The following information is general in nature, and is not legal advice – it does not take into account your specific needs, context or requirements.
By understanding the key legal issues surrounding volunteer involvement you can ensure your organisation is compliant with relevant legislation.
Justice Connect’s Not-for-profit Law, in particular their National Volunteering Guide, is a great resource to help organisation’s understand complex legal requirements.
The Commonwealth legislation governing most workplaces in Australia stipulates that unpaid work is only lawful where no employment relationship exists. When designing volunteer roles and engaging volunteers you need to make sure that the role is a true volunteer role. More guidance is provided in the Unpaid work fact sheet – Fair Work Ombudsman.
Work Health and Safety Act 2020
This legislation protects the health, safety and welfare of all workers (including unpaid workers) and also the health and safety of all other people who might be affected by the work. Volunteers have the same obligations and protections under Work Health and Safety laws as paid employees so organisations must ensure a safe working environment for their volunteers including training and risk management.
Volunteers and Food and Other Donors (Protection from Liability) Act 2002
This Western Australian legislation protects certain volunteers from incurring civil liability when doing community work on a voluntary basis; and provided that community organisations that organise community work to be done by volunteers may incur the civil liability from which the volunteers are protected when doing that work.
The Australian Crime Commission Act 2002 (Cth) (ACC Act)
governs the administration of the National Police Checking Service. In Western Australia, organisations who register with the department of Communities, can obtain these checks for their volunteers for a reduced fee through the Volunteer National Police Certificate Program.
Compulsory screening for people engaged in child-related work in Western Australia. Volunteers pay a reduced fee.
Compulsory screening for people who work in risk-assessed roles for NDIS providers. Volunteers pay a reduced fee.
Aged Care Workers
The Australian government is working with States and Territories to develop a national worker screening check for the care and support economy.
In the meantime, aged care workers are required to either hold a National Police Clearance or a NDIS Screening Check.
Western Australia (WA) does not currently have legislation that mandates a broader working with vulnerable people registration scheme (WWVP) however, we do advise that you request a National Police Clearance Check for each volunteer if they are working with vulnerable people.
Volunteering WA’s Expert Reference Group: Volunteer Screening is providing advice to governments on the above checks as we seek to streamline and simplify them wherever possible.
Migration Act 1958 – Federal Register of Legislation
If a volunteer is on a temporary visa, you must check if the visa allows permission to work in Australia.
Protects individuals’ personal information.
Intellectual Property Laws Act 2015
Protects and enforces the rights of the creators and owners of inventions, writing, music, designs and other works.
Equal Opportunity Act 1984 (WA)
The primary anti-discrimination legislation in Western Australia. It prohibits unlawful discrimination, sexual and racial harassment, and victimisation across public life, including employment, education, and accommodation.
Federal Anti-discrimination laws
Racial Discrimination Act 1975
Makes discrimination on the basis of a person’s race, colour, descent or national or ethnic origin unlawful where it occurs in specified areas of public life.
Disability Discrimination Act 1992
Prohibits discrimination against people with disabilities in specified areas of public life.
Ensures people are not treated less favourably on the grounds of age in specified areas of public life.
Prohibits discrimination on the basis of sex, gender identity, sexual orientation, intersex status, marital or relationship status and pregnancy and family responsibilities in specified areas of public life.