If a volunteer organisation (or a volunteer on its behalf) engages at least one paid employee, this makes the organisation a person conducting a business or undertaking (PCBU) under the Work Health and Safety Act 2020 (WHS Act). This means the volunteer organisation, its worker(s) and volunteers have duties under the WHS Act.
If no paid workers are engaged for work-related tasks by the volunteer organisation or any of its volunteers, the volunteer organisation is not a PCBU. This means the WHS Act does not apply. However, as volunteers are owed a general duty of care by the people and the organisations they support it is good practice to comply with general WHS duties anyway.
If a state division or local group of the organisation is separate to the national body and engages paid workers to perform work for the organisation, it will be considered a PCBU and have WHS duties.
Volunteer organisations that had a duty under the Occupational Safety and Health Act 1984 will find their duty under the WHS Act is not significantly different, with the WHS Act providing clarity over health and safety duties and accountability.
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