Section 39 of the Civil Liability Act 2003 (Qld) is the legal protection that every QLD croquet club committee member should know about. It says that if you act in good faith as a volunteer officer of a community organisation, you cannot be personally sued for something that goes wrong.
Full text: legislation.qld.gov.au
The law — exact text
Section 39 — Protection of volunteers
(1) A volunteer does not incur any personal civil liability in relation to any act or omission done or made by the volunteer in good faith when doing community work— (a) organised by a community organisation; or (b) as an office holder of a community organisation.
That is the protection. The rest of s.39 covers donated food — not relevant to committee work.
What it means in plain English
If you are a volunteer committee member acting honestly and in the interest of the club, you cannot be personally sued if a decision goes wrong.
The three elements:
| Element | What it means |
|---|---|
| Volunteer | You are not paid for the role (or paid only an honorarium that doesn't constitute commercial remuneration) |
| Good faith | You acted honestly, with genuine belief you were doing the right thing, in the club's interest |
| Office holder of a community organisation | You hold a committee position in an incorporated association |
A croquet club affiliated with CAQ and incorporated under the Associations Incorporation Act 1981 (Qld) is a community organisation. Its committee members are office holders. This section applies to them.
What "good faith" requires
Good faith is not a high bar — but it is a real one. It means:
- You were trying to act in the club's interest, not your own
- You were not reckless or deliberately ignoring obvious risks
- You made a genuine attempt to inform yourself before deciding
- You declared conflicts of interest when they arose
- You followed the club's proper decision-making process (committee vote, minuted)
Good faith does not require you to make the right decision every time. It does not require you to be an expert. It does not require you to predict the future. It requires honest effort and proper process.
What s.39 does NOT protect
Personal liability shifts to the club, not away from it. When a volunteer is protected by s.39, any civil claim arising from that act or omission typically runs against the incorporated club as the principal entity — not against you personally. This is not a separate rule in s.39 itself; it is the practical consequence of the club being a separate legal entity and the volunteer acting on its behalf.
This is why CAQ's D&O and Public Liability insurance matters. The insurance protects the club entity from claims. Your personal protection under s.39 and the club's insurance coverage work together.
s.39 does not protect you from:
| Not covered | Reason |
|---|---|
| Criminal liability | s.39 applies only to civil liability. Under s.40, where conduct constitutes a criminal offence, the s.39 protection does not apply |
| Acting in bad faith | The protection requires good faith — dishonesty, self-dealing, or recklessness disqualifies you |
| Penalties under the Associations Incorporation Act | These are regulatory penalties, not civil liability against you personally |
| Claims where you were the direct cause of harm | Context-dependent — but intentional or grossly negligent conduct can defeat the protection |
How your records activate the protection
Section 39 protects you if you acted in good faith. Your records are what prove you did.
| Record | What it proves |
|---|---|
| Meeting minutes — decision recorded | The committee made an informed, collective decision (not one person acting unilaterally) |
| Conflict of interest declaration in minutes | You identified and managed a potential conflict before deciding |
| Financial statements signed and presented at AGM | The committee exercised its financial oversight obligations |
| Committee meeting attendance | You were engaged, not absent or uninformed |
| Professional advice on file | You sought and acted on qualified expert opinion (s.70J of the Associations Incorporation Act) |
If a decision is ever questioned, the question will be: "Did this committee member act in good faith?" Minutes, declarations, and documented decisions are your answer.
The three-layer protection system
Section 39 is one of three layers protecting QLD club committee members:
| Layer | What it does | Limitation |
|---|---|---|
| s.39 — Civil Liability Act 2003 | Personal immunity from civil liability when acting in good faith | Doesn't protect the club entity; doesn't cover bad faith or criminal conduct |
| Good records — signed minutes, declared conflicts, documented decisions | Evidence that you acted in good faith if a decision is questioned | Only as good as the records you actually keep |
| V-Insurance (CAQ policy) — D&O and Public Liability | Covers the club entity for claims; D&O covers defence costs for committee members | Subject to policy terms; call (02) 8599 8660 if you face a claim |
All three layers are needed. s.39 protects you personally. Insurance protects the club. Records make both protections real.
Sources
- Civil Liability Act 2003 (Qld) — ss.39, 40 — legislation.qld.gov.au | AustLII
- Associations Incorporation Act 1981 (Qld) — s.70J (reliance on advice) — legislation.qld.gov.au
Related
- Legal & Risk — full legal and risk framework for QLD clubs
- Committee — Shared Legal Duties — the four officer duties (ss.70E–70J) that support good faith
- The Act — Overview — the Act that the officer duties come from
- Insurance — CAQ's V-Insurance coverage: D&O and Public Liability