VOLUNTEERS PROTECTION BILL 2002

Northern Territory Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

VOLUNTEERS PROTECTION BILL 2002

Mr Burke

A BILL
for
AN ACT

to protect volunteers in the community from personal liability and for other purposes

NORTHERN TERRITORY OF AUSTRALIA

volunteers protection ACT 2002

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No. of 2002
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TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Object

4. Act binds Crown

5. Interpretation

6. Volunteers not personally liable

7. Community organisations liable for acts of volunteers

8. Volunteers cannot be sued except in limited circumstances

9. Regulations

NORTHERN TERRITORY OF AUSTRALIA
____________________

No. of 2002
____________________

AN ACT

to protect volunteers in the community from personal liability and for other purposes

[Assented to 2002]
[Second reading 2002]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title
This Act may be cited as the Volunteers Protection Act 2002.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Object
The object of this Act is to achieve a reasonable and expedient balance between the need to protect volunteers against personal liability and the interests of those who suffer injury, loss or damage by –

(a) limiting the personal liability for negligence of volunteers who work for community organisations and transferring the liability that, but for this Act, would attach to volunteers to the relevant community organisations; and
(b) limiting the right to bring proceedings against volunteers personally and, as a consequence, reducing the risk to volunteers of incurring legal costs as a result of working for community organisations.
4. Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

5. Interpretation
(1) In this Act, unless the contrary intention appears –

"community organisation" means a body corporate that directs or

co-ordinates the carrying out of community work by volunteers;

"community work" means –

(a) work for one or more of the following purposes:

(i) a religious, educational, charitable or benevolent purpose;

(ii) promoting or encouraging literature, science or the arts;

(iii) looking after, or providing medical treatment or attention for, people who need care because of a physical or mental disability or condition;

(iv) sport, recreation or amusement;

(v) conserving resources or protecting the natural environment from harm;

(vi) preserving historical or cultural heritage;

(vii) a political purpose;

(viii) protecting or promoting the common interests of the community generally or of a section of the community; or

(b) work prescribed by regulation to be community work for the purposes of this Act,

but does not include work prescribed by regulation not to be community work for the purposes of this Act;

"recreational drug", in relation to a person, means a drug taken by the person voluntarily for non-medicinal purposes and includes alcohol;

"volunteer" means a person who carries out community work for which the person receives –

(a) no remuneration; or

(b) remuneration of a kind, or under a maximum value, prescribed by regulation,

but does not include a person who carries out community work under the order of a court or as a condition of a bond.

(2) For the purposes of this Act, a reference to an act done includes a reference to an omission made.
6. Volunteers not personally liable
(1) Subject to this section, a volunteer is not personally liable for an act done by the volunteer in good faith and without recklessness in the course of carrying out community work on behalf of a community organisation.
(2) Subsection (1) does not apply in relation to an act done by a volunteer that gives rise to –
(a) a liability to which a scheme of compulsory third-party motor vehicle insurance applies; or
(b) a liability for defamation.
(3) Subsection (1) does not apply in relation to an act done by a volunteer if, at the relevant time, the volunteer's ability to carry out the community work was significantly impaired by a recreational drug taken by the volunteer.
(4) Subsection (1) does not apply in relation to an act done by a volunteer if the volunteer was acting, and knew or ought to have known that he or she was acting –
(a) outside the scope of the activities authorised by the community organisation; or
(b) contrary to instructions given by the community organisation.
7. Community organisations liable for acts of volunteers
Subject to this section, a community organisation is liable for an act done by a volunteer in the course of community work carried out by the volunteer on behalf of the community organisation if, but for section 6, the volunteer would have been personally liable for the act.

8. Volunteers cannot be sued except in limited circumstances
A person who suffers injury, loss or damage as a result of an act done by a volunteer in the course of community work carried out by the volunteer on behalf of a community organisation cannot bring an action against the volunteer in respect of the injury, loss or damage unless –

(a) the immunity conferred on the volunteer by section 6 does not apply in relation to the act done; or
(b) the person brings an action against the community organisation in respect of the injury, loss or damage and the community organisation files a defence to the action disputing the community organisation's liability for the act done.
9. Regulations
The Administrator may make regulations, not inconsistent with this Act, prescribing matters –

(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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