Volunteer Agreement (Australia)

A Volunteer Agreement in Australia sets the commercial terms and each party's obligations for the arrangement, consistent with the Fair Work Act 2009 (Cth).

The distinction between a volunteer and an employee is legally significant in Australia. The Fair Work Act 2009 (Cth) provides extensive protections for employees and national system employees, including the National Employment Standards (NES), minimum award wages, superannuation contributions under the Superannuation Guarantee (Administration) Act 1992, and unfair dismissal protections. A genuine volunteer, by contrast, contributes their time freely without expectation of payment. Organisations must take care to structure volunteer arrangements correctly: if an arrangement is found to constitute employment (for example, because the volunteer is paid a wage, stipend, or allowance beyond genuine expense reimbursement), the organisation may face liability for unpaid wages, superannuation, and other statutory entitlements.

A Volunteer Agreement is a best-practice document recommended by Volunteering Australia, state volunteering peak bodies, and the Australian Charities and Not-for-profits Commission (ACNC) for organisations that rely on volunteer contributions. It helps both the organisation and the volunteer understand what is expected, reduces the risk of disputes, and provides a framework for managing the volunteering relationship professionally.

Australian Volunteer Agreements must address the requirements of the Work Health and Safety Act 2011 (Cth) and its state and territory equivalents. Under section 7 of the WHS Act, a volunteer who carries out work for a PCBU is classified as a worker, which means the PCBU owes them a primary duty of care under section 19 to confirm their health and safety so far as is reasonably practicable. This is a key difference from some other jurisdictions: in Australia, WHS obligations extend explicitly to volunteers by statute.

Privacy considerations are also important under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Organisations must handle volunteers’ personal information in accordance with the APPs and must confirm that volunteers who handle client or donor information do so in compliance with the organisation’s privacy policy.

The legal framework governing the Volunteer Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Volunteer Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.

A Volunteer Agreement is appropriate whenever an Australian organisation — whether a registered charity, incorporated association, company limited by guarantee, unincorporated association, school, hospital, or community group — engages an individual to carry out activities on a voluntary basis. It is a best-practice document that applies across all sectors that rely on volunteer contributions.

You should use a Volunteer Agreement when a not-for-profit organisation is engaging a person to assist with activities such as community events, administrative support, mentoring, befriending, conservation work, emergency services volunteering, working in an op shop, assisting at sporting clubs, or carrying out any other unpaid activity. The agreement helps confirm the arrangement is clearly structured as voluntary, protecting both parties from disputes about the nature of the relationship.

A Volunteer Agreement is particularly important where the volunteer will work with children or vulnerable persons. Under state and territory legislation, volunteers in child-related work or work with vulnerable adults may be required to hold a Working with Children Check (WWCC), National Police Check, or NDIS Worker Screening Check. The requirements vary by state and territory: in New South Wales, the Child Protection (Working with Children) Act 2012 applies; in Victoria, the Working with Children Act 2005; in Queensland, the Working with Children (Risk Management and Screening) Act 2000 (Blue Card system). A Volunteer Agreement should document the screening requirements applicable to the role.

Work health and safety requirements make a Volunteer Agreement essential for any physical or semi-physical role. Since volunteers are workers under the Work Health and Safety Act 2011 (Cth), the PCBU owes them a primary duty of care. The agreement should document the organisation’s WHS commitments and the volunteer’s WHS obligations. Risk assessments, induction requirements, and incident reporting procedures should be communicated clearly.

Where volunteers will handle personal information about clients, donors, or other individuals, the Privacy Act 1988 (Cth) implications make it important to document privacy obligations in the Volunteer Agreement. Volunteers acting as agents of the organisation must handle personal information in accordance with the APPs.

Finally, for roles involving access to confidential commercial, operational, or strategic information, a confidentiality clause in the Volunteer Agreement confirms the organisation’s sensitive information is protected even though the volunteer is not an employee.

A well-drafted Australian Volunteer Agreement should contain several key provisions that protect both the organisation and the volunteer while establishing that the arrangement is non-contractual and does not create an employment relationship.

The non-employment statement is the single most important provision. It must clearly and prominently state that the agreement does not create a contract of employment, does not make the volunteer an employee under the Fair Work Act 2009, and does not entitle the volunteer to any National Employment Standards entitlements, award wages, superannuation, or other statutory benefits. This clause is essential for protecting the organisation from employment law liability.

The role description should set out the volunteer’s expected duties, the location of the activities, and the anticipated start date. It is important to describe the time commitment as an indication rather than a requirement, since mandating specific hours could suggest an employment relationship. The wording should use phrases such as ‘the volunteer has offered to’ rather than ‘the volunteer is required to’.

The expense reimbursement clause must be carefully drafted. It should limit reimbursement to genuine out-of-pocket expenses supported by receipts, specifying the categories covered (such as public transport fares, mileage at ATO-approved rates, parking, and meal costs). Paying a flat-rate allowance or any amount exceeding actual costs may constitute wages and could trigger Fair Work Act obligations.

The work health and safety clause is legally required by virtue of the WHS Act 2011. It should set out the PCBU’s duty of care to the volunteer, commit the organisation to carrying out risk assessments and providing training, and set out the volunteer’s duties (taking care for their own health and safety, following WHS instructions, and reporting incidents).

The background checks clause is essential for roles involving children or vulnerable persons. It should specify the type of check required (WWCC, National Police Check, NDIS Worker Screening Check), reference the applicable state or territory legislation, and explain the process for obtaining and renewing the check.

The privacy clause must reference the Privacy Act 1988 (Cth) and the Australian Privacy Principles. It should explain how the volunteer’s personal information will be used and set out the volunteer’s obligations when handling personal information about others.

The confidentiality clause protects the organisation’s sensitive information and should survive termination of the volunteering arrangement.

The insurance clause should disclose clearly what insurance coverage (if any) the organisation holds for volunteers, including volunteer personal accident insurance and public liability insurance, and should note that volunteers are generally not covered by workers’ compensation.

The termination clause confirms that either party may end the arrangement at any time without notice or liability, which is fundamental to preserving the voluntary nature of the relationship. The forms-legal.com Volunteer Agreement (Australia) template covers the mandatory elements under Fair Work Act 2009 (Cth).