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This is a Bill, not an Act. For current law, see the Acts databases.


VOLUNTEER PROTECTION BILL 2002

                                Western Australia


                          LEGISLATIVE ASSEMBLY

                          (Introduced by Mr Grylls MLA)


                 Volunteer Protection Bill 2002


                                   A Bill for


    An Act to protect volunteers from civil liability for damages.



    The Parliament of Western Australia enacts as follows:


    1.      Short title
            This Act may be cited as the Volunteer Protection Act 2002.

    2.      Purpose
5           The main purposes of this Act are --
             (a) to protect volunteers performing community work by
                  limiting personal liability for acts or omissions causing
                  injury, loss or damage; and
             (b) to encourage community service.




                                                                      page 1

                                     122 -- 1
     Volunteer Protection Bill 2002



     s. 3




     3.       Commencement
              This Act comes into operation on the day on which it receives
              Royal Assent.

     4.       Definitions
5             "Community work" means --
                  (a) work for one or more of the following purposes --
                           (i) for a religious, educational, charitable or
                                benevolent purpose;
                          (ii) for promoting or encouraging literature,
10                              science or the arts;
                         (iii) for promoting sport, recreation, hobbies or
                                amusement;
                         (iv) for the provision of care, treatment,
                                attendance or aids for persons needing such
15                              care, treatment, attendance or aids as a
                                consequence of a physical or mental disability
                                or condition;
                          (v) for the conservation of or the protection of the
                                natural environment or resources;
20                       (vi) for promoting or preserving historical or
                                cultural heritage;
                        (vii) for promoting or protecting any community
                                interest or activity; or
                  (b) work classified by regulation as community work;
25                but does not include work excluded by regulation from the
                  ambit of this definition.
              "Volunteer" means a person who carries out community work
                  and receives no remuneration apart from reimbursement of
                  expenses but does not include a person who carries out
30                community work pursuant to an order of a court or as a
                  condition of a bond or undertaking to a court.

     page 2
                                               Volunteer Protection Bill 2002



                                                                          s. 5



     5.   The Immunity
          No action shall be brought for damages for injury, loss or
          damage against a volunteer for any negligent act or omission,
          trespass, nuisance or breach of duty arising under statute which
5         occurs after the commencement of this Act and arises out of or
          in the course of community work being performed by that
          volunteer.

     6.   Exceptions
          The immunity referred to in section 5 hereof does not extend to
10        any proceedings --
            (a) brought pursuant to the Motor Vehicle (Third Party
                 Insurance) Act 1943 (as amended) or where an
                 indemnity under the Motor Vehicle (Third Party
                 Insurance) Act 1943 (as amended) arises or the
15               Workers' Compensation and Rehabilitation Act 1981 (as
                 amended);
            (b) where the claim arises from criminal conduct;
            (c) where there is a conscious or flagrant indifference to the
                 rights and safety of a person suffering the injury, loss or
20               damage;
            (d) where the injury, loss or damage arises from the use of
                 an aircraft;
          but does not affect vicarious liability for the acts or omissions of
          a volunteer.

25   7.   Regulations
          The Governor in Council may make regulations for the purposes
          of this Act.




 


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