Volunteers

Background

Most volunteers are not entitled to compensation under the Workplace Injury Rehabilitation and Compensation Act 2013. Volunteers are not considered workers unless they are deemed to be and are not entitled to compensation unless specified in an Act of Parliament. Some exceptions apply and are discussed in the next section.

Employers may need to consider separate insurance cover for volunteers. This is to safeguard against possible legal, financial and reputational consequences.

Some exceptions apply

The following Acts state that volunteers and other persons assisting government agencies are entitled to compensation if injured while carrying out relevant duties.

• Victoria State Emergency Service Act 2005. Applies to voluntary registered and probationary members of the Victoria SES.
• Juries Act 2000. Applies to jurors.
• Education and Training Reform Act 2006. Applies to volunteer school workers or volunteer student workers.
• Emergency Management Act 1986. Applies to volunteer emergency workers.
• Police Assistance Compensation Act 1968. Applies to volunteers assisting police officers.
• Country Fire Authority Act 1958. Applies to casual fire fighters and volunteer auxiliary workers.
• Fire Services Amendment Legislation (Reform) Act 2019. Applies to volunteer firefighters who have contracted certain cancers as a firefighter.

WorkSafe administers claims by volunteers under the other Acts. 

Claims under the Country Fire Authority Act 1958 are administered by the CFA.

Claims under the Police Assistance Compensation Act 1968 are administered by the Victoria Police.

If you’re not sure whether a volunteer is covered by an Act, contact your WorkSafe agent or call WorkSafe Advisory on 1800 136 089.

Entitlement to provisional payments

Victorian volunteers may be able to access early treatment and support while they wait for the outcome of their mental injury claim. This support is called provisional payments. Provisional payments may be available to volunteers included in the following Acts:

• Victoria State Emergency Service Act 2005. Applies to voluntary registered and probationary members of the Victoria SES.
• Juries Act 2000. Applies to jurors.
• Education and Training Reform Act 2006. Applies to volunteer school workers or volunteer student workers.
• Emergency Management Act 1986. Applies to volunteer emergency workers.
• Police Assistance Compensation Act 1968. Applies to volunteers assisting police officers.

Provisional payments for reasonable treatment and services are available for up to 13 weeks. This applies even if the claim is ultimately rejected.

Eligible volunteers are entitled to provisional payments unless:

• there is clear evidence the claimant is not an eligible Victorian volunteer
• the volunteer's claim is a duplicate of an existing claim
• the volunteer's claim is for a physical injury only.