after submissions were heard.  The result is that under the Act there are now two tiers of obligation to volunteers as well as exceptions to when those legal obligations apply.  The NZ Federation of Voluntary Welfare Organisations has produced the following information designed to help you work out what your obligations are to the volunteers in your organisation.

Tier One – Minimum Obligation to Volunteers

A voluntary organisation with volunteers is under a duty to take all practical steps (as defined by the Act) to ensure the health and safety of volunteers while they are doing a work activity for the organisation by, in particular, taking hazards into account when planning the work activity.  There are no enforcement provisions in the Act if this duty is breached, however, an inspector may contact you if there is a significant breach.

Tier Two – Further Obligations to Some Volunteers

If you can answer yes to all of the following questions:

• Does the voluntary organisation know or have they consented to the volunteer doing work for them?  Yes
• Does the volunteer do the work on an ongoing regular basis for the voluntary organisation?  Yes
• Is the work an integral part of the business of the voluntary organisation?  Yes

And you can answer no to all the following questions:

• Is the volunteer participating in a fundraising activity?  No
• Are they assisting with sports or recreation for a sports club, recreation club or eductional institution?  No
• Are they assisting with activities for an educational institution outside the premises of the educational institution?  No
• Are they providing care for another person in their own home?  No

Then you have further extensive duties to these volunteers under Sections 6 – 12, 19 and Part IV of the Act.  The duties relate to general duties of an employer, duties in hazard management and information, employee participation and general provisions.  These duties can be enforced and penalties for breach are significant.

If you did not answer three yes answers and then four no answers you only have the minimum duties in Tier One to your volunteers.

Please Note – You should check that your volunteers are volunteers under the Act and are not in fact employees or contractors with further rights.  Volunteers under the Act neither expect nor receive reward (monetary or moneys worth over and above reimbursement or reasonable expenses) for their work.  People gaining job training or work experiences are covered in different sections of the Act.

OSH has a website at www.workinfo.govt.nz which has a number of useful publications and fact sheets on line or available to order.  They also have a freephone help line: 0800 209 020.

                                                                                                            Thanks to ‘Lawscene’

Newsletter Monthly Newsletter Membership Members receive regular mailouts and newsletters covering specific issues and seeking member comment, notifying any significant Goverment policy changes. Annual Conference The 3rd Annual Conference of Workability International 12th – 15th October 2004 – Christchurch Convention Centre, Christchurch, New Zealand

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