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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Commonwealth
Volunteers Protection Bill 2002
No. ,
2002
(Treasury)
A Bill
for an Act to protect volunteers working for the Commonwealth from civil
liability, and for related purposes
Contents
A Bill for an Act to protect volunteers working for the
Commonwealth from civil liability, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Commonwealth Volunteers Protection Act
2002.
(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 |
|
|
2. Sections 3 to 11 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
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.
This Act extends to every external Territory.
(1) In this Act:
Commonwealth includes the following:
(a) a Federal Court;
(b) a Department of the Parliament;
(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) an Aboriginal association incorporated under Part IV of the
Aboriginal Councils and Associations Act 1976; or
(b) an association of employees that is an organisation within the meaning
of the Workplace Relations Act 1996; or
(c) a body specified in the regulations for the purposes of this
paragraph.
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
(c) the individual does not do the work under a court order.
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.
This Act applies only in relation to civil liability for a thing done by
an individual after the commencement of this Act.
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.
(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.
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.
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.
This Act does not override or limit the operation of the Damage by
Aircraft Act 1999.
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.