38Exceptions to section 37(1)

38 Exceptions to section 37(1) (1) Section 37(1) does not apply to a volunteer— (a) who knew, or who ought reasonably to have known, that at the relevant time he or she was acting— (i) outside the scope of the community work organised by the community organisation; or (ii) contrary to any instructions given by the community organisation in relation to the providing of the service; or (b) whose ability to provide the service in a proper manner was, at the relevant time, significantly impaired by alcohol or drugs. (2) Section 37(1) also does not apply to a volunteer— (a) in respect of any claim to recover damages in respect of defamation; or (b) in respect of any proceedings that are brought under the **Transport Accident Act 1986**. (3) A reference to drugs in subsection (1)(b) does not include a reference to drugs that were taken for a therapeutic purpose or that were not taken voluntarily. (4) A reference to alcohol in subsection (1)(b) does not include a reference to alcohol that was not consumed voluntarily. S. 39 inserted by No. 49/2002 s. 11.