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 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 1982Schedule 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 auxiliary workers, officers and volunteer members of the Country Fire Authority (Country Fire Authority Act 1956)
  • volunteer emergency workers (Emergency Management Act 1986)
  • volunteers assisting police officers (Police Assistance Compensation Act 1968)
  • volunteer school workers or volunteer student workers (Education Training and Reform Act 2006)
  • jurors (Juries Act 2000)
  • volunteers in prisons and offenders working or participating in a program under a Correctional Order (Sentencing Act 1991 or Corrections Act 1986), and
  • registered and casual emergency workers (Victorian State Emergency Service Act 2005, Emergency Management Act 1986).

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


Workers’ compensation coverage may extend to the following volunteers if WorkCover has entered into a contract of insurance with the responsible authority/person/charitable institution/not-for-profit organisation:

  • particular persons under the Disaster Management Act 2003
  • state emergency service volunteers
  • Marine Rescue Queensland volunteers
  • volunteer firefighter or volunteer fire warden
  • honorary ambulance officers
  • rural fire brigade members
  • person in voluntary or honorary position with religious, charitable or benevolent organisation
  • local government, statutory or industrial body member
  • person in voluntary or honorary position with non-profit organisation, and
  • persons performing community service or unpaid duties.

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:

  • Volunteers who assist in the running of the National Gallery of Australia and CSIRO — volunteer fellows
  • Volunteers who assist the CSIRO at the visitors Centre (Canberra Space Centre) at the Canberra Deep Space Communications Complex, Visitor Centres within the Australian Telescope National Facility, CSIRO Discovery Centre, Australian National Herbarium, Australian National Insect Collection, Australian National Fish Collection, Australian Tree Seed Centre, National Soil Archive1
  • Volunteers who assist in the running of the Australian War Memorial and Great Barrier Reef Marine Park Authority2
  • Volunteers who assist in the running of the National Science and Technology Centre (Questacon)3
  • Volunteers who assist in the running of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)4
  • Volunteers who assist in the running of the National Portrait Gallery5
  • Volunteers who assist in the running of the Old Parliament House6
  • Volunteers who assist in the running of the National Museum of Australia7
  • Volunteers who assist in the running of the National Library of Australia, volunteers who assist with the extinguishing or preventing the spread of a fire at the Defence Support Centre at Woomera, volunteers who take part in search and rescue activities or training carried out by the Department of Transport and Regional Services or the Civil Aviation Authority volunteers who render services to the Department of Veterans Affairs, volunteers who undertake a health survey in the ACT, certain volunteers who are members of a board or committee appointed by the Australian Public Service, Governor General or Minister.8
  • Volunteers who assist with the Australian National Maritime Museum9
  • Volunteers who assist in the Australian Federal Police Training exercises engaged under a written agreement10
  • Volunteers who assisted the Prime Minister and Cabinet’s G20 Taskforce with the running of the G20 Leaders’ Summit 201411
  • Volunteers in connection with Australian Film, Television and Radio School 
  • Volunteers in relation to search and rescue services and training exercises provided by Australian Maritime Safety Authority
  • Volunteers promoting the House of Representatives and the Parliament to the community
  • Volunteers providing firefighting, search and rescue and first aid services, attending environmental incidents and taking part in training exercises for the Snowy Mountains Hydro-electric Authority
  • Volunteers assisting the Department of the Environment and Heritage (excluding the Bureau of Meteorology) and the Director of National Parks
  • Volunteers assisting the National Capital Authority in fostering an awareness of Canberra as the National Capital
  • Volunteers assisting the Sydney Harbour Federation Trust

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:

  • ACT COVID-19 emergency volunteers identified by the ACT Chief Health Officer
  • Volunteers that take part in emergency management activities or training exercises, or performs acts in connection with the carrying out of emergency managements services under the control or direction of the Emergency Services Commissioner under the Emergencies Act 2004 (ACT) or Chief Officer of an emergency service under the Emergencies Act 2004 (ACT).12

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.
NZN/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