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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Volunteer Protection Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Protection of volunteers 3
5. Supreme Court--limitation of jurisdiction 4
6. Regulations 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Council 11 June 2002 by the Hon. P. R. Hall
A BILL
to protect volunteers from civil liability for damages.
Volunteer Protection Act 2002
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to protect volunteers carrying out community
work from personal liability for certain acts
5 or omissions causing injury, loss or damage;
and
(b) to encourage community service.
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Volunteer Protection Act 2002
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 31 December 2002, it comes into
operation on that day.
3. Definitions
In this Act--
"community work" means--
10 (a) work for one or more of the following
purposes--
(i) for a religious, educational,
charitable or benevolent purpose;
(ii) for promoting or encouraging
15 literature, science or the arts;
(iii) for promoting sport, recreation,
hobbies or amusement;
(iv) for providing care, treatment,
attendance or aid for persons in
20 need of such care, treatment,
attendance or aid because of a
physical or mental disability or
condition;
(v) for conserving or protecting the
25 natural environment or resources;
(vi) for promoting or preserving
historical or cultural heritage;
(vii) for promoting or protecting any
community interest or activity; or
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Volunteer Protection Act 2002
s. 4
Act No.
(b) work, or work included in a class of
work, that is prescribed to be
community work under section 6(a)--
but does not include work, or work included
5 in a class of work, that is exempted from the
operation of this Act under section 6(b);
"volunteer" means a person who carries out
community work without remuneration or
reward (other than reimbursement of
10 expenses incurred in carrying out the work)
but does not include a person who carries out
community work under an order of a court or
as a condition of a bond or undertaking to a
court.
15 4. Protection of volunteers
(1) Subject to sub-section (2), no proceeding may be
brought against a volunteer to recover damages in
respect of any injury, loss or damage whatsoever
resulting from or arising out of any negligent act
20 or omission, trespass, nuisance or breach of
statutory duty that is done, made or committed by
the volunteer after the commencement of this Act
and that arises out of or in the course of
community work being carried out by the
25 volunteer.
(2) Sub-section (1) does not extend to any
proceeding--
(a) brought under, or in accordance with, the
Transport Accident Act 1986 or in respect
30 of an indemnity arising under that Act; or
(b) brought under the Accident Compensation
Act 1985 or to recover damages in respect of
an injury arising out of or in the course of, or
due to the nature of, any employment; or
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Volunteer Protection Act 2002
s. 5
Act No.
(c) in respect of an injury, loss or damage
resulting from or arising out of--
(i) conduct that constitutes an offence on
the part of the volunteer; or
5 (ii) conduct engaged in by the volunteer
with a conscious or flagrant
indifference to the rights or safety of
the person who suffered the injury, loss
or damage; or
10 (iii) the use of an aircraft of any type.
(3) Nothing in this section affects any vicarious
liability that a person or body may have for the
conduct of a volunteer.
(4) This section has effect despite any provision to the
15 contrary made by or under any other Act and
despite any rule of law to the contrary.
5. Supreme Court--limitation of jurisdiction
It is the intention of section 4 to alter or vary
section 85 of the Constitution Act 1975.
20 6. Regulations
The Governor in Council may make regulations
for or with respect to--
(a) prescribing work or a class of work to be
community work for the purposes of
25 paragraph (b) of the definition of
"community work" in section 3;
(b) exempting from the operation of this Act
work or a class of work that is community
work under paragraph (a) of the definition of
30 "community work" in section 3;
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Volunteer Protection Act 2002
s. 6
Act No.
(c) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
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Volunteer Protection Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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