The Volunteers Protection Act, 2001 states [s3] that it seeks 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 in the following ways:
(a) by limiting the personal liability for negligence of a volunteer who works for a community organisation and transferring the liability that would otherwise attach to the volunteer to the community organisation;
(b) by limiting the right to bring proceedings against the volunteer personally and hence reducing the risk to a volunteer of incurring legal costs as a result of the voluntary work.
Under the Act, a volunteer carrying out community work for an incorporated community organisation will generally incur no personal civil liability for an act or omission done or made in good faith and without recklessness. See .
This is only the case if the community organisation directs or co-ordinates the carrying out of community work by volunteers.
Community organisations that have volunteer workers should check their public liability insurance policies, or write to their insurer, to see whether they are covered for loss or injury caused by the negligence of their volunteer workers.
A volunteer is someone who is not paid for the work that they do. Reasonable remuneration for expenses incurred by the volunteer on behalf of the organisation, or in the course of their work, would not normally be considered 'payment'.
A person who carries out community work under the order of a court or a condition of a bond is not regarded as working on a voluntary basis.