---
title: "Check section 39 before treating a volunteer as personally protected"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-13-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check section 39 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/queensland  
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 39(1) applies, and reads the exception sections first. Do not use this task for food donation under section 39(2) and (3). 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 | Queensland |
| 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 39(1) 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 39(1) only. Do not use the food-donation subsections for this question.
3. The exception sections after section 39 were not opened. The lawyer reads them before treating section 39(1) as complete.
4. Consider the community organisation as a defendant in its own right. The opened subsection does not say the liability moves to the organisation.

## Notes

- The text of the sections on criminal acts, intoxication, scope of activities, insurance and motor accidents was not opened. Do not say those exceptions do or do not apply.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. 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: The person is described as unpaid and as doing work the organisation organised. The list records those words. It does not say section 39(1) is a complete answer.

**Stop and escalate when**

- The tool is asked to decide the person is protected.
- The facts are about a food donation, which is a different subsection.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 39](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s39.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*