Civil Liability Act 1961

51E

F29 [ Protection of volunteers from liability for negligence.

51E. (1) A volunteer shall not be personally liable in negligence for any act done when carrying out voluntary work.

(2) The protection from personal liability conferred on a volunteer by subsection (1) shall not apply to any act done by the volunteer if

( a ) the act was done by the volunteer in bad faith or with gross negligence, or

( b ) the volunteer knew or ought reasonably to have known that the act was

(i) outside the scope of the voluntary work authorised by the volunteer organisation concerned, or

(ii) contrary to the instructions of the volunteer organisation concerned.

(3) An agreement, undertaking or arrangement has no effect to the extent that it provides for a volunteer to give a volunteer organisation an indemnity against, or to make a contribution to a volunteer organisation in relation to, a liability that

( a ) the volunteer would incur for his or her negligence but for the operation of subsection (1) , and

( b ) the volunteer organisation incurs as a result of its vicarious liability for that negligence. ]

Annotations:

Amendments:

F29

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 4, commenced on enactment.