Managing risks, including insurance, record-keeping, privacy and confidentiality and conflicts of interest are a critical part of managing volunteers. This information should be considered when developing orientation and induction training information and training in occupational health and safety, manual handling, fire and evacuation procedures and other relevant organisational information. Agencies should implement a systematic approach to identifying and managing key risk exposures to remove the necessity to rely on insurance alone.
Table of contents:
Developing a risk register
To develop a risk register you need to identify what would significantly impact on the organisation achieving its objectives. Questions to be considered include:
- what is the source of the risk?
- what might happen that could:
- prevent objectives being achieved
- lessen the effectiveness or efficiency of the outcomes
- produce additional benefits
- effect the health, safety and personal satisfaction of volunteers
- when, where, why and how are these risks likely to occur?
- who might be involved or impacted?
The newly released Standard on risk management AS/NZS ISO 31000:2009 Risk management – Principles and guidelines outlines seven key elements when undertaking the risk management process:
- establish the context
- identify risks
- analyse risks
- evaluate risks
- treat risks
- communicate and consult
- monitor and review.
Under the Financial Accountability Act 2009 , agencies are required to establish and maintain appropriate systems of internal control and risk management. The Financial and Performance Management Standard 2009 and the Financial Accountability Regulation 2009 further specify agencies' requirements in relation to risk management.
Insurance
It is critical that agencies familiarise themselves with their insurance policies before engaging volunteers, in particular, specific cover requirements and exclusions. The structure and activities of an agency's volunteer program should be clearly explained to its insurance provider to ensure adequate cover is provided for its volunteers.
Queensland Government Insurance Fund (QGIF) offers a range of insurance classes to its insured agencies:
- property
- business interruption
- general liability
- professional indemnity
- health litigation (Queensland Health only)
- personal accident and illness insurance for volunteers and board members
- aviation hull and liability
- marine hull and liability.
Participation in QGIF is restricted to state government agencies and statutory bodies may participate subject to approval by Queensland Treasury. Not all types of insurance are available from QGIF. It is important to note that QGIF does not provide insurance cover to non-state government entities.
If particular activities are excluded from coverage, or other conditions apply — for example, some insurers may not cover people beyond a certain age — an agency will need to restructure its insurance arrangements or volunteer program to avoid exposing the government to unnecessary risk. The Civil Liability Act 2003 does not cover personal injuries suffered by a volunteer.
To assist not-for-profit organisations, Aon Risk Services was appointed by the Queensland Government to provide insurance advice to not-for-profit organisations in relation to what insurance is available on the domestic and international markets.
New work health and safety laws
Nationally harmonious work health and safety laws commenced on 1 January 2012. The Queensland Work Health and Safety Act (2011) reflects the national model.
The Department of Justice and Attorney-General has prepared a variety of materials about the new laws for non-profit organisations and volunteers:
- Not-for-profit organisations fact sheet
- Information for volunteers
- Public events fact sheet
- Frequently Asked Questions
To find out more visit the new work health and safety laws website.
Safe Work Australia has also developed detailed fact sheets for volunteers and volunteer organisations:
- Volunteers and the model Work Health and Safety Act - Legislative Fact Sheet Series
- Volunteer ‘officers’ and their duties under the model Work Health and Safety Act - Legislative Fact Sheet Series
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Volunteer organisations and the model Work Health and Safety Act - Legislative Fact Sheet Series
Other information on work health and safety can be found on the Safe Work Australia website.
Documentation and record-keeping
All volunteer programs need an efficient way to collect, store and retrieve essential data and information about the program. Personal data about individual volunteers must also be collected, maintained and kept confidential.
A good record-keeping process not only supports risk management but also supports the monitoring and performance of a volunteer program.
A volunteer record can include:
- an application form
- a job description
- emergency telephone numbers
- details of next of kin
- screening check results, including identification checks
- attendance records
- training records including code of conduct and workplace health and safety
- record of appraisal interviews
- incident/accident reports.
Some agencies use their existing payroll systems to capture volunteer information, categorising volunteer positions as 'unfunded positions'. The length of time records are kept is largely up to the agency to determine, keeping in mind the relevance of records to the business of the agency. Agencies may wish to liaise with their human resource areas and information management specialists about the best way to record and maintain volunteer information.
Screening
The main aim of screening processes is to identify volunteers whose backgrounds may indicate they are unsuitable or unsafe for the role. Criminal history screening however, is only one safeguard and risk management strategies must be in place to complement screening regimes and to prevent harm to clients.
Agencies are responsible for organising the correct checks for their volunteers. Volunteers may be required to complete particular checks dependent on the legislative framework relevant to the specific agency as well as the volunteer activity.
The main checks for volunteers are a criminal history check and the blue card screening check conducted by the Commission for Children and Young People and Child Guardian .
Blue card screening is free of charge for volunteers. There is a prescribed application fee for paid employees or volunteers transitioning into regulated child-related employment.
If a person originally obtained their blue card as a volunteer and subsequently uses that blue card for child-related paid work, they need to transfer their volunteer card to a paid blue card. This can be done by submitting a 'Volunteer to paid employment transfer' form accompanied by the prescribed fee. The blue card holder will then be issued with a new paid blue card that is valid for an additional three years.
Volunteers who are involved in any kind of building or construction work will need a general construction induction card which was previously referred to as a blue card. Additionally, dependent on the volunteer activity, agencies may need volunteers to provide proof of age, a drivers' licence or other qualifications.
Who needs a blue card?
People providing certain essential and developmentally focused child-related services regulated by the specific categories in the Commission for Children and Young People's Act are required to hold a blue card.
The categories of employment regulated by the Commission's Act are:
- residential facilities
- schools – boarding facilities
- schools – employees other than teachers and parents
- child care
- churches, clubs and associations involving children
- health, counselling and support services
- private teaching, coaching or tutoring
- education programs conducted outside of school
- child accommodation services including home stays
- religious representatives
- sport and recreation
- emergency services cadet program
- school crossing supervisors
- care of children under the Child Protection Act 1999 .
Case study:
Queensland Government volunteers
Changes were also made to the Public Service Act 2008 as part of the recent legislative amendments which impact on blue card screening requirements for government employees (including volunteers).
Chief executives of government agencies can make a discretionary decision under a directive issued by the Public Service Chief Executive to request that employees (including volunteers) undergo blue card screening where their duties are not regulated by the blue card system but where they are considered to be child-related under section 156 of the PSA. Check with your department as each department will determine how it uses this provision.
The Commission has an information sheet and other resources which have been specifically developed for government employees which outlines these changes in more detail.
Who does not need a blue card?
There are specific exemptions under each category of regulated employment. It is important to make sure that agencies check the correct category for volunteers to ensure that exemptions are correctly applied.
There is a general exemption across all categories for registered health practitioners performing duties that are relevant to their professional registration e.g. a nurse providing nursing services or a physiotherapist performing massage.
Exemption notices for registered teachers and police officers
Registered teachers and police officers no longer apply for a blue card but will need to apply for an exemption notice when performing duties that are outside of their professional duties e.g. volunteering as a children's sporting coach.
The exemption notice is valid for all types of child-related employment including paid work and volunteering. There is no charge to apply.
Volunteers working with people with a disability
People with a disability can be more vulnerable to abuse, neglect and exploitation than other members of the community. The Disability Services Act 2006 introduced criminal history screening for all people engaged by a funded non-government service provider. The Act makes it unlawful for a person to work or volunteer for a funded non-government service provider at a service outlet without an application being made for a criminal history check.
Under the Act, all workers and volunteers must undergo criminal history screening every three years. People working in funded non-government service providers will be issued with a positive notice card (yellow card) that verifies they have had a criminal history screening within the past three years.
From 1 July 2010:
- People working with children with a disability will be screened by the Commission through the blue card system.
- People working in a disability service outlet of the Department of Communities or one of its funded non-government disability service providers will continue to be screened through the yellow card system.
- People who hold a blue card can use their blue card to work with adults with a disability in a funded non-government service provider, however, they must apply for a yellow card exemption from the Department of Communities, Disability and Community Care Services.
For the most up-to-date information on blue cards contact the Commission for Children and Young People's Blue Card Contact Centre on 1800 113 611 (Free call).
Police checks
A police check is required for volunteers working in aged care services. Queensland Health bears the cost for volunteers in Queensland Health owned aged care services.
Organisations that wish to include police checks in their risk management strategies may request these through Queensland Police.
Privacy and confidentiality
Volunteers may be exposed to private and confidential information relating to the operations of government agencies. The inappropriate disclosure of such confidential information can potentially expose the agency, the government and the volunteer to repercussions ranging from embarrassment to legal liability.
Precautions that can be taken by agencies include:
- specific confidentiality or non-disclosure agreements
- specific conditions in a volunteer code of conduct
- communicating the importance of maintaining the confidentiality to the volunteer, and
- limiting potential exposure to confidential or sensitive information.
Agencies should also take care to ensure the personal privacy of volunteers.
For more information, please see the Privacy section under Managing Legal Obligations.
Conflicts of interest
Situations may arise where volunteers can access or influence information that is of commercial, financial or other benefit to themselves, their families or other contacts, or which may have negative impacts on them.
Agencies should assess the potential for such conflicts of interest to arise. In an instance where conflict is likely, details of potential issues should be clearly documented and measures put in place to manage the risk as well as clear processes for volunteers to declare potential conflicts of interest to the agency.
Alternatively, agencies may decide not to place volunteers in situations that could compromise their interests.
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