Entitlements - What legal obligations might our organisation owe to our volunteers?
Do occupational health and safety laws apply to volunteers?
All organisations that have employees or operate in a 'workplace' have an obligation under the Occupational Health and Safety Act 2004 (Vic) to protect the health and safety of their workers, including volunteers.
PilchConnect has developed a guide to help community organisations to work out their obligations under Victoria's occupational health and safety laws.
For more information go to:
Do we have a duty of care to our volunteers?
Yes - A community organisation owes its volunteers a duty of care under the common law (case made law) of negligence and under the negligence provisions in the Wrongs Act 1958 (Vic).
This means your community organisation may be liable for any acts or omissions made by the organisation which result in an injury to a volunteer or damage to their property.
There are a number of legal tests that must be satisfied before your organisation would be found negligent. Negligence claims (by volunteers or, for that matter, anyone) against community organisations are rare but your organisation should seek legal advice about its potential liability if you think legal action may be brought against your organisation.
Your organisation should also operate in a way that reduces the risk that your volunteers will be injured whilst volunteering for your organisation, and should have appropriate insurance coverage.
Volunteer legal entitlements FAQs
PilchConnect has produced answers to FAQs about insurance, tax, intellectual property, equal opportunity and record keeping, go to:
Managing volunteers
It is recommended practice to have a policy which allows your organisation to keep track of its volunteers in an attendance register. This will be helpful to your organisation for occupational health and safety and insurance purposes.The induction and training of new volunteers is very important to help them perform in their role effectively.
Induction procedures may include giving instruction on:
- An introduction to the community organisation: its objectives, structure, Board etc
- Statement on the rights and responsibilities of volunteers
- Role description
- Support and supervision provided
- Recruitment and screening (e.g. background checks and notes on privacy / ex-offenders statement) policy
- Outline of volunteer expenses
- Training program
- Health and safety policy (alcohol and drug impairment policies)
- Emergency procedures
- Acceptable workplace behaviour policy (anti-discrimination / equal opportunity /sexual harassment / bullying)
- Process for resolving complaints (anti-discrimination / equal opportunity /sexual harassment / bullying)
- Privacy and confidential information
- Intellectual property policy
- Volunteer performance review procedures
- Ending the volunteer relationship - what will happen if it is not working out for either party
- Property - who owns the property given to a volunteer and expectations for return (ie, uniform),or
- Insurance - extent of insurance policy organisation has, when it will and won't cover volunteers and any actions volunteer must take to ensure it covers (eg, sign in, notify of incidents).
For convenience the suggestions above should be set out in a Volunteer Handbook that can be given to volunteers for their own reference.