Volunteers and the Law Riverland Community Legal Service Inc.
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Transcript of Volunteers and the Law Riverland Community Legal Service Inc.
Volunteers and the Law
Riverland Community Legal Service Inc
Overview
1. Liability of volunteers
2. Obligations relating to privacy
Liability of volunteers - issues
Negligence Personal injury Property damage Economic loss
Volunteers Protection Act 2001
Preamble goals: To recognise “major contribution” of
volunteers to South Australian community To “foster and encourage” volunteering in
the community To recognise disincentives to volunteering
arising from the risk of “serious personal liability for damages” and costs arising from litigation
Volunteers Protection Act 2001
Preamble goals (cont): To achieve a “reasonable and expedient
balance” between protection of volunteers and interests of those who suffer injury
Volunteers Protection Act 2001
General effect: Volunteers protected from liability Liability attaches to organisation
Volunteers Protection Act 2001
Who is a volunteer? A person who carries out “community
work” on a “voluntary basis”
Volunteers Protection Act 2001
“Community work” means work; for a religious, educational, charitable or benevolent
purpose; for promoting or encouraging literature, science or the
arts; for looking after, or providing medical treatment or
attention for, people who need care because of a physical or mental disability or condition;
for sport, recreation or amusement; for conserving resources or protecting the natural
environment from harm; for preserving historical or cultural heritage; for a political purpose; for protecting or promoting the common interests of the
community generally or a particular section of the community
Volunteers Protection Act 2001
Community work must be done for a “community organisation”, meaning an organisation that; Is incorporated; and Co-ordinates the carrying out of community
work by volunteers
Volunteers Protection Act 2001
“Voluntary basis” is limited to work done without pay or other reward, except; Where a person is only reimbursed for their
expenses; or Where a person receives a monetary gift
as a recognition of their work (cannot be a regular payment or entitlement)
Excludes work done under court order
Volunteers Protection Act 2001
Conduct is only covered if it is done; In good faith; and Without recklessness
Volunteers Protection Act 2001
Other exceptions Liability that can be covered by compulsory
third-party motor vehicle insurance Liability for defamation Where volunteer is significantly impaired
by use of recreational drug
Volunteers Protection Act 2001
Other exceptions (cont) Where volunteer acts outside scope of
activities authorised by the organisation Where volunteer is acting contrary to
instructions of organisation In both of above cases the volunteer
must know (or ought to have known) that they are acting in such a way
In summary
Liability incurred by a volunteer; for work that is done in good faith and
without recklessness; and is of a nature that is not otherwise
excluded
will instead be incurred by the organisation
Privacy Act 1988
Introduces National Privacy Principles Binding on most private sector
organisations (including community organisations)
Binding on employees and volunteers of those organisations
National Privacy Principles
Principles govern: Collection of personal information Use and disclosure of personal information Accuracy and maintenance of personal
information collected
National Privacy Principles
What is personal information? Privacy Act 1988: “information or an
opinion … whether true or not, … about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.”
National Privacy Principles
Collection of personal information: Must not collect personal information
unless that information is necessary for the organisation’s functions or activities
Must collect information only by lawful and fair means and not in an unreasonably intrusive way
National Privacy Principles
Collection of personal information (cont): Must make person aware of policies
relating to personal information and who it may be disclosed to
Must (if reasonable to do so) only collect personal information about an individual from that person
National Privacy Principles
Use and disclosure of personal information: Must not (without consent) use personal
information for a purpose other than what it was collected for
National Privacy Principles
Use and disclosure (cont): May disclose information if necessary to
prevent serious and imminent threat to a person’s life, health or safety; or
A serious threat to public health or safety
National Privacy Principles
Use and disclosure (cont): May disclose information in the process of
reporting unlawful activity or cooperating with the investigation of an offence
National Privacy Principles
Data security: Organisation must take reasonable steps
to protect personal information from misuse, loss and unauthorised disclosure
National Privacy Principles
Access and correction: Must generally make information about a
person available to that person (but many exceptions apply)
National Privacy Principles
Sensitive information: Generally must only collect sensitive
information by consent or when required to by law
National Privacy Principles
What is sensitive information? Includes information about a person’s race,
political opinion, political association, religious/philosophical beliefs, sexual orientation, criminal record, etc
National Privacy Principles
Breaches: Investigation by Privacy Commissioner
(even where no damage caused) Determination that may include:
Declaration that breach has occurred Declaration relating to compensation/redress
If declaration ignored matter may proceed to Federal Court
National Privacy Principles
Consequences of breach Organisation incurs expenses in complying
with investigation May have to pay compensation Breaches of NPP are made public Internal disciplinary action also possible