Depending on whether you employ people to work, your organisation is:
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a volunteer organisation – covered by WHS laws
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a volunteer association – not covered by WHS laws.
Volunteers and workers
Under the model WHS laws, a worker can be paid (employed) or unpaid (a volunteer).
An employed person works for financial gain.
The organisation or its members – alone or with other members – can employ someone.
A volunteer does not work for financial gain.
You might still pay a volunteer’s out-of-pocket expenses, like travel and meals. This does not count as payment.
Volunteer organisations with paid workers
If you employ 1 or more people to work, you’re a person conducting a business or undertaking (PCBU) under the model WHS laws.
If you also have 1 or more volunteers, you are a volunteer organisation. The model WHS Act covers you, and you have WHS duties to both your paid workers and volunteers.
Your paid workers and volunteers also have WHS duties.
Volunteer organisations include:
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an emergency services organisation that employs staff
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a charity shop that employs staff.
Volunteer associations with volunteers only
If your organisation is a group of volunteers and does not employ paid workers, it’s a volunteer association.
The model WHS laws do not apply to you.
Volunteer associations include:
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a local woodwork club with volunteer members and volunteer office bearers
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a senior citizens group that meets for social interaction and activities, with volunteer members and office bearers.
The model WHS Act does not cover you because you engage contractors, such as:
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an accountant to audit accounts
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a driver to drive a bus on a day trip.
Even if yours is a volunteer association, it is still good practice to comply with WHS duties.