Queensland Law Society is advocating for better protections for volunteers, in a submission to the State Government’s inquiry into volunteering.
In a letter to the Local Government, Small Business and Customer Service Committee last month, the Society’s Not for Profit Law Committee highlighted areas of concern and suggested ways to strengthen laws for volunteer safety and protection.
It said Queensland lacked a clear legislative acknowledgement of the importance of volunteers and the need to protect them from legal liability.
“Instead, Queensland’s legal protections for volunteers remain fragmented and unclear, creating uncertainty for both volunteers and the organisations that rely on them,” the Society stated.
“The lack of clear acknowledgement of volunteer protection from legal liability may discourage individuals from volunteering.”
The inclusion of a preamble or principles statement in the Civil Liability Act 2003 (Qld), or the introduction of a standalone Volunteer Protection Act, as is the case in South Australia and Western Australia, could achieve this, QLS said.
It pointed out that in relation to volunteers generally, the Act did not explicitly state whether a community organisation assumed liability for a volunteer’s actions, creating uncertainty for organisations.
Further, the definition of “community work” lacked explicit coverage for several key areas including environmental conservation; heritage preservation; health-related or disability support volunteering; and volunteering in community centres, neighbourhood programs, community development and social enterprises.
The definition needed to be broadened to include these areas and a regulation-making power to allow for greater flexibility in recognising new and emerging forms of volunteering, it said.
The intermingling in the Act of the concepts of food donors and volunteers created confusion about the protections, if any, afforded to either.
There was also uncertainty as to the protection of volunteers in an unincorporated association, and in non-emergency government roles.
QLS recommended amending the Act to explicitly include unincorporated associations in the definition of “community organisations”.
“Alternatively, liability for volunteers in unincorporated associations could be transferred to the association as a whole, ensuring individuals are not unfairly exposed to legal consequences,” it said.
The Society pointed out that volunteers in volunteer-only organisations had no legal recourse for work health and safety matters under the Fair Work Act 2009 (Cth), and those who experienced sexual harassment must rely on state human rights and anti-discrimination laws to seek compensation.
QLS has recommended volunteers be represented on Industry Sector Standing Committees established under the Work Health and Safety Act 2011 (Qld).
“Given the significant role that volunteers play in Queensland’s workforce, volunteer perspectives should be formally recognised within workplace health and safety discussions,” it said.
“The Health and Community Services ISSC is the most appropriate committee to include a volunteer representative, as it aligns with the sectors where volunteers are most engaged, including aged care, disability services, community health, and social services.”
The committee is due to table its report on Friday, 18 September 2025.
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