Do local government have a WHS Responsibility towards spontaneous volunteers?

Over the last few months, we've received queries from our members regarding spontaneous volunteers. Additionally, with bushfire season around the corner, we'll soon see communities rallying together to combat these devastating events. While the willingness of spontaneous volunteers to help is admirable, it raises significant challenges for local governments. Managing spontaneous volunteers poses serious safety risks and complex legal issues. Under the Work and Safety Act 2020 (WHS Act), members must fulfil their duty of care to spontaneous volunteers when under the direction of local government.

This article explores the intricate balance members must strike between receiving help from the community and ensuring their safety, as well as the risks involved when spontaneous volunteers are under the direction of local government. 

What's the difference between volunteer bushfire fighters and spontaneous volunteers?  

Volunteer bushfire fighters (VBFs)

Under the WHS Act a volunteer is a person who works for an organisation without payment or financial reward (but who may receive out of pocket expenses). The law also recognises volunteers as workers. Meaning the “person conducting a business or undertaking" (PCBU) must provide the same protections to its volunteers as it does to its paid workers. VBF's are registered members of the local governments brigade and participate in training and other requirements to be a brigade member.

Spontaneous volunteers

A spontaneous volunteer is not a registered bushfire brigade volunteer but is usually a member of the community helping in response to an event. These individuals may not have been screened or trained in accordance with procedures.

What are the risks associated with spontaneous volunteers?

Though spontaneous volunteers mean well, they often lack the training and skills compared to those in official firefighter roles. If spontaneous volunteers are directed by the local government or their authorised officer, local governments assume a duty of care under the health and safety laws, posing a significant liability.

Members must therefore assess their risk tolerance toward spontaneous volunteers, considering their responsibilities as a PCBU.

A risk management approach can help manage these challenges by identifying hazards, assessing risks, and implementing control. Tools like a risk matrix and consequences chart can help rank risks from low to extreme, guiding members on making informed decisions thus ensuring safety.

Spontaneous volunteers should only be used for low-risk activities.

Managing spontaneous volunteers: guidelines for members

If, after considering the risks, members decide to direct spontaneous volunteers, they should (at a minimum):

Establish procedures: Ensure that all relevant staff and VBFs are familiar with the procedures for using spontaneous volunteers
Document registration: Record the name and details of each spontaneous volunteer
Assign safe tasks: Allocate only the lowest-risk tasks to spontaneous volunteers and ensure they have the skills and capacity to perform them safely.

If a decision is made not to accept spontaneous volunteers, it should be clearly documented and communicated.

Protections for volunteer bushfire fighters

Under the Bush Fires Act, spontaneous volunteers acting under direction receive the same protection as registered volunteers. As such, LGIS provides coverage for both volunteers and spontaneous volunteers.

The key term here is 'under direction', if the local government has evaluated the risks and decided to use spontaneous volunteers there should be a process in place that records and demonstrates that an authorised officer has provided direction.

Our range of resources has been designed to help you navigate the complexities of protecting volunteer bushfire fighters.

For more information, please contact your account manager.