Volunteers (Protection from Liability) Act 2002

The Act is compact and builds on a small set of statutory concepts that determine scope and effect.

• Volunteer. Defined by reference to a person who does community work on a voluntary basis (s 4(1)), with specified exclusions for persons performing certain functions under other Acts (s 4(1)(a)-(c)) and for work done under court orders (s 4(3)). A person is doing community work on a voluntary basis if they receive no remuneration other than reimbursement of reasonable expenses or remuneration they would receive irrespective of the work, or remuneration not exceeding an amount prescribed by regulations (s 4(2)). The Act therefore ties “volunteer” status to the nature and amount of payment, but leaves the precise monetary threshold to regulations.

• Community work. Defined broadly to include religious, educational, charitable or benevolent work, arts, sport and recreation, care for disabled persons, environmental conservation, heritage preservation, community centre establishment, promotion of local community interests, political purposes, and other purposes prescribed by regulation (s 3(1)(a)-(k)). The definition expressly excludes work that may be prescribed as not being community work. The statute also clarifies that “organised” includes directed and supervised (s 3(1)).

• Community organisation. Defined to include State agencies or instrumentalities, departments of the Public Service, incorporated associations under the Associations Incorporation Act 2015, local governments, and other bodies corporate that organise community work (s 3(1)). The definition makes organising the trigger for an entity to be a community organisation rather than voluntary or membership status per se.

• Protection from liability. For volunteers, the operative protection is a statutory bar on incurring civil liability for acts done in good faith while doing community work (s 6(1)). For donors of food and grocery products, the protection is against civil liability for personal injury resulting from consumption/use, subject to statutory conditions (s 8A(1)-(2)).

• Transfer of liability. The Act does not create a strict immunity that leaves no defendant; it shifts the legal exposure from the volunteer to the organising community organisation (s 7(1)). The community organisation may, however, benefit from any protection it already enjoys under other laws for the same act (s 7(2)). The Act treats State agencies that are not bodies corporate as liabilities incurred by the State if they would have been bodies corporate (s 7(4)-(5)).

• Limitations and exclusions. Volunteers lose protection if acting outside the organised scope or contrary to instructions, or if significantly impaired by alcohol or non‑therapeutic drugs (s 6(3)-(4)). The motor vehicle and third party insurance carve‑out preserves certain statutory motor vehicle claims (s 6(2)). For food/grocery donations, the protection requires good faith, charitable/benevolent purpose, free supply to the recipient, initial fitness/safety, and adequate information provided to the recipient about handling/time limits where relevant (s 8A(2)). Persons who distribute donated items are excluded from the donor protection (s 8A(3)).

• Regulatory levers. The Governor may make regulations to prescribe matters required or permitted by the Act or necessary to give effect to its purposes (s 9). The Act also contemplates that regulations may prescribe purposes and may exclude classes of work from the “community work” definition (s 3(1)(k) and the proviso).

These core concepts interact: volunteer status depends on remuneration definitions that the regulations may set (s 4(2)); what counts as community work can be narrowed by regulations (s 3(1) proviso); community organisations are defined by who organises the work (s 3(1)); and liability flows to organisers subject to protections under other laws (s 7(2)). The Act therefore combines statutory definitions, an immunity‑style protection for individuals, and a re‑allocation of liability to organising entities, with a regulatory backstop to refine scope.

The Act identifies discrete classes of persons and entities whose legal position is altered.

• Volunteers. Individuals who perform community work on a voluntary basis are the primary beneficiaries of statutory protection (s 6(1)). That status is limited to persons who meet the remuneration and voluntariness criteria in s 4(2) and who are not excluded by s 4(1)(a)-(d) or doing work under a court order (s 4(3)). Volunteers acting within the organised scope, in good faith and not significantly impaired by alcohol or non‑therapeutic drugs, are protected from civil liability for acts done in that context (s 6(1), s 6(3)-(4)).

• Community organisations. Entities that organise community work are the statutory recipients of shifted liability (s 7(1)). The definition of community organisation (s 3(1)) includes State agencies, departments of the Public Service, incorporated associations, local governments, and other bodies corporate that organise the work. When volunteers are protected under s 6(1), the organising community organisation incurs the civil liability the volunteer would otherwise have faced (s 7(1)). Multiple organisers are treated by identifying the principal organiser(s) (s 7(3)). State agencies that are not bodies corporate result in liability being incurred by the State (s 7(4)-(5)).

• Donors of food and grocery products. Individuals and entities who make charitable or benevolent donations of food or grocery products to be used or consumed free of charge, and who satisfy the condition that the item was fit for consumption or safe to use when it left their possession and that they informed recipients where handling/time requirements were necessary, are protected from civil liability for resulting personal injury (s 8A(1)-(2)). The protection applies only to donors, and excludes persons who merely distribute donated items (s 8A(3)).

• Claimants and third parties. Persons who would otherwise pursue civil claims against volunteers or donors will face a changed defendant landscape. For volunteer acts, claimants must look to the organising community organisation rather than the volunteer (s 7(1)). For food/grocery donations, claimants cannot recover from a qualifying donor for personal injury resulting from consumption/use where the statutory conditions are satisfied (s 8A(1)-(2)). The Act preserves certain motor vehicle third party rights and defamation claims against volunteers (s 6(2)), so some claimants retain direct remedies against volunteers in those circumstances.

• Insurers and commercial distributors. The Act affects insurance exposure because community organisations will bear civil liability arising from volunteer acts (s 7(1)), increasing their potential claims profile. For donated goods, commercial entities that distribute donated items are explicitly excluded from the donor protection (s 8A(3)), meaning businesses acting as distributors cannot rely on the statutory safe harbour.

• Government. The State may incur liability under s 7(4) when a non‑corporate State agency would otherwise have incurred the liability, shifting exposure from individual volunteers to the public balance sheet where public departments organise volunteer work.

Who decides and who pays. The organising community organisation decides how the activity is structured and supervised, since organising is the statutory trigger for liability transfer (s 3(1), s 7(1)-(3)). The community organisation therefore bears legal and financial responsibility for risk arising from volunteer acts within the protected class, unless another law provides protection (s 7(2)). Donors who meet the statutory conditions avoid defendant status; recipients and community organisations may assume greater responsibility for safe handling after receipt (s 8A(2)(c)-(d)).

Regulatory uncertainty. The Act expressly contemplates regulation to define volunteers’ remuneration thresholds and to prescribe or exclude activities from “community work” (s 4(2); s 3(1)(k); s 9), so the precise reach of who is affected can be altered administratively.

The Act creates duties by allocation of liability and imposes certain information and conduct obligations, while creating statutory protections that operate as rights for defined persons.

Duties and exposures imposed on community organisations

• Legal exposure. When a volunteer receives the statutory protection in s 6(1), the community organisation that organised the community work incurs the civil liability that the volunteer would otherwise have had (s 7(1)). This is a direct allocation of legal responsibility to organisers, who thus have a duty to anticipate and manage that liability.

• Principal organiser identification. Where multiple organisations are involved, the duty to answer for liability falls on the organisation that principally organises the work, or the organisations that principally organise it (s 7(3)). This creates a factual question of primary responsibility among collaborating organisers.

• State liability. If the community organisation that would incur liability is a non‑corporate State agency, the liability is to be borne by the State (s 7(4)-(5)). This pulls public finance into the liability calculus where public agencies organise volunteering.

Rights and duties of volunteers

• Right to protection. Volunteers who act in good faith while doing community work do not incur civil liability for those acts (s 6(1)). That is a statutory right to be free from civil liability in the defined circumstances.

• Conditions for losing protection. The protection is not absolute. Volunteers are not protected if they acted outside the scope of the organised community work or contrary to the organisation’s instructions, or if they were significantly impaired by alcohol or drugs (s 6(3)). The Act thus places an implied duty on volunteers to remain within scope and to avoid significant impairment.

• No indemnity obligation. Agreements that require volunteers to indemnify community organisations for liabilities the volunteer would have incurred but for the protection, and which the organisation then incurs, are of no effect to the extent they impose that indemnity or contribution (s 8). Volunteers thus have a statutory protection from contractual transfer of the protected liability.

Duties and protections for donors

• Conditions for donor protection. Donors of food or grocery products have a right not to incur civil liability for personal injury resulting from consumption/use if the donation was made in good faith for a charitable or benevolent purpose and free to the recipient, the item was fit or safe when leaving the donor, and the donor informed the recipient of handling requirements or time limits where necessary (s 8A(1)-(2)). The donor therefore has a defensive statutory right conditional on these factual predicates.

• Exclusions for distributors. The donor protection does not extend to persons who distribute donated items for others (s 8A(3)). A distributor remains exposed to claims.

Other duties and preserved rights

• Motor vehicle and defamation exceptions. The volunteer protection does not affect the right to recover in respect of defamation, or in respect of death or bodily injury directly caused by, or by the driving of, a motor vehicle where motor vehicle third party insurance applies (s 6(2)). Those rights continue to be enforceable against volunteers in the specified circumstances.

• Regulatory duties. The Governor may make regulations to prescribe matters necessary to implement the Act (s 9). The content of those regulations can impose further duties, for example by specifying remuneration thresholds or by prescribing activities not to be regarded as community work (s 3(1)(k); s 4(2); s 9).

Record‑keeping and operational duties implied by the statute

• Information to recipients of food/grocery donations. The statutory donor protection requires the donor to inform the recipient of handling requirements and time limits where relevant (s 8A(2)(c)-(d)). Practically, donors have a duty to communicate this information at the time of donation.

• Scope and instruction compliance. Volunteers have a de facto duty to comply with the scope and instructions of the organising community organisation, as failure to do so removes protection (s 6(3)(a)).

The Act confers rights that are conditional on compliance with these duties. The statutory model shifts legal consequences from individuals to organisers and creates a small set of affirmative communication obligations for donors.

The Act operates primarily by altering civil liability positions, not by creating new criminal offences or administrative penalties.

Civil liability and shifting of defendant status

• Protective operation. The Act removes civil liability from qualifying volunteers (s 6(1)) and from qualifying donors (s 8A(1)), which operates as a statutory bar against claims in those circumstances. Enforcement of that protection will occur in civil proceedings where the statute is relied upon as a defence or as a basis to remove a party from the defendant roll.

• Liability reallocation. The Act reallocates the statutory exposure to community organisations (s 7(1)). Thus, enforcement in practice will shift claimants’ civil actions from individual volunteers to the organising bodies, or to the State where the organiser is a non‑corporate State agency (s 7(4)-(5)).

Exceptions that preserve avenues for claimants

• Defamation and motor vehicle exceptions. The Act preserves a claimant’s right to recover for defamation, and for death or bodily injury directly caused by driving of a motor vehicle where motor third party insurance is in force or required (s 6(2)). Those preserved rights continue to be enforced in courts and are not displaced by the volunteer protection.

• Loss of protection where volunteer misconduct occurs. The Act removes protection from volunteers who act outside the scope of organised work or contrary to instructions, or who are significantly impaired by alcohol or non‑therapeutic drugs (s 6(3)-(4)). In such cases, volunteers may be defendants and civil liability can be pursued against them.

Invalidity of indemnities

• Contractual prohibition. Agreements, undertakings or arrangements that provide for a volunteer to indemnify a community organisation against a liability that the volunteer would have incurred but for s 6(1), and that the organisation incurs under s 7(1), have no effect to that extent (s 8). Enforcement of such clauses will be refused or voided to the extent they purport to transfer the protected liability.

Regulatory enforcement

• Regulations power. The Governor may make regulations for matters required or permitted by the Act and for giving effect to its purposes (s 9). The Act does not itself specify administrative enforcement mechanisms for non‑compliance with regulations, so enforcement mechanisms will depend on the content of any regulations and on existing civil procedures.

No criminal penalties in the text

• Absence of penal clauses. The Act contains no express criminal offences or monetary penalties for non‑compliance. The instrument is framed as a civil liability regulator, not a penal statute.

Practical enforcement pathway

• Civil litigation. Enforcement will occur through the civil courts where claimants sue for damages and defendants (community organisations or donors) assert the statutory protections or are sued because a volunteer or donor is exempted. The Act’s exceptions and definitions will be litigated in the ordinary civil process where disputes arise.

• Insurance implications. Because community organisations incur the shifted liabilities, insurers underwriting organisations and State risk managers will be involved in settlement and defence, which is a practical enforcement and cost‑bearing mechanism external to the statute.

In sum, the Act alters the landscape for civil enforcement by reallocating liabilities and preserving particular existing civil rights, but it does not itself create penalties or a separate enforcement regime beyond ordinary civil litigation and the incidental operation of insurance markets.

The Act cross‑references and co‑exists with several other statutory regimes, and it preserves protections provided elsewhere.

Motor vehicle third party insurance and defamation

• Preservation of rights. The Act expressly does not affect rights to recover in respect of defamation, or in respect of death or bodily injury directly caused by, or by the driving of, a motor vehicle where a contract of insurance was or was required to be in force under section 4 of the Motor Vehicle (Third Party Insurance) Act 1943, or where a contract referred to in section 3(4) of that Act was in force (s 6(2)). The statutory text therefore preserves the operation of the Motor Vehicle (Third Party Insurance) Act 1943 in respect of claims tied to driving and third party insurance.

References to other Acts in definitions and exclusions

• Food definition. The Act imports the meaning of food from the Food Act 2008, s 9, by reference (s 3(1)). This makes the statutory reach of the donor protection for food dependent on the Food Act’s statutory definition.

• Excluded volunteer categories. The Act lists categories of persons who are not volunteers because they are taken to be performing functions under other Acts: emergency services functions within the meaning of section 37(1a) of the Fire and Emergency Services Act 1998, honorary fisheries officers under the Fish Resources Management Act 1994, and various honorary officers under the Conservation and Land Management Act 1984 (s 4(1)(a)-(c)). These cross‑references create carve‑outs that place such persons outside the volunteer protection, leaving their liability position to the provisions of their respective Acts.

Interaction with Associations Incorporation Act and corporate status

• Organiser identity. The community organisation definition includes incorporated associations under the Associations Incorporation Act 2015, local governments, and other bodies corporate (s 3(1)). Where an organising entity is incorporated under the Associations Incorporation Act or is a local government, the community organisation will be a body corporate and liability attaches to that entity under s 7(1).

• State agencies that are not bodies corporate. If the organising community organisation is a State agency that is not a body corporate, the Act directs that liability that would be incurred by that agency, if it were a body corporate, is incurred by the State (s 7(4)-(5)). This ties the Act to the structure of public sector bodies under other public sector legislation.

Regulations and delegated law

• Scope for regulatory modification. The Act contemplates that the Governor may prescribe by regulation matters required or permitted by the Act and any matters necessary or convenient to give effect to its purposes (s 9). The regulations may therefore alter remuneration thresholds for volunteers (s 4(2)), prescribe additional purposes as community work (s 3(1)(k)), or exclude work from the community work definition. The precise interaction with other laws will depend on any regulations made.

Coexistence with other liability protections

• Non‑limitation clause. Section 5(2) expressly states that the Act does not limit protection from liability given by another written law. That clause preserves any pre‑existing statutory protections or immunities in other Acts, allowing concurrent application where relevant.

Practical interplay

• Litigation and defence strategies will need to consider the Motor Vehicle (Third Party Insurance) Act 1943 when claims involve motor vehicles, the Food Act 2008 when food definitions and safety standards arise, and the specific Acts that exclude certain honorary officers from volunteer status. The Act’s re‑allocation of liability may therefore operate alongside specialised statutory schemes that govern particular public officers or regulated activities.

The compilation table and the text record the Act’s amendments and commencement history.

Original enactment and commencement

• Enactment. The Volunteers (Protection from Liability) Act 2002 received assent as No. 32 of 2002 on 14 November 2002 (compilation table). It commenced on 1 January 2003 (see s 2 and Gazette reference listed in the compilation table).

Key amendments recorded in the compilation table and in‑text insertions

• 2006 Amendment. The Volunteers (Protection from Liability) Amendment Act 2006 (No. 53 of 2006) amended the statute. The compilation table shows assent on 26 October 2006 and commencement 2 December 2006. The 2006 amendments inserted Part 3 and section 8A, bringing in the protection for donors of food and grocery products (see heading insertion note before Part 3, and explicit note that s 8A was inserted by No. 53 of 2006 s 10). The in‑text notes reflect those insertions.

• Food Act 2008 cross‑reference. The Food Act 2008 s 149 is noted in the compilation table as amending the definition of food, with assent on 8 July 2008 and commencement on 24 October 2009. The in‑text definition of food refers to the Food Act 2008 s 9, reflecting that cross‑reference (s 3(1)).

• Fire and Emergency Services Legislation Amendment Act 2012. The compilation table records amendments under Pt. 7 Div. 16 of the Fire and Emergency Services Legislation Amendment Act 2012 (No. 22 of 2012) with assent on 29 August 2012 and commencement on 1 November 2012. The in‑text exclusion of persons taken to be performing a function under an emergency services Act within the meaning of section 37(1a) of the Fire and Emergency Services Act 1998 appears as s 4(1)(a), reflecting this cross‑reference.

• Associations Incorporation Act 2015 amendments. The compilation table records amendments by s 230 and s 232 of the Associations Incorporation Act 2015 (No. 30 of 2015), with assent on 2 November 2015 and commencement on 1 July 2016. The community organisation definition was updated to refer to incorporated associations under the Associations Incorporation Act 2015 (s 3(1)).

Notes on uncommenced provisions and later Acts

• The compilation table records an uncommenced provision reference for the Aquatic Resources Management Act 2016 s 373, listed as to be proclaimed. That is recorded in the uncommenced provisions table, but it is not part of this Act’s text.

Textual amendments within the Act

• Headings and inserted sections. The text carries editor’s notes indicating where headings were inserted (for Part 1, Part 2, Part 3 and Part 4) by No. 53 of 2006 s 5, s 9 and s 11 respectively, and where s 8A was inserted by the 2006 amendment (s 10). The Act’s short title was amended by No. 53 of 2006 s 6, as noted under s 1.

Scope for future amendments

• Regulations and delegations. The Act’s s 9 confers rule‑making power on the Governor, allowing further modifications by regulation within the statute’s purpose. The Act also contemplates that regulations may prescribe purposes and remuneration thresholds that affect who is a volunteer (s 3(1)(k); s 4(2)).

The compilation table supplies the authoritative chronology of amendments recorded in this compilation. The Act’s current text reflects those amendments as set out in the compilation and the inserted sections.

The Act as presented includes no judicial decisions, case references, or reported litigation summaries in the statutory text or compilation notes.

• No case law in the text. The instrument contains no cited judicial authorities or descriptions of litigation applying or interpreting the Act. The compilation table lists enactments and amendments, but not court decisions.

• Implication for researchers. Any litigation history, constructional disputes or judicial interpretation must be found outside this statutory compilation, by searching case law databases and court reports. The Act’s text anticipates factual issues likely to be contested in litigation, for example whether a volunteer acted within the scope of the organised work (s 6(3)(a)), whether a donor informed a recipient adequately of handling/time limits (s 8A(2)(c)-(d)), and which organisation principally organised volunteering where multiple organisers are involved (s 7(3)). Those are likely litigation points, but no decisions are recorded here.

• No administrative determinations. The Act contains no administrative enforcement scheme or tribunal decisions referenced in the text. Enforcement will occur through ordinary civil litigation (see Penalties and Enforcement above), and the Act’s application in particular disputes will be determined by courts applying the statutory wording to facts.

Researchers and practitioners must therefore consult external judicial databases and current case law to obtain the litigation history and authoritative judicial interpretation, which are not present in the Act as compiled here.

The Act contains several technical features and potential pitfalls that affect how its protections operate in practice. These are concrete points drawn from the statutory text.

1. Volunteer status depends on remuneration rules potentially set by regulation (s 4(2)). The Act does not itself set a monetary ceiling for permissible remuneration, it allows regulations to specify an amount. Practitioners must check the regulations to confirm whether a particular payment removes volunteer status.

2. Exclusions for persons performing certain statutory functions (s 4(1)(a)-(c)). Persons deemed to be performing functions under specified Acts are excluded from the volunteer definition. If a person is operating under one of those Acts, the volunteer protection will not apply, even where the activity otherwise looks like community work.

3. Court‑ordered community service is excluded (s 4(3)). A person doing community work under a court order is not a volunteer for the purposes of this Act, so the statutory protection does not apply to court‑ordered performers.

4. Scope‑of‑work and instruction compliance determine protection (s 6(3)(a)). The protection hinges on whether the volunteer was acting within the scope as organised and not contrary to instructions. Determination of scope and instruction fidelity is factual and may be contested in litigation.

5. Significant impairment by alcohol or drugs removes protection (s 6(3)(b); s 6(4)). “Drugs” is defined to mean drugs taken voluntarily otherwise than for therapeutic purposes (s 6(4)), creating a bright line for therapeutic use but leaving open factual disputes about impairment and voluntariness. The statutory phrase “significantly impaired” in s 6(3)(b) is evaluative and invites evidentiary contest.

6. Motor vehicle and defamation carve‑outs preserve claimants’ rights (s 6(2)). Even if a volunteer otherwise qualifies for protection, the Act does not displace defamation claims, or motor vehicle third party claims where the Motor Vehicle (Third Party Insurance) Act 1943 applies. Practitioners must identify vehicle involvement and insurance status early.

7. Community organisations incur the volunteers’ liabilities, and indemnities by volunteers are void (s 7(1); s 8). Organisations therefore absorb risk, and contractual attempts to shift that risk back to volunteers are invalid to the extent they relate to liabilities protected by the Act. Organisations need to address this exposure through insurance or risk management.

8. Identifying the “principal organiser” can be contested (s 7(3)). When several bodies are involved in organising work, liability attaches to the principal organiser(s). The Act does not define “principally organise” further, so multi‑party arrangements require careful allocation of organising roles and documentation.

9. State liability for non‑corporate State agencies (s 7(4)-(5)). Where a State agency that is not a body corporate organises volunteering, the liability is incurred by the State. Claims against public bodies may therefore translate into public liability exposures.

10. Donor protection is narrow and conditional (s 8A(1)-(2)). Donors must satisfy several factual predicates: good faith charitable/benevolent purpose, free supply to recipient, initial fitness/safety at the point it left the donor, and the provision of handling/time‑limit information where necessary. Failure to meet any of these conditions leaves the donor exposed. Notably, distributors of donated items are excluded from donor protection (s 8A(3)).

11. “Food” is defined by reference to the Food Act 2008 s 9 (s 3(1)). Changes in the Food Act’s definition or regulation of food safety can affect the reach of s 8A.

12. Regulations can narrow or expand scope (s 3(1)(k); s 4(2); s 9). The Governor’s regulation power allows prescription of purposes and of remuneration thresholds, and the Act permits regulations to declare work not to be community work. Practitioners must review current regulations to understand the operative scope.

13. The Act does not create an insurance requirement for community organisations. There is no statutory duty for organisers to carry insurance, but they incur liability and will be exposed financially absent voluntary insurance arrangements or other statutory protections (s 7(1)-(2)).

14. Donor information burden. The statutory duty to inform recipients about handling/time limits (s 8A(2)(c)-(d)) is fact‑sensitive. A failure to communicate properly may remove the protection even where the donor acted in good faith and the item was initially fit/safe.

15. Omission is included. A reference to doing anything by a volunteer includes omissions (s 3(2)). Liability or protection can therefore arise from failure to act as much as from affirmative acts.

These features mean that clients must treat the Act as a framework that reallocates risk but also creates multiple factual predicates for protection. Documentation of organising roles, instruction and supervision, volunteer payments, insurance arrangements, and donor communications is essential to operationalise the statutory protections.

Compliance under the Act requires managing the factual predicates that trigger protection and the organisational consequences that follow from liability reallocation. The following are concrete steps grounded in the statutory text.

For community organisations that organise volunteer work

1. Identify organising status. Determine whether the entity is a community organisation as defined (State agency, incorporated association under the Associations Incorporation Act 2015, local government, or other body corporate) and whether it “organises” the work (s 3(1); s 7(1)). If multiple entities are involved, document who principally organises the work to clarify potential liability per s 7(3).

2. Insurance review. Because liability that would have attached to volunteers is statutorily imposed on the community organisation (s 7(1)), review existing liability insurance to confirm coverage for claims arising from volunteer acts. If the organiser is a non‑corporate State agency, note that liability is incurred by the State (s 7(4)-(5)) and coordinate with State risk management.

3. Policies and instructions. Prepare and record clear instructions and scope definitions for volunteer activities. The volunteer protection is lost if the volunteer acts outside scope or contrary to instructions (s 6(3)(a)). Explicit, documented role descriptions and supervisory arrangements reduce factual disputes about scope.

4. Alcohol and drug policies. Implement and enforce policies prohibiting volunteers from performing community work while significantly impaired by alcohol or non‑therapeutic drugs (s 6(3)(b); s 6(4)). Maintain incident reporting and screening processes where activities carry safety risks.

5. Training and supervision. Provide training and supervision that makes instructions and safety requirements clear. The Act treats “organised” as including directed and supervised activities (s 3(1)). Supervision helps demonstrate that volunteers acted within scope and under instruction.

6. Contractual arrangements. Do not rely on volunteer indemnities. Agreements purporting to have volunteers indemnify the organisation for liabilities transferred under s 7 are of no effect to that extent (s 8). Ensure volunteer agreements do not contain invalid indemnity clauses.

7. Record keeping. Maintain contemporaneous records showing who organised the activity, who participated, what instructions were given, any alcohol/drug checks, and any incidents. These records will be central to establishing whether the volunteer’s conduct qualified for protection.

For individuals and organisations donating food or grocery products

1. Confirm donor status. Ensure the donation is made in good faith for a charitable or benevolent purpose and is free to the recipient (s 8A(2)(a)(i)-(ii)). Maintain records evidencing the charitable nature and the absence of a charge to the recipient.

2. Assess fitness and safety. Verify the food was fit for human consumption or the grocery product safe to use at the moment it left the donor’s possession or control (s 8A(2)(b)). Keep batch, expiry, and handling records where possible.

3. Communicate handling and time limits. If the donated item requires particular handling to remain safe, inform the recipient of those handling requirements, and if the item remains safe only for a limited time after leaving the donor, advise the recipient of that time limit (s 8A(2)(c)-(d)). Provide written labels or notices where appropriate and retain copies.

4. Distributor distinction. If your organisation distributes donated items on behalf of others, note that s 8A(3) excludes distributors from donor protection. Commercial distributors or charities who operate distribution chains should treat themselves as potential defendants and ensure appropriate quality assurance and insurance.

5. Avoid assumption of professional obligations. Donors who are businesses supplying groceries as part of commercial activity should not assume the donor protection applies to routine commercial supply; the protection targets charitable or benevolent donations that are free to recipients (s 8A(2)(a)(ii)).

For volunteers

1. Verify volunteer status. Confirm that you are a volunteer under s 4(1)-(3): you receive no disqualifying remuneration, you are not performing an excluded statutory function, and you are not working under court orders.

2. Stay within scope and follow instructions. Act within the organised scope and follow the community organisation’s instructions, since protection does not apply if you act outside the organised scope or contrary to instructions (s 6(3)(a)).

3. Avoid significant impairment. Do not perform community work while significantly impaired by alcohol or drugs taken voluntarily and not for therapeutic purposes (s 6(3)(b); s 6(4)).

4. Keep records of expenses and communications. If you receive reimbursements, ensure they are recorded as reasonable expenses or as remuneration that does not exceed any regulatory threshold (s 4(2)); keep documentation of scope and instructions to support an assertion of protection.

Organisational governance and legal checks

1. Review regulations. Because the Act leaves key thresholds and possible exclusions to regulations (s 3(1)(k); s 4(2); s 9), review current regulations to confirm the operative definitions and amounts. Amend organisational policies accordingly.

2. Risk allocation agreements. Where multiple organisations collaborate to organise volunteering, document in advance who is the principal organiser for each activity and how liability, costs and insurance will be allocated, while remembering that indemnities from volunteers are void under s 8.

3. Public‑sector coordination. State agencies should coordinate with State insurers and legal advisers if they organise volunteer work, since the State may incur the liability under s 7(4)-(5).

4. Legal advice for grey cases. Seek legal advice where facts are ambiguous: whether an activity counts as community work, whether the volunteer was acting within scope, whether a donation meets the s 8A conditions, and which entity principally organised the work.

Practical documentation and process checklist

• Establish written role descriptions and instructions for volunteers.
• Maintain insurance cover appropriate to the scale and risk of volunteer activities.
• Document charitable purpose and proof of free distribution for donations.
• Provide written handling instructions and expiry/time information for donated food/grocery products where required.
• Avoid drafting volunteer agreements that purport to shift statutory liabilities onto volunteers.
• Identify and document the principal organiser where multiple entities collaborate.

Following these steps aligns organisational practice with the statutory predicates for protection in s 6, s 7 and s 8A, and makes compliance defensible in civil litigation.