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Volunteers

Volunteers perform a range of different activities in the community. This can include:

• undertaking voluntary work for a business as part of a work experience program
• undertaking voluntary work or activity for a not-for-profit association—for example, collecting donations for Surf Life Saving Queensland
• voluntarily serving as a director of a company
• voluntarily serving as an officer in an unincorporated association.

For the purposes of the Work Health and Safety Act 2011 (the Act), a person is a volunteer if they undertake work for an organisation without being paid a wage or salary.

They may, however, be reimbursed for any out of pocket expenses they incur directly while carrying out the volunteer work (e.g. reimbursement for direct outlays of cash for travel, meals and incidentals). Out of pocket expenses do not include loss of wages or salary while carrying out the volunteer work.

Any payment over and above direct expenses would mean that the person was not a volunteer for purposes of the Act.

Volunteers working for a person conducting a business or undertaking (PCBU) or for a not-for-profit association which is a PCBU.

Under the Act, volunteers are workers if they carry out work in any capacity for a PCBU, and so are afforded protection. The primary duty of a PCBU is to ensure, so far as is reasonably practicable, the health and safety of workers at work.

Volunteers working for a not-for-profit association that is a volunteer association

Where an activity is being undertaken for a not-for-profit association that is a volunteer association under the Act (such as coaching or refereeing junior sports matches on a Saturday morning), the volunteer is not considered to be performing work and is not considered a worker for purposes of the Act. For further information - see the Not-for-profit organisations (PDF, 109 kB) fact sheet.

Liability of volunteers

Volunteers are not considered to be PCBUs under the Act and therefore cannot be prosecuted for an offence under the Act.

Voluntary officers of corporations or unincorporated associations cannot be prosecuted for an offence under the officer duties in the Act. Volunteers can only be prosecuted if they fail to comply with one of the duties that apply to workers or other people at a workplace.