Who is a volunteer?
Under the Work Health and Safety Act 2020 (WHS Act) a volunteer is described as a person who works for an organisation without payment or financial reward, but who may receive out of pocket expenses, such as travel or meal reimbursements.
Under the WHS Act, a volunteer organisation is defined as a group of volunteers working together for one or more community purposes, registered or unregistered, that does not employ anyone to carry out work for the association.
Only work activities are covered by the WHS Act with activities that are purely domestic, social, recreational or private in nature excluded.
Learn more on how the WHS Act applies to volunteers.
Duties of volunteers and volunteer organisations
If a volunteer organisation or a volunteer on its behalf engages at least one paid employee, under the WHS Act this classifies the organisation a person conducting a business or undertaking (PCBU) which means the volunteer organisation, its workers and volunteers have duties under the WHS Act. 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 also be considered a PCBU and therefore also have WHS duties.
As a PCBU, volunteer organisations must ensure, so far as is reasonably practicable, the physical and mental safety of all its workers and volunteers, including visitors and members of the general public.
If no paid workers are engaged for work-related tasks by the volunteer organisation or any of its volunteers, the volunteer organisation is not defined as a PCBU and the WHS Act does not apply. However, as common law stipulates that volunteer organisations owe a general duty of care to its volunteers, it is good practice for such organisations to comply with general WHS duties for its voluntary staff.
Volunteers of a PCBU have duties as workers to take reasonable care for their own mental and physical health and safety, and to ensure their actions or omissions do not affect the health and safety of others. Volunteers and workers must comply with reasonable instructions from the PCBU that relate to WHS and cooperate with any reasonable policies or procedures regarding health and safety matters.
There are limited offences for breaching these worker duties and volunteers cannot be prosecuted except in relation to their worker’s duty.
Use this checklist for volunteer organisations to assist your organisation in complying with WHS duties.
Information about volunteer organisations is also available in other languages.
Learn more about Volunteer organisations, including duties of under the WHS Act.
Resources and guidance
- Guide to Work Health and Safety for volunteer organisations
This guide provides information on how the WHS Act applies to organisations that engage volunteers. - Guide to WHS resources – volunteer organisations [YouTube video] [Transcript]
- WHS and volunteer organisations [YouTube video] [Transcript]
- Checklist for volunteer organisations