Volunteers
Engaging volunteers: challenges & opportunities. Volunteers differ from employees in rights & obligations. Screening, safety, and liability considerations. Fair ending policies.
Engaging volunteers comes with its own unique opportunities and challenges. It differs from hiring employees in substantial ways, both legally and practically. Since volunteers engage in a vast range of different activities, various questions may arise. What are my obligations to my volunteers? Can I give a volunteer a gift of money as a token of appreciation? Am I liable for the actions of a volunteer driving kids on a day trip?
What is a volunteer?
A volunteer is someone who works for the benefit of others without financial gain. A volunteer relationship is therefore not legally enforceable since there is no exchange of obligations: work for payment. Therefore, it differs from that of an employee or independent contractor relationship in both its rights and obligations. A volunteer is not contractually bound to perform work, however, unlike an independent contractor, a volunteer does not have the autonomy to decide when and how they do their work. Unlike an employee, a volunteer is not entitled to receive statutory benefits such as paid leave, superannuation and fair dismissal.
This relationship is legally determined by its nature, not by what it is called by the parties. Thus, only a certain level of payment is acceptable before the law may deem the relationship to be an employment or an independent contractor. Benefits such as reimbursement of reasonable expenses or a small gift or token of appreciation can be provided, however, some payments may be deemed to be a wage and point to an employment relationship. These include payments calculated by hours worked, an allowance paid on a regular basis that far exceeds expenses, or a lump sum paid in exchange for services.
New volunteers: screening and induction
When recruiting volunteers, it is crucial for certain screening standards to be applied. Depending on the nature of the position, organisations may be required to apply a Working With Children Check, as well as police checks and assess relevant qualifications. A quick Google and Facebook search may also be useful. While screening is necessary, it is important not to discriminate against individuals in the process. The law protects individuals from discrimination based on attributes such as sex, age, marital status and irrelevant criminal record.
It is important to clearly define the role and position of each volunteer. Volunteers should receive a copy of the organisations policies, and where relevant, sign a volunteer agreement and consent and release from. Note that such an agreement per se does not change the volunteering nature of the relationship as described above.
Safety and liability
Although volunteers do not have many of the rights of employees, the health and safety, sexual harassment, bullying and discrimination laws apply to volunteers. Moreover, in most circumstances’ volunteers will be protected from civil liability for anything done in relation to their volunteering work and the organisation may be held liable.
Engaging youth volunteers comes with several responsibilities. Note that stricter rules apply in Victoria since many of the Victorian child employment laws apply to volunteers as well. Regardless of the state you operate in, it is important to have clear guidelines regarding the appropriate working conditions of young volunteers. These responsibilities and guidelines include:
- Normal working hours
- Work does not disrupt attendance at school
- Work is physically and emotionally appropriate for age
- Written consent from parent or guardian
- Appropriate duration of shifts and rest breaks
- Proper adult supervision
- Mandatory sexual abuse reporting
Note that the laws vary by State and circumstance. Get in touch with us to discuss your responsibilities in this area.
Ending the relationship
Volunteers are not protected under unfair dismissal laws, nor are organisation required to keep records after the relationship ends. Nevertheless, to avoid any reputational damage to the organisation, it is important to have fair and transparent processes and policies for finalising volunteer relationships.
You may also be interested in
Client Testimonials
EXCELLENT Based on 36 reviews Posted on Ethan Dehghan2025-09-14Trustindex verifies that the original source of the review is Google. I had an excellent experience with Sajad Alobaidi when buying my house. He explained the contract clearly, was always responsive, and made the whole process smooth and stress-free. Highly recommend Warlows Legal and Sajad for property purchases! ⭐⭐⭐⭐⭐Posted on Zahra Ahmadi2025-09-10Trustindex verifies that the original source of the review is Google. One of the best lawyers and his team they are very supportive and very helpful and when it comes to doing the job they do it 100% without any delays Thank you so much to Sam and Sajad for everythingPosted on Arie Kliger2025-03-12Trustindex verifies that the original source of the review is Google. Thanks to Roni Margolin for very professional legal services. Roni performed at high standard representing me in negotiations and court proceedings. She exhibited knowledge, experience and commitment. She kept me informed and discussed matters with me regularly. Warlow Legal have provided me with professional services and I highly recommend them.Posted on Hus Melbourne Best2025-02-17Trustindex verifies that the original source of the review is Google. Dealing with the team is easy and response is quick and efficient. They are reasonable with prices and seems very reasonable to the clients. Have a building matter as a Builder and they helping very smartly. Great full to Harriet for taking matter with interest and helping with care. F HussainPosted on Avi Bendetsky2024-12-09Trustindex verifies that the original source of the review is Google. Great firm highly recommend them!!Posted on Rivky Cyrulnik2024-11-22Trustindex verifies that the original source of the review is Google. Thanks Harriet for your help and advice with our build. I am so happy I listened to you. It was a difficult dilemma but well worth following the advice in the long run. Spot on advice. Also thanks to Yoni for his help with our contract. Warlows has great experience with building law and contracts Thank you!Posted on Miriam Pacanowski2024-09-09Trustindex verifies that the original source of the review is Google. Harriet and her team really cared about our charity and helped us through the many steps required to enable us to achieve DGR status. They were professional and responsive and achieved a fantastic outcome.Posted on Lazer Toggos2024-03-07Trustindex verifies that the original source of the review is Google. Harriett and Caroline were very professional and listened very carefully They showed understanding and compassion I could not rate them higher Their work was excellent and went the extra mile Would highly recommendPosted on Schneier Lange2023-11-02Trustindex verifies that the original source of the review is Google. Harriet and her team are very professional and personable and easy to deal with. They go the extra mile to get the job done and showed great care for a positive result. Recommend to anyone wanting a good experience.Posted on Yossi Friedman2023-09-26Trustindex verifies that the original source of the review is Google. Harriet and her team have been so generous in their advice and support of my new venture and I am so grateful for all their assistance
Please call us to arrange an initial consultation
Our expertise in our respective fields is widely acknowledged. Drawing upon our practical experience, we consistently produce the positive and reliable results our clients expect. We would love to stay connected with you and keep you up to date with all relevant legal issues and expertise.
Subscribe to our email updates by entering your email below, or simply message or call us on +61 3 9212 0238