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Volunteers play a pivotal role in the functioning of not-for-profit (NFP) sporting organisations across Australia. Whether they are coaches, event organisers, or committee members, their contribution is crucial to the sustainability of grassroots sports.

However, alongside their generous contributions come questions of liability and legal protections. Understanding the legal landscape for volunteers in NFP sporting organisations is essential for both the organisations and the individuals who dedicate their time and effort.

Legal Framework Governing Volunteer Liability

In Australia, volunteers are generally afforded certain legal protections under both federal and state laws. These protections aim to shield volunteers from personal liability arising from acts or omissions carried out in the course of their volunteer work, provided certain conditions are met.

The most prominent legislation offering such protection is the Civil Liability Act 2002, which has been enacted in various forms across different states and territories.

The protection, however, is not absolute, and there are important legal principles and exceptions to be aware of. Let’s explore how volunteer protections work and the responsibilities that accompany them.

Protections for Volunteers Under the Civil Liability Act

The Civil Liability Act offers volunteers immunity from personal liability for acts or omissions carried out while performing their volunteer duties, as long as the following conditions are met:

1. Acting in Good Faith:

The volunteer must be acting in good faith and within the scope of their volunteering duties. This means that they should not act recklessly or maliciously. For example, a volunteer referee who makes a poor decision during a game is protected, provided they acted in good faith and did not intentionally cause harm.

2. Within the Scope of the Role:

The volunteer must act within the scope of the role or authority assigned to them by the NFP sporting organisation. If a volunteer exceeds their authority or performs tasks they are not qualified for, they may lose the legal protection.

For instance, a volunteer coach who administers medical treatment beyond basic first aid may not be protected, as this would typically exceed their role.

3. Organisation’s Duty of Care:

The NFP sporting organisation is ultimately responsible for ensuring a safe environment for both volunteers and participants. The organisation has a duty of care to provide appropriate training, equipment, and risk management protocols.

If a volunteer is injured or causes injury due to the organisation’s failure to meet this duty, the organisation could be held liable, rather than the volunteer.

4. Exclusion of Gross Negligence and Criminal Acts:

Volunteers are not protected if their actions amount to gross negligence or involve criminal behaviour. Gross negligence refers to a severe deviation from the standard of care that could be expected in the circumstances. Criminal acts are never protected, so a volunteer involved in theft or other illegal activities could face both civil and criminal liability.

Volunteer Protection in Sporting Organisations

Sporting organisations, in particular, must ensure that their volunteers understand the scope of their responsibilities and the legal protections available to them. Here are key areas where liability issues might arise and how they are addressed under Australian law:

1. Coaching and Supervision of Minors:

Many NFP sporting organisations work with children and youth. Volunteers, such as coaches or team managers, may face liability concerns regarding child safety and welfare.

Organisations must have policies in place to ensure compliance with child protection laws, such as mandatory Working with Children Checks (WWCC). Volunteers are protected when acting in good faith, but any breach of child safety regulations could expose both the volunteer and the organisation to legal consequences.

2. Injuries on the Field:

Accidents and injuries are inherent to sports. A volunteer umpire or referee is protected from liability if a player gets injured during a game, provided they were performing their duties in accordance with the rules of the game and within their role.

The organisation should ensure that adequate insurance is in place to cover injuries sustained during matches, protecting both the participants and the volunteers.

3. Event Management:

Volunteers involved in organising sporting events may worry about liability for incidents such as equipment failure, property damage, or injury to spectators. Again, volunteers are protected if they acted within the scope of their role. However, NFP sporting organisations must carry public liability insurance to cover such risks, reducing the potential exposure for volunteers.

4. Discrimination and Harassment:

Volunteers may also be involved in handling sensitive issues like complaints of discrimination or harassment within a sporting team. They must follow the organisation’s guidelines and procedures when addressing such matters.

The Sex Discrimination Act 1984 and other anti-discrimination laws may come into play, and volunteers should ensure they comply with these laws to retain their legal protections.

Responsibilities of Volunteers in NFP Sporting Organisations

While volunteers are offered substantial protections under Australian law, they also have responsibilities to ensure they remain within the legal framework. These include:

  • Understanding the Scope of Their Role: Volunteers must be clear about what is expected of them and ensure they stay within the boundaries of their role. If uncertain, they should seek clarification from the organisation.

  • Adhering to Policies and Procedures: Most NFP sporting organisations will have policies on safety, behaviour, and child protection. Volunteers must follow these policies to avoid falling outside the scope of their protections.

  • Maintaining Good Faith: As long as volunteers act with good intentions and within their role, they are protected. However, if their actions are reckless, malicious, or grossly negligent, they may lose this protection.

  • Undertaking Necessary Training: Organisations should provide training for volunteers on their legal obligations and responsibilities. Volunteers have a duty to undertake this training to be aware of potential legal risks.

Insurance for Volunteers

To further protect volunteers, most NFP sporting organisations take out volunteer insurance. This type of insurance covers volunteers for personal injury, illness, or property damage that occurs while they are performing their duties.

It may also cover volunteers for legal expenses if they are sued in relation to their volunteer work, although this is rare due to the protections offered under the Civil Liability Act.

Conclusion

Volunteers in NFP sporting organisations enjoy significant legal protections under Australian law, provided they act in good faith and within the scope of their role.

While the Civil Liability Act offers a robust shield against personal liability, it is crucial for both volunteers and organisations to be aware of the exceptions and ensure they have appropriate policies, procedures, and insurance in place.

By understanding the legal framework, NFP sporting organisations can better support their volunteers, and volunteers can serve with confidence, knowing they are protected under the law.

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