Liability - Can our organisation be legally responsible for the actions of our volunteers?
The answer is yes, in certain circumstances.
In Victoria, there are laws which provide that some volunteers are not personally liable for anything done (or not done) in good faith while doing community work that is organised by a community organisation.
These laws provide that any liability (legal responsibility) resulting from the actions of these volunteers may transfer to the community organisation, and the community organisation will be held liable for compensation to people who are injured, instead of the volunteer.
These laws are set out in the Wrongs Act 1958 (Vic) and are known as the volunteer civil liability protection provisions. The policy aim is to not let the fear of liability discourage people from volunteering.
The fact sheet and checklist below are designed to help your community organisation understand the provisions, and to work out if and how your organisation may be liable for its volunteers under the Victorian Wrongs Act.
Fact sheet: Volunteer civil liability protection in Victoria
Checklist: Is our organisation liable for its volunteers under the Wrongs Act 1958 (Vic)?