{"id":"volunteers-protection-regulations-2019","name":"Volunteers Protection Regulations 2019","slug":"volunteers-protection-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238173,"registerId":"sa-volunteers-protection-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Volunteers Protection Regulations 2019","content":"South Australia\nVolunteers Protection Regulations 2019\nunder the Volunteers Protection Act 2001\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDefinition of voluntary basis\nSchedule 1—Revocation of Volunteers Protection Regulations 2004\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Volunteers Protection Regulations 2019.\n2—Commencement\nThese regulations come into operation on 1 September 2019.\n3—Interpretation\nIn these regulations—\nAct means the Volunteers Protection Act 2001.\n4—Definition of voluntary basis\n\t(1)\tFor the purposes of the definition of voluntary basis in section 3 of the Act, a person works on a voluntary basis if the person is remunerated within the following limits:\n\t(a)\tthe person is reimbursed for any expenses incurred during the course of carrying out the work;\n\t(b)\tthe person is given a true honorarium in respect of the work.\n\t(2)\tIn this regulation—\ntrue honorarium means a monetary gift made to a person in recognition of the person's work as a volunteer.\nNote—\nIt follows that a true honorarium is not—\n\t(a)\tsubject to pay‑as‑you‑go withholding or instalment tax; or\n\t(b)\tpaid as a consequence of the person's employment; or\n\t(c)\tlegally required to be paid to the person; or\n\t(d)\tan amount that is relied on or expected by the person as a source of income.\nSchedule 1—Revocation of Volunteers Protection Regulations 2004\nThe Volunteers Protection Regulations 2004 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2019\n164\nGazette 27.6.2019 p2354 \n1.9.2019: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent — the full text of the regulations was not accessible due to a broken link. No content was available for comparison."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title and known parent Act framework, not actual regulatory content","Complexity cannot be meaningfully assessed without access to the actual provisions"],"plain_english_summary":"The Volunteers Protection Regulations 2019 (SA) are subordinate rules under the Volunteers Protection Act 2001 that implement limits on volunteers’ personal legal liability, typically protecting people who act in good faith while doing unpaid community or organisational work.  \n\nThey affect volunteers and organisations across South Australia and matter because they reduce personal legal risk for frontline unpaid helpers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: defining 'voluntary basis' for volunteer protection purposes. The 2019 version simply updates the 2004 regulations without expanding scope."},"complexity_factors":["Very short document (approximately 1 page of substantive content)","Only 2 substantive regulations (regulations 3 and 4)","Single definition of 'true honorarium' with 4 exclusionary criteria in a note","No cross-references to other legislation beyond the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward revocation of previous regulations in Schedule 1"],"plain_english_summary":"**What this does:**\n\nThese regulations set the rules for when someone counts as a \"volunteer\" under South Australia's volunteer protection laws. Specifically, they define what \"working on a voluntary basis\" means for the purposes of the *Volunteers Protection Act 2001*.\n\n**Who it affects:**\n\n- **Volunteers** – people doing unpaid work for community organisations, charities, or other groups\n- **Organisations** that rely on volunteers – they need to know whether their workers qualify for legal protections\n- **Anyone receiving an honorarium** – a monetary thank-you gift for volunteer work\n\n**The key rule:**\n\nA person still counts as working \"on a voluntary basis\" (and keeps their volunteer protections) if they receive either:\n- **Reimbursement** for out-of-pocket expenses (like petrol, phone costs, or materials), **or**\n- A **\"true honorarium\"** – a genuine gift of money given to recognise volunteer work, not as wages\n\n**What counts as a \"true honorarium\":**\n\nThe regulations spell out four things that distinguish a genuine thank-you gift from regular pay:\n- It's **not taxed** as employment income (no PAYG withholding)\n- It's **not paid because of an employment relationship**\n- There's **no legal obligation** to pay it\n- The volunteer **doesn't rely on it** as a source of income\n\n**Why it matters:**\n\nVolunteers get special legal protections (like immunity from certain lawsuits) under the Act. These regulations make clear that volunteers don't lose those protections just because they get their expenses back or receive a modest thank-you payment. The regulations also **revoke (cancel)** the old 2004 version, updating the rules."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument revokes the Volunteers Protection Regulations 2004 (Schedule 1) and replaces subordinate-law detail by setting a specific, narrow definition of \"voluntary basis\" that limits permissible remuneration to expense reimbursement and a \"true honorarium\" (reg 4). The text itself replaces the earlier regulations but does not, by its terms alone, describe the specific substantive differences from the revoked instrument."},"complexity_factors":["Narrow, single-topic instrument: focuses almost exclusively on defining \"voluntary basis\" (reg 4).","Direct link to primary Act: the regulation operates by construing the definition in section 3 of the Volunteers Protection Act 2001 (reg 3 and reg 4(1)).","Terminology that invites interpretation: the phrase \"true honorarium\" is defined but includes negative examples that require factual assessment (reg 4(2) and Note).","Compliance assessment required of organisations: bodies paying volunteers must assess whether payments are expense reimbursements or true honoraria to preserve volunteer status (reg 4(1)).","Tax and employment interaction: the regulation signals PAYG and employment consequences as part of the definition, creating external administrative checks (reg 4(2) Note).","Formal replacement of prior subordinate instrument: revokes the 2004 Regulations (Schedule 1), so users must apply this text going forward."],"plain_english_summary":"These regulations define when a person counts as working \"on a voluntary basis\" under the Volunteers Protection Act 2001: only reimbursement of expenses and a \"true honorarium\" (a monetary gift) qualify, and the 2004 regulations are revoked.  \n\nThe rules affect volunteers and organisations that engage them because they determine access to statutory volunteer protections; organisations must ensure payments fit the definition to preserve volunteer status and consider the tax and employment implications signalled in regulation 4."}},"importantCases":[],"_links":{"self":"/api/acts/volunteers-protection-regulations-2019","history":"/api/acts/volunteers-protection-regulations-2019/history","analysis":"/api/acts/volunteers-protection-regulations-2019/analysis","conflicts":"/api/acts/volunteers-protection-regulations-2019/conflicts","importantCases":"/api/acts/volunteers-protection-regulations-2019/important-cases","documents":"/api/acts/volunteers-protection-regulations-2019/documents"}}