---
title: "Check section 61 before treating a volunteer as personally protected"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-13-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check section 61 before treating a volunteer as personally protected

> List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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). |
| Written for | New South Wales |
| Applies to | [Check a volunteer protection before suing an individual](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual.md) |

## Checking plan

**Verify against sources**

Section 61 says a volunteer does not incur personal civil liability for a good-faith act or omission when doing community work organised by a community organisation, or as an office holder.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Record community work, the organisation, any office, good faith, and payment, each from a document.
2. State section 61 as opened. It protects the volunteer. It does not say the liability attaches to the organisation.
3. The exception sections after section 61 were not opened. The lawyer reads them before treating section 61 as complete.
4. Do not advise from a heading alone. The headings were not the operative text.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. A question whether an individual volunteer is personally liable.

**Deliverable**: A fact list. The lawyer writes the advice on who can be sued.

**Inputs**

- Documents on the organisation and the work
- Any document on payment or an office held

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 61](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s61.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*