All SLSNSW members have a shared duty of care under Australia’s WHS legislation to ensure the health and safety of themselves and others within their SLSCs, so far is reasonably practicable. Australia’s WHS legislation also sets out requirements for all SLS members to create a positive culture towards the health and safety of volunteers, staff and the public.
You and your SLSC should ensure the highest standards of health and safety for all volunteers and anyone affected by what we do. Under the WHS Act 2011, it is your responsibility to honour both your legal and ethical duties to health and safety within SLSCs and while participating in any SLSC activities. This responsibility includes contributing to a culture of SAFETY FIRST!
Work health and safety is not a separate issue to be managed but is an integral part of all SLSNSW activities. WHS is especially relevant to members holding leadership roles in their SLSC or branch, as SafeWork NSW (previously WorkCover NSW) has classified all SLSCs in NSW as a Person in Control of Business or Undertaking (PCBU) for the purposes of the Work Health and Safety Act 2011. This classification means that as a PCBU, SLSC officers have a primary duty of care to ensure workers (including both paid and volunteer workers) and others are not exposed to risks to their health or safety.
Under the WHS Act, volunteers are regarded as workers. This definition means that you also have health and safety duties under WHS Act when volunteering. If you break the law by failing to meet your workplace health and safety obligations, the government can impose penalties, and/or the SLSC can face prosecution.
As per the WHS Act 2011, if you breach your health and safety duty, you may be liable for penalties that come under one of the following three categories of offence.
- Category 1
- Breach of a health and safety duty involving recklessness as to the risk of death or serious injury or illness without reasonable excuse.
- Category 2
- Breach of a health and safety duty that exposes an individual to death or serious injury or illness (without recklessness).
- Category 3
- Other breaches of health and safety duties.