ACTIn ForceAct
Workers Compensation Act 1951
18Commercial voluntary workers
Start here
Get a plain-English read of 18
Turn the raw legal text into a practical explanation grounded in Workers Compensation Act 1951.
18 Commercial voluntary workers
(a) an individual (a commercial volunteer) is engaged under an
arrangement by which the commercial volunteer performs work
that is for (or incidental to) an enterprise, trade or business
carried on by someone else (the principal); and
(b) the principal carries on the enterprise, trade or business for—
(i) if the principal is an individual—the financial benefit of the
principal; or
(ii) if the principal is a corporation—the financial benefit of
the corporation’s members; and
(c) the commercial volunteer receives no payment for the work
(apart from any payment for expenses).
1 The Very Big Motocross Event Company (a corporation incorporated under
the Corporations Act) promotes an event known as the ‘Mega Motocross’.
The corporation engages a number of motocross enthusiasts as marshals for
the event, but the marshals are volunteers (they are not paid). The Mega
Motocross is an ‘enterprise, trade or business’ carried on for the financial
benefit of the corporation’s members. The marshals are therefore commercial
volunteers to whom this section applies.
2 The Motorboat and Jet-ski Club of Canberra Inc. (a not-for-profit body
incorporated under the Associations Incorporation Act 1991) promotes an
annual event known as the ‘Big Splash’. The club engages a number of
enthusiasts as marshals for the event, but the marshals are volunteers (they are
not paid). The Big Splash is not an ‘enterprise, trade or business’ carried on
for the financial benefit of the club’s members. The marshals are therefore not
commercial volunteers to whom this section applies.
3 The Homeless Trust is an organisation incorporated under statute whose only
object is to assist the homeless in Canberra. The trust runs an opportunity shop
in Tuggeranong, which earns a small profit. The shop is staffed by unpaid
volunteers. The shop’s profits are used to assist the homeless. The shop is an
‘enterprise, trade or business’, but it is not carried on for the financial benefit
of the trust’s members. The volunteer staff of the shop are therefore not
commercial volunteers to whom this section applies.
4 If the Homeless Trust described in example 3 were an unincorporated group
of individuals (or a single individual), but carried on the same activities for the
same single purpose, the shop concerned would be an ‘enterprise, trade or
business’, but would not be carried on for the financial benefit of the
individuals (or individual) by whom the trust is constituted (who would be the
principals, or principal). The volunteer staff of the shop would therefore also
not be commercial volunteers to whom this section applies.
(2) A commercial volunteer is taken to be a worker employed by the
principal, unless the principal is exempt from the application of this
subsection in relation to the volunteer under a certificate given under
(3) On application by the principal, the Minister may give the principal a
certificate (a volunteer exemption certificate) exempting the
principal from the application of subsection (2) in relation to the
commercial volunteers mentioned in the certificate if the Minister
considers it appropriate, having regard to the interests of the principal
and the commercial volunteers mentioned.
(4) A volunteer exemption certificate must state—
(a) which commercial volunteers (or class of commercial
volunteers) it applies to; and
(b) the work it applies to; and
(c) the period, or the event, it applies to.
(5) A volunteer exemption certificate is a notifiable instrument.