37 protection of volunteers from liability 1 a

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37 Protection of volunteers from liability (1) A volunteer is not liable in any civil proceeding for anything done, or not done, in good faith by him or her in providing a service in relation to community work organised by a community organisation. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to the volunteer attaches instead to the community organisation. 38 Exceptions to section 37(1) (1) Section 37(1) does not apply to a volunteer— (a) who knew, or who ought reasonably to have known, that at the relevant time he or she was acting— (i) outside the scope of the community work organised by the community organisation; or
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(ii) contrary to any instructions given by the community organisation in relation to the providing of the service; or (b) whose ability to provide the service in a proper manner was, at the relevant time, significantly impaired by alcohol or drugs. (2) Section 37(1) also does not apply to a volunteer— (a) in respect of any claim to recover damages in respect of defamation; or (b) in respect of any proceedings that are brought under the Transport Accident Act 1986 . (3) A reference to drugs in subsection (1)(b) does not include a reference to drugs that were taken for a therapeutic purpose or that were not taken voluntarily. (4) A reference to alcohol in subsection (1)(b) does not include a reference to alcohol that was not consumed voluntarily. 39 Provisions concerning the liability of community organisations (1) Section 37(2) does not override any protection from liability that would have applied to a community organisation if the thing done, or not done, by the volunteer had been done, or not done, by the community organisation. (2) If more than one community organisation is involved in organising particular community work, section 37(2) applies to the community organisation or organisations that principally organised that work. (3) In the case of a community organisation that is a public entity or public service body within the meaning of the Public Administration Act 2004 or another person or body acting on behalf of the State, any liability incurred by the community organisation under section 37(2) is incurred by the State. 40 Certain indemnities etc. have no effect An agreement, undertaking or arrangement has no effect to the extent that it provides for a volunteer to give a community organisation an indemnity against, or to make a contribution to a community organisation in relation to, a liability— (a) that the volunteer would incur but for the operation of section 37(1); and (b) that the community organisation incurs under section 37(2). MENTAL HARM In consequential mental harm, the duty of care is really owed on the basis of the original physical injury In the case where there has not been a physical injury (but suffers mental harm due to negligence) the duty of care arises out of the psychiatric harm.
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