South Australia regulation

Volunteers Protection Regulations 2019

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

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.

The 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.

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Current sections

Direct links to the current provisions in Volunteers Protection Regulations 2019.

Volunteers Protection Regulations 2019

South Australia Volunteers Protection Regulations 2019 under the Volunteers Protection Act 2001

Contents 1 Short title 2 Commencement 3 Interpretation 4 Definition of voluntary basis Schedule 1—Revocation of Volunteers Protection Regulations 2004 Legislative history

1—Short title These regulations may be cited as the Volunteers Protection Regulations 2019. 2—Commencement These regulations come into operation on 1 September 2019. 3—Interpretation In these regulations— Act means the Volunteers Protection Act 2001. 4—Definition of voluntary basis (1) For 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: (a) the person is reimbursed for any expenses incurred during the course of carrying out the work; (b) the person is given a true honorarium in respect of the work. (2) In this regulation— true honorarium means a monetary gift made to a person in recognition of the person's work as a volunteer. Note— It follows that a true honorarium is not— (a) subject to pay‑as‑you‑go withholding or instalment tax; or (b) paid as a consequence of the person's employment; or (c) legally required to be paid to the person; or (d) an amount that is relied on or expected by the person as a source of income. Schedule 1—Revocation of Volunteers Protection Regulations 2004 The Volunteers Protection Regulations 2004 are revoked. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2019 164 Gazette 27.6.2019 p2354 1.9.2019: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Volunteers Protection Regulations 2019

South Australia Volunteers Protection Regulations 2019 under the Volunteers Protection Act 2001

Contents 1 Short title 2 Commencement 3 Interpretation 4 Definition of voluntary basis Schedule 1—Revocation of Volunteers Protection Regulations 2004 Legislative history