Civil Liability Act 2003 (Qld): Volunteer Protection

How Queensland law protects volunteers from personal liability, what "good faith" means, and where the protection stops.

Section 39 of the Civil Liability Act 2003 (Qld) says a volunteer "does not incur any personal civil liability" for acts done in good faith in community work for a community organisation, or as an office holder of one.

That means a volunteer is not personally liable. It does not mean nobody can bring a claim.

The Act lists limits: criminal acts, being drunk and careless, acting outside what the club authorised, and car accidents covered by CTP.

The club's insurance is a separate thing.

This guide is for volunteer committee members and helpers at Queensland croquet clubs. It explains the law in general terms; it is not legal advice for a particular case.

How clubs do it

Committees commonly make decisions by a vote recorded in the minutes, so no decision rests on one person.
Members declare any conflict of interest, and the minutes record it.
Committees find out the facts before deciding, and keep any professional advice on file.
Volunteers keep to the jobs the club has asked them to do.

Who the protection covers

A croquet club incorporated under the Associations Incorporation Act 1981 (Qld) is a community organisation, and its committee members are office holders. A volunteer is someone not paid for the role; being repaid reasonable expenses does not change that.

When s.39 applies to an incorporated club, a claim usually runs against the club itself. That is not a rule written in s.39. It follows from the incorporated club being a separate legal entity.

What "good faith" means

The Act does not define good faith. It is commonly understood to mean acting honestly and in the club's interest, not recklessly, after finding out the facts, with conflicts declared and the club's process followed. It does not mean always being right.

The limits in the Act

s.40: conduct that is a criminal offence.
s.41: being intoxicated and failing to take due care.
s.42: acting outside the activities the club authorised, or against its instructions, when the volunteer knew or ought reasonably to have known.
s.43: a liability that a Queensland law requires the volunteer to be insured against.
s.44: a motor vehicle liability covered by CTP insurance or recoverable from the Nominal Defendant.

Section 39 covers civil liability only. It does not cover penalties under the Associations Incorporation Act 1981.

How records show good faith

If a decision is ever questioned, records show how it was made: minutes recording the decision, conflict declarations, financial statements presented at the AGM, meeting attendance, and any professional advice on file. Section 70J of the Associations Incorporation Act 1981 deals with relying on information or advice.

Insurance is separate

Section 39 is a law and does not depend on any insurance. Separately, Croquet Australia's National Insurance Program, arranged by V-Insurance Group, covers Croquet Australia, the state associations including CAQ, and affiliated clubs. The Clubs Summary of Cover 2025/2026 lists five covers for the 2026 policy year, including Public and Products Liability and Association Liability (Directors and Officers). It is not a CAQ policy. See What your insurance covers for the covers and who to call.

Where this comes from

Civil Liability Act 2003 (Qld), s.39: protection of volunteers
Civil Liability Act 2003 (Qld), ss.40 to 44: the limits
Associations Incorporation Act 1981 (Qld); s.70J: reliance on information or advice
V-Insurance, Clubs Summary of Cover 2025/2026: who is insured and the five covers
What your insurance covers (Club Hub guide)