Duties of volunteer organisations under the WHS Act
If a volunteer organisation (or a volunteer on its behalf) engages at least one paid worker, this makes the organisation a person conducting a business or undertaking (PCBU) under the Work Health and Safety Act 2020 (WHS Act).
This means the volunteer organisation, as well as its workers and volunteers, have duties under the WHS Act.
If no paid workers are engaged for work-related tasks by a volunteer organisation or any of its volunteers, the volunteer organisation is not considered a PCBU. This means the WHS Act does not apply. Irrespective of whether the organisation is not considered a PCBU and not subject to the WHS Act, it is still good practice to comply with general WHS duties. This is because volunteers are owed a general duty of care by the people and organisations they support.
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 be considered a PCBU and have WHS duties.
If a state division or local group of the organisation operates independently from the national body and employs paid workers for organisational tasks, it will be classified as a PCBU and will have WHS duties.
Volunteer organisations that had a duty under the previous Occupational Safety and Health Act 1984 will find their duty under the WHS Act significantly different, but with more clarity on health and safety duties and accountability.
Who is considered to be a volunteer?
A volunteer is 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. If the volunteer organisation is a PCBU, volunteers are treated as ‘workers’ under the WHS Act and must be provided the same protections as the PCBU’s paid workers.
Activities covered by WHS
Only work activities are covered by the WHS Act. Activities that are purely domestic, social, recreational or private in nature are not included. Whether an activity is considered work may depend on specific circumstances.
For more information see the Work health and safety for volunteer organisations guide.
Volunteer organisations WHS duties
Volunteer organisations that are a PCBU must ensure, so far as is reasonably practicable, the physical and mental health and safety of all of its workers and volunteers, as well as to others such as visitors and the public.
Learn more on how to determine what is reasonably practicable to meet a health and safety duty.
Managing health and safety for workers and volunteers
The process of eliminating or minimising health and safety risks is called risk management and involves 4 steps.
Officer and duties
In general, an officer is a person who makes or participates in making decisions that affect the whole, or a substantial part, of the organisation’s activities.
Whether a person is considered an officer depends on their role and influence over a PCBU.
Members of boards and committees may be officers, depending on their role and influence.
An officer of a PCBU has duties known as due diligence obligations in the WHS Act. This means officers must ensure the organisation has appropriate systems of work in place and they must actively monitor and evaluate health and safety management within the organisation.
Learn more about Officer responsibilities.
If a volunteer at a PCBU is involved in decisions that significantly impact the organisation, they can be considered an officer with WHS responsibilities, particularly if they are a member of a board or a committee that oversees and guides the PCBU.
Officers who are not volunteers can be prosecuted for failing to comply with due diligence duties under the WHS Act. However, volunteers of a PCBU who are officers have immunity from being prosecuted for not complying with WHS officer duties.
See the Work health and safety for volunteer organisations guide for more information.
WHS duties of a volunteer
Volunteers of a PCBU have the same duties as workers to take reasonable care for their own mental and physical health and safety and ensure their acts or omissions do not affect the health and safety of others. This includes complying with reasonable instructions from the PCBU that relate to WHS, and cooperating with any reasonable policies or procedures regarding health and safety matters. There are limited offences that relate to breaching these worker duties. Volunteers do not commit an offence for breaching any other part of the WHS Act.
Who has duties if numerous volunteers attend an incident?
Each PCBU represented at the scene of an incident has a duty to ensure the health and safety of their workers and volunteers, so far as is reasonably practicable. Workers and volunteers must also ensure that their activities do not expose others to unnecessary risk.
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]
- WHS and volunteer organisations [YouTube video]
- Information about volunteer organisations available in other languages.
- Use this Checklist for volunteer organisations to assist your organisation in complying with WHS duties.