Civil Liability Act 2002

Subject to subsections (2) and (3), a volunteer does not incur civil liability for anything that the volunteer has done in good faith when doing community work.

Subsection (1) does not affect any right to recover damages in respect of defamation or in respect of the death of, or personal injury to, any person directly caused by, or by the driving of, a motor vehicle if, at the time of the death or personal injury – the vehicle was owned or being driven by a person who, but for the operation of subsection (1), would incur liability in respect of the death or personal injury; and the vehicle – was a vehicle in respect of which a premium had been paid, or had been required to be paid, in accordance with Part V of the Motor Accidents (Liabilities and Compensation) Act 1973; or was a "permitted out-of-State vehicle", as referred to in section 2 of that Act, in respect of which a third party insurance policy was in force as required by section 19 of that Act.

The protection given by subsection (1) does not apply to a volunteer – who knew or ought reasonably to have known that at the relevant time he or she was acting – outside the scope of the community work organised by the community organisation; or contrary to instructions given by the community organisation; or whose ability to do the community work in a proper manner was, at the relevant time, significantly impaired by alcohol or drugs.

In this section – drugs means drugs that are taken voluntarily otherwise than for therapeutic purposes; motor vehicle has the meaning given in section 2 of the Motor Accidents (Liabilities and Compensation) Act 1973.