Check section 61 before treating a volunteer as personally protected
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected.
- What the lawyer must review
- The lawyer decides whether section 61 applies, and reads the exception sections first.
- Do not treat the opened section as transferring the volunteer's liability to the organisation.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. A question whether an individual volunteer is personally liable.
Produce. A fact list. The lawyer writes the advice on who can be sued.
Have ready. Documents on the organisation and the work; Any document on payment or an office held.
Example of the limit. Illustrative example: Minutes call the person an office holder of a community organisation. The list records that description against section 61. It does not decide an exception.
Stop and hand it back when
- The tool is asked to decide the person is protected.
- The tool is asked to move the liability to the organisation. The opened section does not say that.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Record community work, the organisation, any office, good faith, and payment, each from a document.
- State section 61 as opened. It protects the volunteer. It does not say the liability attaches to the organisation.
- The exception sections after section 61 were not opened. The lawyer reads them before treating section 61 as complete.
- Do not advise from a heading alone. The headings were not the operative text.
Sources
- Civil Liability Act 2002 (NSW) section 61 · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Sections on criminal acts, intoxication, acting outside scope or contrary to instructions, insurance and motor accidents were not opened.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.