Frank

can we get any second opinions apart from Teys Lawyers ?  – it seems to me harsh and unconscionable that unpaid part-time amateur volunteers who donate their time and effort freely out of the kindness of their heart and for no financial reward should be threatened with 5 year jail terms and $600,000 fines.

My reading of the spirit of the legislation is that volunteers should be encouraged, not discouraged, so should be exempt from this sort of threatened 'criminal' punishment.

since this article appeared in the Sydney Morning Herald on 22/2/12 https://smh.domain.com.au/real-estate-news/unsafe-apartment-owners-face-jail-and-fines-20120220-1tjp2.html I have twice received requests from a resident in my complex including reference to $600,000 fines and/or 5 years jail sentences for individual strata committee members as a thinly-veiled threat towards getting what they want, in this case an additional light in their stairwell.

the second request included this link /wp-content/uploads/2012/02/WHS-FAQ-Sheet-Jan-2012.pdf on the same topic.

My problem is it seems extremely unfair and unreasonable to me as an unpaid volunteer that people can now demand things of me, and attach 'oh by and way – there's a potential $600,000 fine and 5 years jail sentence for you if you don't do what I'm asking'.

So I had a look at the legislation and below is what I found.

Explanatory notes basically saying that volunteers should be exempt – yet Teys Lawyers claiming (I presume from section 28 and 29) that it might still apply to me.
 
My reading of the Work Health and Safety Act 2011 (NSW) (WHS Act) in https://www.legislation.nsw.gov.au/inforcepdf/2011-10.pdf?id=f8df8095-a335-66a0-8828-f33d06042cb9 suggests this refers to work places, and with the exception of paid workers such as cleaners, gardeners and visiting tradespeople in our common areas (our 2 commercial business shops should be responsible for their own internal practices), I believe a resident would not be defined as a worker, and a residence would not be defined as a workplace.  Section 34 (1) says 'A volunteer does not commit an offence … except … under Section 28 or 29'.
Section 28 Duties of workers starts 'while at work, a worker must: (b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons'.  I imagine a residence is not usually defined as a workplace, so volunteers are intended to be generally immune from prosecution.
Section 29 Duties of other persons at the workplace – similar to above, but for non-workers.

In https://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/5016501b29e8ae50ca2578860020c73e/$FILE/WORK%20HEALTH%20AND%20OHS%20BILL%202011.pdf about this law the speaker, agreeing in principle, repeats the phrase 'work health and safety' which to my mind refers to workers, not residents.  But the key element in my mind is 'Volunteer officers are immune from prosecution for offences committed in their capacity as an officer.  This is an important element for those performing socially valuable work in the community: it enables them to undertake that work in good faith, without fear of prosecution.'

The Occupational Health and Safety Amendment Act 2011 in (NSW) https://www.legislation.nsw.gov.au/sessionalview/sessional/act/2011-11.pdf similarly, in section 26 (5) states 'An officer of a corporation who is a volunteer is not liable to be prosecuted under this section for anything done or omitted to be done by the person as a volunteer.'

The explanatory notes for this legislation include 'Proposed section 26 also provides that an officer who is a volunteer (that is, a person who does community work on a voluntary basis as defined in the Civil Liability Act 2002) is not liable to be prosecuted under the section.'https://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/0/5016501B29E8AE50CA2578860020C73E?Open&shownotes

referring back to the Civil Liability Act 2002 – Sect 61 Protection of volunteers https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s61.html – 'A volunteer does not incur any personal civil liability in respect of any act or omission done or made by the volunteer in good faith when doing community work: (a) organised by a community organisation, or (b) as an office holder of a community organisation.'

I would like to believe and it seems only reasonable from the above and common sense, that as a volunteer – I should not be fined or go to jail soon as a result of my volunteer efforts.

If volunteers risk jail and huge fines – that would be a major deterrent from anyone ever volunteering for anything.  I can't believe that is the intended outcome of this legislation.

I don't know if this is some attempt by NSW govt to shift the cost burden of personal injury liability claims onto private people, or a beatup by lawyers to attract clients.

But the suggestions repeated in the media are quite scary – can anyone venture an opinion in support of my preference ?