35Meaning of *volunteer*

35 Meaning of *volunteer* (1) A volunteer is an individual who provides a service in relation to community work on a voluntary basis. (2) A person is still a volunteer even if, in providing a service, he or she receives— (a) remuneration that he or she would receive whether or not he or she provided that service; or (b) out-of-pocket expenses incurred in relation to providing that service; or (c) remuneration that is not more than the amount (if any) specified in the regulations for the purposes of this section. (3) For the purposes of this Part, the following people are not volunteers— (a) a volunteer officer or member within the meaning of the **Country Fire Authority Act** **1958** while exercising any power conferred, or performing any duty imposed, on him or her by or under that Act or the **Dangerous Goods Act 1985**; (b) an officer or member of an industry brigade within the meaning of the **Country Fire Authority Act 1958** while exercising any power conferred, or performing any duty imposed, on him or her by or under that Act or the **Dangerous Goods Act 1985**; (c) a volunteer auxiliary worker within the meaning of the **Country Fire Authority Act** **1958** engaged in an authorized activity under that Act; (d) a person complying with a direction given to him or her under the **Country Fire Authority Act 1958**; (e) a volunteer emergency worker within the meaning of the **Emergency Management Act 1986** engaged in an emergency activity within the meaning of that Act; S. 35(3)(f) amended by No. 51/2005 s. 58(12). (f) a volunteer emergency worker within the meaning of the **Emergency Management Act 1986** exercising any power conferred, or performing any duty imposed, by or under the **Victoria State Emergency Service Act 2005**; (g) any person who would otherwise be a volunteer under this Part while he or she is engaged in any activity in respect of which an Act absolves him or her from civil liability for anything done, or not done, while he or she is so engaged; (h) a person who does community work under an order imposed by a court. S. 36 inserted by No. 49/2002 s. 11.