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What insurance do we need?
It is a requirement of membership with Volunteering WA that all volunteer-involving organisations have appropriate insurance for volunteers.
Public Liability insurance protects you up to a stated amount if a third party sues your organisation for personal injury (including death), or damage to property as a result of an occurrence in connection with your organisation.
Volunteer Personal Accident insurance is like Worker’s Compensation for volunteers. It can provide cover for people who become sick or injured while volunteering and may cover a portion of a person’s salary if they cannot attend their usual paid work as a result of an injury while volunteering.
Please make sure you know your insurance details when becoming a member of Volunteering WA and make sure you keep the details up-to-date on VIKTOR.
Volunteering WA also encourages organisations to consider the need for additional Association / Directors’ insurance.
What legislation covers volunteers?
The legislation includes a number of requirements to be met including that the voluntary work is undertaken for a local government or an incorporated association. Volunteers must act in accordance with directions from these organisations in carrying out their role and should not be impaired (such as under the influence of alcohol or other drugs). In addition, volunteers make up a large proportion of Australia’s workforce.
So much of the legislation that pertains to employees in a workplace – such as worker health and safety, privacy, bullying and harassment, discrimination etc. – applies equally to volunteers. There may also be industry specific legislation for sectors such as working with children, disability services, aged care etc. that may have additional provisions that apply to volunteers.
We recommend the NFP Law National Volunteer Guide as a good starting place to understand the legislative requirements that may apply to your organisation.
In addition, the National Standards for Volunteer Involvement provides good practice guidance for all volunteer organisations.
These documents provide general advice only. You may need legal or other professional advice to address any specific queries for your organisation.
Are volunteers covered by Worker’s Compensation legislation?
No. This is why it is important that your organisation is covered for Volunteer Personal Accident Insurance, which may cover a portion of a person’s salary if they cannot attend their usual paid work as a result of an injury while volunteering.
Do we need to conduct Reference checks for volunteers?
Reference checking may be part of the overall screening and selection process undertaken when recruiting volunteers.
The reference checking process helps build a picture of your potential volunteer. Part of your due diligence when taking on new volunteers is to ensure “consistency” between their CV or application form, what they have said in the interview and what the referee says. Any inconsistencies should be questioned and discussed with the candidate.
If you work with vulnerable clients you have an extra duty of care and reference checking should be part of a comprehensive checking process.
Be mindful that Privacy Laws prevent you from talking with someone about a candidate without their permission so make sure you ask for several relevant Referees in case some aren’t available.
Are police checks compulsory or necessary?
The National Standards advise that screening policies and procedures should align with non- discriminatory practices and that:
- Volunteer screening requirements are documented, applied and meet legislative requirements.
- Volunteer reference checks are undertaken as appropriate to the role.
- Guidelines are applied to determining the types of convictions or disciplinary actions that preclude people from becoming volunteers, and to informing people about how their personal history may be used for decision making.
Police checks may be required by legislation for some volunteer roles (such as volunteers in aged care or disability services). It is important to understand the requirements that apply to your industry or volunteer roles.
Members of Management Committees of Incorporated Associations in WA may not be appointed if they have committed some offences (such as fraud, dishonesty, been declared bankrupt etc.). Police checks may be helpful to determine if there are any legal barriers impacting the legal suitability of a volunteer in these roles.
In other instances, VIOs should assess the nature of the role and the risk to consider if Police Checks are required.
For some low risk roles (e.g. not involving finances or working with vulnerable groups) with adequate supervision and training, Police Checks may not be required.
Over-reliance on Police Checks not required by legislation may discriminate against a potential volunteer, if it is not relevant to the role being filled.
The Department of Communities and the WA Police Force have established a program enabling eligible WA volunteering organisations to provide their volunteers with a National Police Check for a concessional fee. For more information visit the WA Government website. Not that this concessional fee is not available for volunteers seeking the check, even if reimbursed by VIOs.
Are Working with Children (WWC) Checks compulsory?
Yes, this is a legal requirement in Western Australia for most volunteers who will be working with children.
Some general exemptions include:
- work carried out on a voluntary basis by a child.
- work carried out on an unpaid basis by a student under 18 years of age.
- parents volunteering in certain activities where their child is also involved or participates (unless attending an overnight activity).
The relevant criteria in the legislation is extensive and very specific. The State Government Working with Children website provides information to assist.
Volunteering WA recommends that the advertisement and role description highlight any need for volunteers to undertake these checks as part of the screening process and that VIOs reimburse for the costs of these checks.
Working with Children Checks are a part of the screening process for volunteers.
Having clear policies regarding the need to protect children (and other vulnerable groups), undertaking reference checking and interviews and provide adequate induction, training and supervision are also important.
Working with Children Checks are for a defined period (generally three years). They are not transferable between States or Territories.
What do I need to know about the Work Health & Safety legislation in WA?
Everyone has the right to be safe at work, including volunteers. Volunteers play a vital role in communities across Australia and make significant contributions by carrying out unpaid work for a variety of organisations every day.
Worksafe’s Guides provide information on how the Work Health and Safety Act 2020 applies to organisations that engage volunteers. It outlines the primary duty that organisations employing workers and engaging volunteers have under the WHS Act and explains how to meet this duty.
What are the considerations for children or youth volunteers?
There are a number of issues to consider when looking at engaging minors (children under 18 years of age) in a volunteer role.
While there is no legal requirement to obtain a parent or guardian’s consent, this is considered good practice, where possible.
Similarly, there are provisions in WA governing the employment of children under 15 years of age. While these do not apply to volunteers, they provide some guidance for considerations such as:
- Limiting the time of day or duration of volunteering (e.g. hours in a week).
- Not to interfere with a child’s participation in education or training.
- Consider appropriate working conditions that promote their health and safety.
Your volunteer policies and procedures should expressly consider risks and issues associated with the involvement of child volunteers. Organisations should provide appropriate safeguards including adequate supervision, appropriate roles and review to ensure children are benefitting from their involvement.
For young people over 18 years of age, organisations are encouraged to adapt traditional roles to encourage participation. This may include breaking a larger role into a number of smaller ones or supporting episodic or short term volunteering.
Volunteering WA encourages all organisations review any conditions of their Volunteer Accident Policies with your broker, to ensure all volunteers are adequately covered.
I have a volunteer here on a Visa. Can they legally volunteer?
Any volunteers who do not have permanent residency in Australia need to ensure they are keeping within the law and abiding by their Visa restrictions. It is important that you make sure that the person can legally undertake volunteer work on their particular visa. Generally if the person has the right to work in Australia, they generally have the right to volunteer.
What other legal considerations are there?
NFPLaw has valuable resources, guides and articles addressing considerations and legal obligations for volunteers and volunteer-involving organisations.