Legislation protects volunteers from personal liability

1/1/03
State Government legislation protecting Western Australian volunteers against personal liability claims will be proclaimed today.
Community Development Minister Sheila McHale said the legislation ensured WA's estimated 428,000 volunteers were not deterred from providing their time, energy and skills to benefit the wider community.
"The legislation provides our valued volunteers with qualified immunity from personal liability for an act or omission, but at the same time does not limit the ability of an injured person to seek compensation," Ms McHale said.
The Volunteers (Protection from Liability) Act 2002 is designed to provide personal liability claim protection to volunteers working for incorporated community organisations, State agencies, local government authorities and other corporate bodies.
Volunteers will not be protected if they act outside the scope of the organisation's community work.
"It is important for community organisations to ensure they have sound risk management strategies in place and their volunteers understand the nature and limitations of the work they undertake," Ms McHale said.
"It is also important for organisations to understand they cannot transfer liability back to the volunteer through agreements that indemnify the organisation."
Volunteers not tied to an organisation or who work for an unincorporated group or Commonwealth agency are not covered under the Act.
Ms McHale urged volunteers and community organisations to make sure they were informed about the new provisions.
The Volunteer (Protection from Liability) Act 2002 is a vital part of the Gallop Government's five-point action plan tackling the rising cost of public liability insurance.
For more details about the Act, visit the volunteering secretariat website at
http://www.volunteering.communitydevelopment.wa.gov.au
Minister's Office - 9213 6900