When the HSWA applies to volunteers — and when it doesn't
Whether the HSWA applies to volunteers depends on the organisation. A pure volunteer association — volunteers working together for a community purpose with no employees — is not a PCBU and has no HSWA duties (though it still has a common-law duty of care). If the organisation is a PCBU, it owes duties to its volunteers: volunteer workers are treated as workers and owed the primary duty of care, while casual volunteers are protected as other persons at a workplace.
A volunteer association is a group of volunteers working together for one or more community purposes where none of the volunteers, nor the association, employs anyone to carry out work. Volunteer associations are not PCBUs and do not owe duties under the HSWA — though they still have a common-law duty to take reasonable care of the people involved in their activities.
The moment an organisation employs at least one person, it is generally a PCBU and has HSWA duties, including to its volunteers. WorkSafe has a flowchart to help organisations work this out.
If the organisation is a PCBU, the type of volunteering decides the duty owed.
| Type | How they are treated |
|---|---|
| Volunteer workers | Volunteers the PCBU knows about or has consented to. Classed as workers and owed the primary duty of care, the same as paid workers. They also have the same worker duties to take reasonable care and follow reasonable instructions. |
| Casual volunteers | Classed as other persons at a workplace, like visitors and customers. The PCBU must ensure, so far as is reasonably practicable, that they are not put at risk. |
Reimbursing a volunteer's out-of-pocket expenses, such as petrol, does not make them an employee.
An officer of a PCBU who is a volunteer has the same due-diligence duty as any officer — to take reasonable steps to ensure the organisation meets its health and safety duties. But to avoid discouraging people from leading community organisations, a volunteer officer does not commit an offence if they fail to meet that duty. They can still be prosecuted as an other person at a workplace if they fail to take reasonable care of their own or others' safety. See officer due diligence.
Whether or not the HSWA applies, any organisation working with volunteers should manage risks well — safe equipment and vehicles, clear instructions, and a way for volunteers to raise concerns. Involving volunteers in health and safety is just good practice; see worker engagement & participation.
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It depends on the organisation. A volunteer association with no employees is not a PCBU and has no HSWA duties, though it still has a common-law duty of care. If the organisation is a PCBU, it owes duties to its volunteers.
A group of volunteers working together for one or more community purposes where none of the volunteers, nor the association, employs anyone to carry out work. Volunteer associations are not PCBUs under the HSWA.
Volunteer workers are volunteers the PCBU knows about or consents to, and are treated as workers owed the primary duty of care. Casual volunteers are treated as other persons at a workplace, like visitors.
Yes, but to avoid discouraging community leadership they do not commit an offence if they fail to meet it. They can still be prosecuted as an other person for failing to take reasonable care of their own or others' safety.
No. Reimbursing out-of-pocket expenses such as petrol does not make a volunteer an employee.
