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NEWS > AUTUMN 2003
New protection for volunteers and good samaritans
The national outpouring of grief shared in the aftermath of the Bali bombing tragedy has highlighted a new sense of national pride and conscience in all Australians. Recent Victorian legislation builds on this community spirit by offering protection and immunity from liability for the many volunteers and good samaritans helping others in our community.
The Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, which came into operation on 22 October 2002, amends several Acts as part of the state government's detailed investigation into the areas of public liability, negligence claims and the insurance industry generally. In the context of volunteers, good samaritans and food donors, new sections have been inserted into the Wrongs Act 1958 giving people who act for the benefit of others protection from claims being made against them should their efforts result in injuries to others.
A good samaritan is defined in the Act as an individual who provides assistance, advice or care to another person in relation to an emergency or accident in circumstances in which:
- he or she expects no money or other financial reward for providing the assistance; and
- as a result of the emergency or accident, the person assisted is injured or at risk of death or injury.
Inserting a new Part VIA into the Wrongs Act 1958, the Act protects good samaritans from civil liability for anything done or not done by them in good faith in providing assistance, advice or care at the scene of an emergency or accident.
Similarly, the Act provides protection for volunteers (new Part IX of the Wrongs Act) and food donors (new Part VIB of the Wrongs Act). A volunteer is defined as "...an individual who provides a service in relation to community work on a voluntary basis" and includes religious, educational and charitable purposes, as well as promotion of the arts, sport, recreation and tourism, environmental causes and running community or cultural centres. Volunteers can also include people who receive remuneration (in the form of out of pocket expenses or for those who undertake voluntary service in conjunction with paid work).
The Act does not include volunteer officers or members under the Country Fire Authority Act 1958, Emergency Management Act 1986 or any other volunteer covered under another Act which absolves him from civil liability. A person undertaking community work under an order imposed by a court is another notable exception under the Act.
The new provisions do not apply to volunteers who act outside the scope of the community work supposed to be engaged in or those who act contrary to the instructions of the community organisation they represent. Similarly, the use of drugs or alcohol leading to the impairment of a volunteer is also excluded from the protection offered.
People and businesses that donate food are also afforded protection under the Act. The Act protects donors from liability for civil claims for any injury resulting from the consumption of donated food providing the food was safe to consume when it left the possession or control of the donor and instructions regarding its handling were passed on to the person or organisation distributing the food.
All those who support or are involved in benevolent work throughout the community welcome these legal developments. Supporting voluntary organisations and charitable works through this legislative reform ensures that this important sector of our community can continue its valuable role.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Eleanor Coates or Brendan Kelly of our office. | 
