Volunteers and Interns

In Australia, an estimated six million people undertake some form of volunteer work each year. Volunteer work is work that is carried out primarily to benefit someone else — for example, a charity, a not-for-profit organisation, a church, or a political party. Volunteer work does not amount to a contract and volunteers and interns are not employees. However, volunteers and interns do have rights and in some situations are covered by state and territory legislation. This page deals with the rights of volunteers and interns in Australia.

What are volunteers and interns?

A volunteer is somebody who gives their time and labour to an organisation or cause without expecting to receive wages, salary, or other reward. An intern is a student or trainee who undertakes unpaid work in order to gain experience in a particular field.

Not a contractual relationship

A person who works as a volunteer or intern is not in a contractual relationship with the organisation they are working for. This is because a contract is based on a quid pro quo relationship (a relationship based on the exchange of one thing of value for another) — for example, goods in exchange for money, or labour in exchange for wages. In contrast, volunteer work consists of a person donating their labour to a cause without receiving anything in return.

As volunteers are not parties to contracts, many of the employment law protections set out under the Fair Work Act 2009 do not extend to them. For example, volunteers and interns are not protected from unfair dismissal. However, organisations that utilise volunteers still expected to take reasonable care to ensure that the rights of volunteers are respected.

National Standards for Volunteer Involvement

The National Standards for Volunteer Involvement are a set of eight standards that were designed in consultation with the volunteer sector. The standards are designed to help organisations to develop strategies to use their volunteers meaningfully, and to ensure that their volunteers are appropriately supported.

The eight standards are as follows:

1. The governing body and senior employees lead and promote a positive culture towards volunteering and implement effective management systems to support volunteer involvement.
2. Commitment to volunteer involvement is set out through vision, planning and resourcing, and supports the organisation’s strategic direction.
3. Volunteers are engaged in meaningful roles which contribute to the organisation’s purpose, goals and objectives.
4. Volunteer recruitment and selection strategies are planned, consistent and meet the needs of the organisation and volunteers.
5. Volunteers understand their roles and gain the knowledge, skills and feedback needed to safely and effectively carry out their duties.
6. The health, safety and wellbeing of volunteers is protected in the workplace.
7. Volunteer contribution, value and impact is understood, appreciated and acknowledged.
8. Effective volunteer involvement results from a system of good practice, review and continuous improvement.

Organisations that use volunteers are expected to strive to comply with these standards, and to self- assess their compliance.

Is a worker a volunteer or an employee?

In many cases, it will be easy to determine whether a worker is a volunteer or an employee. In some cases, though, there may be uncertainty as to the status of a worker.

A person is a volunteer if:

• they provide their time and labour totally freely
• they come and go as they please
• they are under no obligation to provide their services
• they are not subjected to any sanctions for failing to perform their duties

Volunteers may be reimbursed for expenses they have incurred or given a one-off gift. However, they are not given regular gifts or rewards.

Volunteer rights and responsibilities

A volunteer has the right to work in a healthy and safe environment, to be protected from discrimination, to be provided with sufficient training to do their work, to be adequately covered by insurance, to have access to a grievance procedure, to be given accurate information about the organisation they are working poor, to be reimbursed for out-of-pocket expenses, to have their personal information dealt with in accordance with the Privacy Act 1988, to have a job description and agreed working hours, and to be provided with orientation in the organisation. Volunteers must not be used to do the work that was previously done by paid staff member.

Volunteers also have responsibilities. For example, a volunteer is expected to be reliable and accountable, to maintain confidentiality, to ask for support when they need it, and to follow policies and procedures.

Workplace Health and Safety laws

Volunteers may be covered by the workplace health and safety laws that apply in the state or territory where the work is carried out. If an organisation has paid employees as well as volunteers, then its volunteers will be covered by workplace health and safety legislation. However, if an organisation is staffed solely by volunteers, these laws will not apply.

All organisations that use volunteers should ensure that their rights are respected and that they are supported to carry out their work safely.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.