Northern Territory Second Reading Speeches

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VOLUNTEERS PROTECTION BILL 2002

Mr Acting Deputy Speaker, I move that the bill be now read a second time.

In our society, community groups, charities and supporting organisations play an important and vital part in developing, enhancing and ensuring the style of life we live. It is a lifestyle, particularly in the Territory, that we put much store by. It is a lifestyle that all sides of politics proudly proclaim as an essential part of living in the Northern Territory. But none of these groups will be there to support this lifestyle if it were not for the thousands of volunteers who unstintingly give their time and effort to these groups. This bill is aimed at ensuring that these very important people do not have to give any more than their time and effort. This bill is aimed at protecting these special people from public liability claims.

I know that some would argue that under the common law these people are already protected but I believe that we must make sure that they are. We must put the issue beyond doubt. In the climate that exists with regard to insurance, and in particular public liability, volunteers should be left in no doubt that they are protected from being sued just because they give of their time and effort to make life better for all of us. In the report that was specially prepared for the National Summit on Public Liability held on 30 May and attended by the Deputy Chief Minister, the second recommendation is to protect volunteers. As that report notes:

I note that the Deputy Chief Minister in his press release report of the national conference made no mention of moving to protect volunteers. I am sure that was an oversight and I am sure the government will have no problem in supporting this legislation.

This bill is based on the act already in place in South Australia and proposed for Victoria. It is but a small part of what must be done to address the crisis in insurance and particularly public liability. But it is a small part that can be done now and one that will offer some comfort and protection to a group of people who are very deserving of this parliament’s support.

I make no claim that this will redress any of the problems these sorts of organisations face in obtaining public liability insurance, nor will it have any impact on the continuing rising cost of the premiums for such insurance. It is simply to address one of the problems that we have all become aware of since the insurance crisis began last year with the collapse of HIH and then was exacerbated by the horrendous attacks of 11 September. Without those twin disasters it may have well become an issue due to the increase litigious nature of our society. But until the last six months or so it was not one that most legislators or legislatures felt required urgent action. I do not think anyone here would disagree that the situation has dramatically changed.

Today we face a desperate situation on two fronts. One is that volunteer organisations face going out of business because of either their inability to find public liability insurance or being able to meet the rising costs of premiums. The second is the source of volunteers may dry up because people are becoming very reluctant to be involved. They are scared they could be sued. They are fearful that their volunteer work could cost them the family home or worse, and what makes this bill even more crucial is that those fears could be proven right at any moment.

Let me go through the bill. It states quite clearly what this bill is all about in clause 3. We are attempting to strike the appropriate balance between the rights of those who suffer injury, loss or damage, and the need to protect volunteers from personal liability when they act in good faith while carrying out community work. This act limits the personal liability for negligence of volunteers who work for community organisations and transfers any liability to the organisation itself. It defines community work as work for one or more of the following purposes:

· a religious, educational, charitable or benevolent purpose;

· promoting or encouraging literature, science or the arts;

· looking after or providing medical treatment or attention to people who need care because of a physical or mental disability or condition;

· for sport, recreation or amusement;

· conserving resources or protecting the natural environment from harm;

· preserving historical or cultural heritage;

· a political purpose; and

· protecting or promoting the common interest of the community generally or a section of the community.

A volunteer is defined as a person who carries out community work and receives no remuneration or only some form of limited remuneration such as expenses. The act does not cover a person who is ordered by a court to carry out community work nor is someone covered if they are reckless in carrying out the community work or under the influence of drugs including alcohol or acting contrary to the instructions of the organisation or the purposes for which the organisation exists. Put as simply as possible, this act means that if a volunteer is doing the right thing and for some reason or another, another person suffers injury, loss or damage then the volunteer cannot be sued.

Mr Deputy Speaker, as I said at the outset, this offers no solution to the continuing crisis in insurance, but it does offer some comfort to volunteers who have become caught up in this crisis. It is something that we can do now while we continue to work through the big issues and I plead with members of both sides to support the bill.


 

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