. Do you have a plan or system in place for recognising your volunteers’ contribution?*
3. Do you have a plan or system in place for handling volunteer grievances (complaints)?*
4. Do you want to know more about ending the volunteer relationship with a person because you want to make them an employee or contractor?*
5. Do you want to know more about ending the volunteer relationship in other circumstances?*
6. Do you have a system in place for keeping records relating to your volunteers?*
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1. Do you have a plan or system in place for managing the performance of your volunteers?

You answered yes

Good! We recommend your organisation continue to undertake performance management procedures and processes with your volunteers. A well-structured performance management system provides a number of benefits both to the community organisation and the volunteer. For more information about managing the performance of volunteers, including what a performance management plan should include and tips on performance management processes, see Part 3 of our National Volunteering Guide.

You answered no

We recommend your organisation considers a performance management plan along with procedures and processes. A well-structured performance management system provides a number of benefits both to the organisation and the volunteer.

Although managing the performance of employees involves risks that do not apply to volunteers (such as unfair dismissal), best practice dictates the management of volunteers should not differ significantly from the management of employees. This ensures all workers are treated consistently and provides some certainty on the process to expect when issues arise.

A useful way to think about performance management is to think in terms of both conduct and performance. ‘Performance’ generally refers to the quality of work. For example, only partly recording a client’s contact details in the organisation’s systems or failing to collect necessary information from a client. This differs to ‘conduct’ which generally refers to the deliberate breaking of workplace rules, such as misuse of the organisation’s equipment (for example, using a vehicle without permission or in breach of the organisation’s policies), disclosure of confidential information, or inappropriate workplace behaviour (such as bullying or sexual harassment). For more information about managing the performance of volunteers, including what a performance management plan should include and tips on performance management processes, see Part 3 of our National Volunteering Guide.

2. Do you have a plan or system in place for recognising your volunteers’ contribution?

You answered yes

Good! Volunteers are a central part of many community organisations. We recommend your organisation continues to recognise the value of your volunteers’ contributions. This is recommended by Volunteering Australia in the National Standards for Volunteer Involvement. Standard 7 says “Volunteer contribution, value and impact is understood, appreciated and acknowledged”. This includes, for example, providing a volunteer with feedback on the impact and value of their contribution to the organisation and its work. Periodic appraisals of a volunteer’s performance is one way to provide a volunteer with the opportunity for feedback on their contribution. 

Caution

Regardless of whether it is a monetary reward or other recognition to show gratitude for a volunteer’s contribution, your organisation needs to exercise caution when making payments to volunteers.

Some organisations provide benefits to volunteers that they may call an honorarium, allowance or one-off payment. While these payments to volunteers are generally acceptable, if any payments or benefits to a volunteer are comparable to wages or are a salary in disguise then this may point to an employment relationship. Such payments or benefits should not be made to volunteers. For more information about payments and volunteers, see Part 2 of our National Volunteering Guide.

You answered no

Volunteers are a central part of many community organisations. Your organisation may want to consider ways in which you can recognise the value of your volunteers’ contributions. This is recommended by Volunteering Australia in the National Standards for Volunteer Involvement. Standard 7 says “Volunteer contribution, value and impact is understood, appreciated and acknowledged”. This includes, for example, providing a volunteer with feedback on the impact and value of their contribution to the organisation and its work. Periodic appraisals of a volunteer’s performance is one way to provide a volunteer with the opportunity for feedback on their contribution.

Caution

Regardless of whether it is a monetary reward or other recognition to show gratitude for a volunteer’s contribution, your organisation needs to exercise caution when making payments to volunteers.

Some organisations provide benefits to volunteers that they may call an honorarium, allowance or one-off payment. While these payments to volunteers are generally acceptable, if any payments or benefits to a volunteer are comparable to wages or are a salary in disguise then this may point to an employment relationship. Such payments or benefits should not be made to volunteers. For more information about payments and volunteers, see Part 2 of our National Volunteer Guide.

3. Do you have a plan or system in place for handling volunteer grievances (complaints)?

You answered yes

Good! We recommend your community organisation continues to have, use and update its plan or system for handling volunteer grievances. Remember, volunteers should be told about your organisation’s procedure for handling grievances. This will assist in preventing issues becoming more problematic.

For more information about handling volunteer grievances, including tips on what should be included in a volunteer grievance policy, see Part 3 of our National Volunteering Guide.

You answered no

We recommend your community organisation considers putting in place a system for handling volunteer grievances. Grievances occur in most community organisations and volunteers may want to express grievances about the volunteer program, or your organisation.

One way that your organisation can ensure that the volunteer’s grievances are heard and dealt with in an appropriate manner is by implementing a volunteer grievance policy. This is a written document that outlines the process of making a complaint, how it is resolved and who is responsible for resolving it.

Volunteers should be told about your organisation’s procedure for handling grievances. This will assist in preventing issues becoming more problematic.

For more information about handling volunteer grievances, including tips on what should be included in a volunteer grievance policy, see Part 3 of our National Volunteering Guide.

4. Do you want to know more about ending the volunteer relationship with a person because you want to make them an employee or contractor?

You answered yes

Your organisation may come across a volunteer that it wishes to engage as an employee or independent contractor. While there is no issue with doing this, it is important to recognise the different legal entitlements and obligations for volunteers, employees and independent contractors. So that the relationship does not get blurred (which can be confusing for the individual and a costly legal mistake for your organisation), it is important to clearly distinguish the transition from a volunteer to employee or independent contractor. One way of doing this is by confirming the volunteer arrangement has come to an end in writing, entering into a separate employment or independent contractor agreement and keeping a record of the signed and dated documentation provided to the volunteer.

For more information about ending the volunteer relationship, see Part 3 of our National Volunteering Guide or Part 2 for information about the differences between volunteers, employees and independent contractors.

You answered no

Remember it is important to manage the process of ending a volunteer relationship well. This will help your organisation avoid any potential legal consequences or reputational damage.

5. Do you want to know more about ending the volunteer relationship in other circumstances?

You answered yes

There may be a number of reasons why your community organisation may choose to end a relationship with one of its volunteers. These include:

  • there is no longer a need for the volunteer’s services
  • the volunteer’s performance
  • the volunteer’s conduct is not satisfactory (or has not improved following a review process) or there has been serious misconduct, or
  • the volunteer’s presence may be detrimental to the health and safety of others in the organisation

Ending a genuine volunteer relationship is different to ending an employment relationship by termination (which involves certain legal rights, obligations and processes). It is important that both your organisation and the volunteer understand these differences. Your organisation should have processes in place for the ending of a volunteer relationship, which include the keeping of volunteer records once the relationship has come to an end. For more information about ending the volunteer relationship, see Part 3 of our National Volunteering Guide or Part 2 for information about the differences between volunteers, employees and independent contractors.

You answered no

Remember it is important to manage the process of ending a volunteer relationship well. This will help your organisation avoid any potential legal consequences or reputational damage.

6. Do you have a system in place for keeping records relating to your volunteers?

You answered yes

Good! We recommend your organisation keeps records about its volunteers for at least 7 years. More information can be found in Part 6 of our National Volunteering Guide.
Caution

If your organisation is bound by, or as a matter of best practice follows privacy laws, this will have implications for the collection, storage and use of a volunteer’s personal information. See, Part 6 of our National Volunteering Guide.

You answered no

While community organisations have limited legal obligations to keep specific records relating to volunteers we recommend that your organisation keeps records about its volunteers for at least 7 years. The reasons for this include that legal action can generally be pursued up to 6 years after an event to which the legal action relates (for example, if a former volunteer alleges your organisation’s negligence was the cause of the injury to the person while they were volunteering for your organisation, it may take up to 6 years before they start this legal action). Some claims have even longer limitation periods. Further, if your community organisation is bound by work health and safety laws, in most jurisdictions these laws generally require certain records be kept for 5 years.

Keeping volunteer records for 7 years is also consistent with any obligations your organisation has under employment law in relation to employee records. This obligation does not specifically extend to volunteer records, however, best practice dictates that the management of volunteers should not differ significantly from the management of employees, which includes record keeping.

If your community organisation is a registered charity with the Australian Charities and Not-for-profits Commission (ACNC), you will need to report on your volunteers.

Caution

If your community organisation is bound by, or as a matter of best practice follows privacy laws, this will have implications for the collection, storage and use of a volunteer’s personal information. See, Part 6 of our National Volunteering Guide.

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