Commonwealth Volunteers Protection Act 2003

Administered by Department of the Treasury

Legislation au C2004A01087 In force Act

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Act No. 2 of 2003 as amended

This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement

3 Extended operation of Act

4 Definitions

5 Application

Part 2—Protection from civil liability

6 Protection from liability

7 Commonwealth or Commonwealth authority to incur liability

8 Volunteer to assist in defence of actions etc.

9 Certain indemnities to have no effect

10 No overriding of Damage by Aircraft Act

11 Regulations

Notes

An Act to protect volunteers working for the Commonwealth from civil liability, and for related purposes

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Commonwealth Volunteers Protection Act 2003.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent	24 February 2003
2. Sections 3 to 11	A single day to be fixed by Proclamation, subject to subsection (3)	24 August 2003

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

(3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3 Extended operation of Act

This Act extends to every external Territory.

4 Definitions

(1) In this Act:

Commonwealth includes the following:

(a) a Federal Court;

(b) a Department of the Parliament established under the Parliamentary Service Act 1999;

(c) a body (not being a body corporate) established or continued in existence for a public purpose by or under a Commonwealth law, other than a body established by or under:

(i) the Australian Capital Territory (Self‑Government) Act 1988; or

(ii) the Norfolk Island Act 1979; or

(iii) the Northern Territory (Self‑Government) Act 1978.

Commonwealth authority means a body corporate established or continued in existence for a public purpose by or under a Commonwealth law, but does not include:

(a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or

(b) an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009; or

organised includes directed and supervised.

recreational drug means a drug consumed voluntarily for non‑medicinal purposes and includes alcohol.

voluntary basis has the meaning given by subsections (2) and (3).

Meaning of voluntary basis

(2) An individual does work for the Commonwealth or a Commonwealth authority on a voluntary basis if the individual:

(a) either:

(i) receives no remuneration for doing the work other than the reimbursement of reasonable expenses incurred by the individual in doing the work; or

(ii) receives remuneration for doing the work less than the amount, if any, prescribed or determined in accordance with the regulations; and

(b) does not do the work under a court order.

(3) An individual also does work for the Commonwealth or a Commonwealth authority on a voluntary basis if:

(a) the individual continues to receive remuneration from the individual’s usual employer while doing the work but receives no other remuneration for doing the work other than:

(i) reimbursement of reasonable expenses incurred by the individual in doing the work; or

(ii) remuneration less than the amount, if any, prescribed or determined in accordance with the regulations; and

(b) the work is of a kind that is usually done for the Commonwealth or the Commonwealth authority by persons who either:

(i) receive no remuneration for doing the work other than the reimbursement of reasonable expenses incurred in doing the work; or

(ii) receive remuneration for doing the work less than the amount, if any, prescribed or determined in accordance with the regulations; and

Acts and omissions of individuals covered

(4) A reference in this Act to a thing done by an individual includes a reference to the omission by an individual to do a thing.

5 Application

This Act applies only in relation to civil liability for a thing done by an individual after the commencement of this Act.

Part 2—Protection from civil liability

6 Protection from liability

Protection

(1) An individual does not incur civil liability for anything that the individual has done in good faith in doing work for the Commonwealth or a Commonwealth authority if it is work:

(a) done by the individual on a voluntary basis; and

(b) organised by the Commonwealth or the Commonwealth authority.

Third‑party insurance or defamation

(2) Subsection (1) does not apply to:

(a) a liability that is covered by a scheme of compulsory third‑party motor vehicle insurance; or

(b) a liability for defamation.

Individual affected by drugs

(3) Subsection (1) does not apply if the individual’s ability to carry out the work properly was, at the relevant time, significantly impaired by a recreational drug.

Individual acting outside scope of authority or instructions

(4) Subsection (1) does not apply if:

(a) the individual was acting, and knew or ought to have known that he or she was acting, outside the scope of the activities authorised by the Commonwealth or the Commonwealth authority; or

(b) the individual was acting, and knew or ought to have known that he or she was acting, contrary to instructions given by the Commonwealth or the Commonwealth authority.

7 Commonwealth or Commonwealth authority to incur liability

(1) The Commonwealth or a Commonwealth authority incurs any civil liability that an individual would, except for section 6, incur in respect of a thing done by the individual while doing work for the Commonwealth or the Commonwealth authority.

(2) Subsection (1) does not apply to a Commonwealth authority if:

(a) a provision in an Act gives protection to the Commonwealth authority from civil liability; and

(b) under the provision, the Commonwealth authority would be protected from civil liability in relation to the thing done by the individual.

8 Volunteer to assist in defence of actions etc.

If the Commonwealth or the Commonwealth authority requests the individual to assist the Commonwealth or the Commonwealth authority in any action, claim or demand relating to a civil liability that the Commonwealth or Commonwealth authority may incur or incurs under section 7, then the individual must comply with the request.

9 Certain indemnities to have no effect

An indemnity given by an individual against a liability that the Commonwealth or a Commonwealth authority incurs under this Act in respect of work done by the individual has no effect.

10 No overriding of Damage by Aircraft Act

This Act does not override or limit the operation of the Damage by Aircraft Act 1999.

11 Regulations

The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Commonwealth Volunteers Protection Act 2003

Note 1

The Commonwealth Volunteers Protection Act 2003 as shown in this compilation comprises Act No. 2, 2003 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Commonwealth Volunteers Protection Act 2003	2, 2003	24 Feb 2003	Ss. 3–11: 24 Aug 2003 Remainder: Royal Assent
Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006	125, 2006	4 Nov 2006	Schedules 1–3: 1 July 2007 (see s. 2(1)) Remainder: Royal Assent	—
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	Schedule 18 (item 1): (a)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 6 (item 124): 19 Apr 2011	—

(a) Subsection 2(1) (item 41) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
41. Schedule 18	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009 (see F2009L02563)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 4 ....................	am. No. 125, 2006; No. 54, 2009; No. 5, 2011

Overview

The Commonwealth Volunteers Protection Act 2003 was enacted to address the problem of volunteers working for the Commonwealth or Commonwealth authorities potentially facing civil liability for their actions while performing their voluntary duties. This Act, assented to by the Commonwealth Parliament, provides a framework to protect these volunteers from such liabilities, thus encouraging more people to engage in voluntary services without fear of personal financial repercussions. The primary policy objective of this Act is to ensure that volunteers who work for the Commonwealth or Commonwealth authorities are not held personally liable for their actions, provided the actions are performed in good faith and within the scope of their voluntary work, thereby fostering a more robust volunteer ecosystem across Australia.

Scope and Application

The Commonwealth Volunteers Protection Act 2003 is an Australian federal statute that aims to provide protection from civil liability for volunteers who perform work for the Commonwealth or a Commonwealth authority. The Act applies to individuals who undertake work on a voluntary basis, meaning they either receive no remuneration other than reasonable expense reimbursement or receive remuneration below a specified threshold, and are not acting under a court order. The Act specifically excludes liability for compulsory third-party motor vehicle insurance and defamation claims. Additionally, if an individual's ability to perform the work is significantly impaired by recreational drugs, they are not protected. The Act extends its coverage to every external territory of Australia and may be further defined or restricted through regulations made by the Governor-General. The Commonwealth or a Commonwealth authority is liable for the actions of volunteers, except when specific statutory provisions offer protection to the authority. Volunteers are obliged to assist in any legal actions related to the civil liabilities incurred by the Commonwealth or a Commonwealth authority. The Act commenced on 24 February 2003, with certain provisions taking effect on 24 August 2003. It has been subject to amendments by subsequent legislation, including the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006, the Fair Work (State Referral and Consequential and Other Amendments) Act 2009, and the Statute Law Revision Act 2011, each of which made adjustments to the definitions and application of the Act. These amendments highlight the dynamic nature of the legislation as it adapts to changes in related laws and regulatory environments.

Key Provisions

The Commonwealth Volunteers Protection Act 2003 (Cth) is designed to provide protection from civil liability to volunteers working for the Commonwealth or a Commonwealth authority. Section 6(1) of the Act stipulates that individuals will not incur civil liability for actions taken in good faith while performing voluntary work organised by the Commonwealth or a Commonwealth authority. However, this protection does not extend to liabilities covered by compulsory third-party motor vehicle insurance schemes or those related to defamation, as per section 6(2). Additionally, if an individual’s ability to perform their duties was significantly impaired by recreational drugs at the time of the incident, the protection does not apply, as outlined in section 6(3). Furthermore, if the individual was acting outside the scope of their authorised activities or contrary to given instructions, they will not be protected under section 6(4). The Act imposes several obligations on volunteers and the Commonwealth or Commonwealth authorities. Volunteers must comply with requests from the Commonwealth or the authority to assist in any legal proceedings related to civil liabilities incurred by the Commonwealth or authority, as per section 8. Additionally, any indemnity provided by the volunteer against liabilities incurred by the Commonwealth or authority under this Act is rendered ineffective, according to section 9. The Act also shifts the responsibility of any civil liability incurred by volunteers from the individuals themselves to the Commonwealth or the Commonwealth authority, as stated in section 7(1), unless the authority has specific statutory protection from such liability, as per section 7(2). Breaches of the Act, while primarily focused on civil liability, may still incur consequences. The Act does not explicitly state penalties for breaches of its provisions. However, the shift of liability to the Commonwealth or Commonwealth authority under section 7 means that any failure to adhere to the conditions for protection could result in the Commonwealth or authority facing legal action. Furthermore, the ineffectiveness of any indemnity provided by volunteers under section 9 ensures that volunteers cannot mitigate their legal exposure by entering into indemnity agreements. It is important to note that the Act does not override the Damage by Aircraft Act 1999, as clarified in section 10, maintaining the separate legal framework for aviation-related damages.

Area of Law: Civil Litigation & Procedure; Volunteer & Nonprofit Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Offence Provisions; Protection from liability; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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