What it does
Mechanically, the Act creates two parallel liability-shifting protections and a set of related constraints.
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For volunteers who do community work, the Act removes civil liability for acts done in good faith while doing that work (s 6(1)). The protection is subject to specified exceptions: it does not affect rights to recover for defamation or for death or bodily injury connected with motor vehicles where third party insurance applies (s 6(2)), and it does not apply where the volunteer acted outside the organised scope or contrary to instructions, or was significantly impaired by alcohol or non‑therapeutic drugs (s 6(3)-(4)). The statutory definition of volunteer governs who qualifies (s 4(1)-(3)) and the definition of community work sets the activities covered (s 3(1)).
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The Act makes the community organisation that organises the volunteer work legally responsible for the civil liability that the volunteer would have incurred but for the protection (s 7(1)). This transfer is subject to any protection that would have applied to the organisation had it itself done the act (s 7(2)). If more than one organisation is involved, liability attaches to the community organisation that principally organises the work (s 7(3)). Where the organising body is a non‑corporate State agency, the liability is incurred by the State (s 7(4)-(5)).
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For donations of food and grocery products, the Act provides that a donor does not incur civil liability for personal injury resulting from consumption or use of the donated item, provided statutory conditions are met: donation in good faith for charitable/benevolent purpose and free to recipient, the item was fit for consumption or safe when it left donor’s possession, and the donor informed the recipient of any special handling requirements or time limits where necessary (s 8A(1)-(2)). The statutory protection expressly excludes persons who merely distribute donated items (s 8A(3)).