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Where am I now? Lawlink > Anti-Discrimination Board > Publications > Volunteers and voluntary bodies: Are they covered by the ADA? - Equal Time, February 2000
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Volunteers and voluntary bodies: Are they covered by the ADA? - Equal Time, February 2000
 Introduction
Are volunteers covered by the Anti-Discrimination Act 1977 (NSW)
What is a voluntary body?
Do voluntary bodies have to comply with anti-discrimination law?
What about our membership rules?
What about our service delivery?
Can we discriminate on religious grounds?
What if we have received a benefit from a deed or will?
Introduction
People who work as volunteers or who run voluntary bodies often contact the Board for advice about how anti-discrimination law applies to them. Are volunteers covered by the Anti-Discrimination Act 1977 (NSW)
It is against the law for any volunteer to be sexually harassed during their voluntary work.
Because volunteers are not generally regarded as employees, they may not be covered by other parts of the Anti-Discrimination Act. In some circumstances, it may be against the law to discriminate against or harass any volunteer who receives any kind of benefit, that is more than 'out of pocket expenses', in return for their voluntary work.
However, it is good practice not to discriminate against or harass (in any way) any of your volunteer workers, in the same way as the law requires that you must not discriminate against or harass your paid workers.
What is a voluntary body?
The activities of a voluntary body have to be non-profit and the body cannot be established by an Act of Parliament. Examples of voluntary bodies are charities, Rotary clubs, societies, etc.Do voluntary bodies have to comply with anti-discrimination law?
Voluntary bodies must comply with anti-discrimination law in relation to both employment practices and service delivery. In general, they must ensure that there is no unlawful harassment or discrimination in relation to:
- recruitment procedures and decisions
- how people are treated while they are employed
- separation/termination procedures and decisions.
What about our membership rules?
Section 57 of the Anti-Discrimination Act says that non-profit bodies (other than registered clubs, building or friendly societies, credit unions and some cooperative housing societies) can discriminate in relation to their admission to membership and the provision of benefits, facilitates or services to members.What about our service delivery?
In general, if you provide goods, services or accommodation to the community, you must do so in a non-discriminatory manner. This means that you cannot refuse to provide services to a person or group of people because of their age, race, sex, marital status, homsexuality, transgender, disability, or pregnancy. In addition, these things must not influence the type of service you provide or the manner in which you provide the service.
However, if your voluntary organisation (or a part of it) was established specifically to service a particular age group, race or religion, anti-discrimination law says that you can refuse services to people who aren't in that group. Can we discriminate on religious grounds?
Voluntary bodies can require that applicants and employees adhere to certain religious beliefs. If your voluntary body is established to propagate a particular religion, you are exempt from anti-discrimination law in relation to who you actually appoint to do any of your jobs. However, you are only exempt in relation to recruitment. Once people are working for you, in general, you must still comply with anti-discrimination law in relation to all employees' terms and conditions of employment, harassment during employment, and separation/termination decision. You can only discriminate against or harass employees if you can show that this is 'necessary to avoid injury to the religious susceptibilities of the adherents of your religion'.What if we have received a benefit from a deed or will?
Many charitable or voluntary organisations receive money or other benefits from deeds or wills. Sometimes these deeds or wills are very specific about who the money or benefit is to go to. Section 56 of the Anti-Discrimination Act exempts wills, deeds or other legal or equitable instruments which donate charitable benefits from having to comply with the Anti-Discrimination Act. This means that it is perfectly OK to comply with the specific terms of such a will deed or instrument.
Examples of benefits from wills or deeds which could fall within this exception are:
- a university scholarship for women surveyors
- a will which gives a bequest to an HIV/AIDS organisation
- a gift for the establishment of female chair at a university
- a gift to promote a chess tournament for girls under 18.
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