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Volunteers - when is a person liable for damages? |
Civil Liability Legislation has gone a long way to protect volunteers from the dangers of personal liability, but some uncertainties remain. |
A recent case confirmed the potential legal liability of volunteers. |
A volunteer who was injured on a working bee organised by the president of an unincorporated club sued the club president. |
The court confirmed that one volunteer can owe a duty of care to another and that the president owed a duty of care, not because he was a member of the club or a member of its committee, but because he organised the working bee. |
However, the court found there was no breach of duty, because there was no evidence of what the president should have done to prevent the injury. |
The law does not assist a volunteer where a club or association is unincorporated. It also makes a volunteer immune from personal civil liability for any act or omission made by them in good faith when doing community work organised by a 'community organisation'. This is not confined to personal injury cases, and applies to civil liability of any kind other than defamation. |
Good Samaritans are also protected by the law - those who, in good faith and without expectation of reward, come to the assistance of someone who is apparently injured or at risk of being injured. |
Community organisations include bodies corporate, church or other religious organisations or a state authority which organises volunteers to do community work. People wishing to become involved in community work would be well advised to make sure they come under the umbrella of one of these entities, or that the organisation is legally incorporated. |
Immunity does not apply where insurance is legally required, such as when a volunteer drives a car, or if a volunteer is drunk, or criminal acts are involved. A volunteer is also liable if acting outside the scope of the activities authorised by the community organisation concerned, or contrary to its instructions. |
Negligence very often involves people acting outside the instructions given by a community organisation. For example, a junior cricket club might instruct umpires to make sure that all batsmen are wearing helmets. By allowing a player to bat without a helmet, the umpire is acting outside the instructions given and arguably does not have immunity. |
