To run a successful football club it is imperative to have
volunteers help out with various roles and responsibilities. It is important
that you are aware of the volunteer protection legislation for your State or
Territory. By clicking on your state or territory below, you will be able to
learn more. (www.bus.qut.edu.au)
Australian
Capital Territory
The Civil
Law (Wrongs) Act 2002 provides protection for volunteers and "Good
Samaritans". The ACT is establishing a risk advisory service directed at
the community, non-profit, sporting and small business sectors. A number of
options are being considered for group buying.
Legislation:
http://www.legislation.act.gov.au/
New
South Wales
New South
Wales Parliament enacted the Civil Act 2002 on 20 March 2002.
Stage Two of
the NSW Tort Reform took form in the Civil Liability Amendment (Personal
Responsibility) Act 2002, which covers protection for volunteers under
"Good Samaritan" legislation.
New South
Wales has halved the stamp duty on insurance to 5% for premiums paid on or
after 4 June 2002 for contracts of insurance or renewals of contracts of
insurance that take effect on or after 1 August 2002. New South Wales has
provided funding to establish a group–buying and risk management facility for
not–for–profit bodies. Legislation: http://www.legislation.nsw.gov.au/.
Northern
Territory
The Personal
Injuries (Liabilities and Damages) Act includes exempting volunteers from being
sued when undertaking work for their volunteer organisation and protection for
"Good Samaritans".
The Northern
Territory also is facilitating participation of Northern Territory
not–for–profit community groups in the Queensland Group Insurance Scheme and
has amended the standard insurance requirements in Government contracts.
Legislation:
http://notes.nt.gov.au/dcm/legislat/legislat.nsf?OpenDatabase
Queensland
Stage one of
Queensland’s tort reform was embodied in the Queensland Personal Injuries
Proceedings Act 2002 and was followed by the Civil Liabilities Act 2003. The
latter Act includes a level of protection for volunteers from personal civil
liability.
Queensland
has announced a reduction in stamp duty on public liability insurance premiums
for not-for-profit organisations.
Queensland
has established a group insurance scheme for not-for-profit organisations. The
group insurance scheme commenced operations on 1 September 2002.
-Queensland
Legislation
The Personal Injuries Proceedings Act 2002
The Civil Liability Act 2003
Legislation:
http://www.legislation.qld.gov.au
-Queensland
Government Insurance Crisis for Community Organisations website
Queensland Government Insurance Task Group Report
Queensland Government Community Organisations Group Insurance
Scheme
See: http://www.treasury.qld.gov.au/subsites/groupinsurance/need_ins_now.htm
-Queensland
Government Risk Management website
Assists in basic risk management with an interactive tutorial
See: http://www.qld.gov.au/ngo/management/risk.html
-Sport and
Recreation – Queensland Government
Links to sports insurance reports
Links to sports insurance management
See: http://www.srq.qld.gov.au/
-Queensland
Government Public Liability Insurance Stamp Duty Concession for Community
Organisations
Fact sheet on insurance stamp duty waiver
(PDF 54kb)
Application form for waiver of stamp duty
(PDF 92 kb)
See: http://www.osr.qld.gov.au/taxes/duties/types/index.shtml
The
Queensland Government Department of Emergency Services has released its
"Review of the State Counter-Disaster Organisation Act 1975 – Discussion
Paper". A significant part of the paper deals with volunteer liability
issues, see sections 2.4 and 2.5. See: http://www.emergency.qld.gov.au
South
Australia
The Wrongs
(Liability and Damages for Personal Injury) Amendment Act (which received
assent on 12 September 2002 includes the protection of "Good
Samaritans". The Volunteer Protection Act 2001 seeks to protect volunteers
of government and incorporated bodies from liability for claims. The related
Good Samaritans (Limitation of Liability) Act 2002 protects those who come to
the aid of a victim in an emergency.
South
Australia has conducted risk awareness raising and advisory sessions for
volunteer and community groups.
Legislation:
http://www.legislation.sa.gov.au/index.aspx
CPNS website
information sheet (PDF, )on SA Volunteer
Protection
Tasmania
In an April
2003, a press release from the Treasurer and Minister for Employment indicated
that legislation to protect volunteers from being sued would be introduced in
the 2003 budget session of Parliament.
The Civil
Liability Amendment Act 2003 has been enacted and is available for viewing on
the Tasmanian legislation website.
Victoria
The
Victorian Parliament passed the Wrongs and Other Acts (Public Liability
Insurance Reform) Act 2002 which received assent on 22 October 2002 and
includes protection of volunteers, "Good Samaritans" and donators of
free food.
Victoria has
acted on a sector–by–sector basis to assist groups most severely disadvantaged
by the lack of availability and increased prices of insurance. Action includes:
the creation of a group insurance scheme for community organisations
providing a grant of $330,000 to the Municipal Association of Victoria (MAV) for the
development of risk mitigation activities that are linked to the community
group insurance scheme.
Legislation:
http://www.dms.dpc.vic.gov.au/
Western
Australia
Western
Australia passed the Civil Liability Act 2002. The Insurance Commission of WA
Amendment Act 2002 enables the government’s insurance arm to provide insurance
cover to eligible not–for–profit and community organisations who are unable to
find relevant, affordable or any cover at all. More details at: https://icwa.wa.gov.au/cif/cif_index.shtml
The
Volunteer (Protection from Liability) Act 2002, provides many volunteers with
qualified immunity from personal liability when doing community work. The
legislation is not available on the web, but information about the Act is
available on the Department of Sport and Recreation website. Legislation: http://www.dsr.wa.gov.au/scripts/nc.dll?DSR.65666:STANDARD::pc=PC_60070