| Workers’ compensation coverage for volunteers | |
|---|---|
NSW | A person who voluntarily and without obligation engages in any ambulance work with the consent of or under the authority and supervision of or in cooperation with the Health Administration Corporation constituted by the Health Administration Act 1982, Schedule 1, Workplace Injury Management and Workers Compensation Act 1998 A person who voluntarily and without obligation engages in fighting a bush fire in any fire district constituted under the Fire Brigades Act 1989 or is undergoing training for the purposes of fighting bush fires in those circumstances — Schedule 1, 1998 Act. A person who meets the definition of volunteer contained under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 i.e. Rural Fire Service, State Emergency Service, Surf Life Saving, Volunteer Rescue Association and Marine Rescue Service. |
Vic | Under certain Acts, volunteers assisting Government Agencies are entitled to compensation in accordance with the Workplace Injury Rehabilitation and Compensation Act 2013 if injured while carrying out specified duties. Volunteers covered include:
Volunteer firefighters are also able to access presumptive compensation for specified cancers contracted as a firefighter under the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 |
Qld |
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WA | No provision under the Workers Compensation and Injury Management Act 2023. Some volunteers are covered for personal injury under private insurance arrangements. |
SA | Schedule 1 of the Return to Work 2014 establishes the Crown as the presumptive employer of volunteers as prescribed by the regulations and members of the SA Country Fire Service. Regulation 69 prescribes South Australian State Emergency Services, marine rescue members and volunteer fire-fighters as a class of person covered by the Act. |
Tas | Volunteers performing police operations s6A, performing fire-fighting operations and fire prevention operations s5, providing ambulance services s6, or performing work of a prescribed class which is of benefit to the State s6B (none currently prescribed for the purpose of this section), Workers Rehabilitation and Compensation Act 1988. Volunteer emergency management workers participating in emergency management or rescue and retrieval operations as defined under the Emergency Management Act 2006 S56(2) |
ACT | s18 – commercial voluntary workers (e.g. volunteer marshals at an event run by a corporation incorporated under the Corporations Act 2001 (Cth)). s19 – public interest voluntary workers. |
NT | Emergency service volunteers - s3(7) Volunteer fire fighters - s3(8) and s3(8A) St John Ambulance volunteers - reg 3A(1)(a) |
Comcare | In accordance with ss 5(6) of the Safety, Rehabilitation and Compensation Act 1988 the Minister may declare certain volunteers as employees, such as the following:
In addition, on written request by the ACT Chief Minister, the Minister may declare certain volunteers to be taken to be employees of the Australian Capital Territory covered by the Comcare Scheme– ss5(15) such as:
Others as declared from time to time by the Safety Rehabilitation and Compensation Act 1988. |
Seacare | N/A |
DVA | Certain volunteers can be covered by the MRCA (s8) or DRCA (s5) if they are the subject of a Ministerial declaration under the DRCA or MRCA which states that they are to be taken to be members of the Defence Force. This generally only occurs where the volunteers operated under the control and direction of the Australian Defence Force as if they were members of the Australian Defence Force. |
| NZ | N/A |
1 Safety, Rehabilitation and Compensation (Definition of Employee – CSIRO Volunteers) Notice 2014
2 Safety, Rehabilitation and Compensation (Specified Persons and Acts) Declaration 2019
3 Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (1)
4 Safety, Rehabilitation and Compensation (Definition of Employee – AIATSIS Volunteers) Notice 2014
5 Safety, Rehabilitation and Compensation (Definition of Employee – National Portrait Gallery of Australia Volunteers) Notice 2015
6 Safety, Rehabilitation and Compensation Act 1988 – Notice of Declaration under subsection 5(6) (Notice No. 8 of 1997)
7 Safety, Rehabilitation and Compensation Act 1988 – Notice of Declaration under subsection 5(6) (Notice No. V1 of 1995)
8 Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2007 (2)
9 Safety, Rehabilitation and Compensation Act 1988 – Notice of Declaration under subsection 5(6) (Notice No. 1 of 1993)
10 Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2006 (3)
11 Safety, Rehabilitation and Compensation (Definition of Employee -G20 Volunteers) Notice 2014
12 Safety, Rehabilitation and Compensation (Definition of ACT Employee – Emergency Management Volunteers) Declaration 2016