---
title: "Check section 37, which moves the volunteer's liability to the organisation"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-13-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check section 37, which moves the volunteer's liability to the organisation

> 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/victoria  
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 the person was a volunteer and whether an exception applies. Read section 38 before treating section 37 as complete. Its text was not opened. 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 | Victoria |
| 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 37 protects a volunteer for a good-faith act or omission in providing a service in relation to community work organised by a community organisation, and attaches that liability to the organisation.

- 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 what the documents say about community work, the organisation, good faith, and whether the person was paid.
2. Section 37(1) is the protection. Section 37(2) says liability that would have attached to the volunteer attaches instead to the community organisation.
3. The next section is section 38, headed on the opened page as inserted after section 37. Its text was not opened.
4. Do not advise that the organisation cannot be sued. The opened subsection moves the liability to it.

## Notes

- The lawyer reads section 38, the exceptions, before treating the protection as complete.
- If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.

## Practical guide

Jurisdiction: Victoria. A question whether an individual volunteer is personally liable.

**Deliverable**: A fact list on the volunteer and the organisation. The lawyer writes the advice.

**Inputs**

- Documents on the organisation and the work
- Any document on payment
- Any document on good faith

**Example**: Illustrative example: A roster calls the person a volunteer and names the organisation. The list records both. It does not say the person is protected, because section 38 has not been read.

**Stop and escalate when**

- The tool is asked to decide the person is protected.
- Section 38 is being treated as read when it was not.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 37](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s37.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*