Be clear on the reason it’s unpaid
Done right, unpaid work arrangements can benefit individuals and workplaces.
But relying on unpaid and underpaid work in the place of paid work is unfair and unsustainable. It can also be illegal.
Before your business or organisation engages someone in an unpaid work arrangement, you need to make sure the arrangement:
- is beneficial to the person or broader community
- is lawful
- is not related to avoiding workplace law obligations
- recognises that a person can choose whether to work or not.
Learn more about:
Work out what the person will be doing
A work plan, duties statement, or scope of work can help your organisation identify what work the person will perform.
This work should support the purpose of the unpaid arrangement — which should benefit the person or community not just the organisation. Learn more above about being clear on the reason it's unpaid.
Identifying the work means thinking about:
- the tasks or duties the person will be doing — these must support the purpose of the unpaid work arrangement
- the skills required, or that may be developed through the unpaid work arrangement
- who will supervise or support the person — this is especially important for student work experience
- how the person or community will benefit from the arrangement.
You can share this information with your new person before they start so they know what they are agreeing to.
Communicating the role to your new person
We recommend that organisations confirm their arrangement with the person in writing.
It doesn’t need to be a contract. It can just be a document confirming some important features about the arrangement.
It can include:
- that the work arrangement is not an employment relationship
- that the work is not being paid
- the reason for the work arrangement — learn more above about being clear on the reason it’s unpaid
- the duties or tasks of the person — learn more above about working out what the person will be doing
- how expenses will be managed — for example, who pays for travel, meals, etc.
A document you have shared and agreed on can help prevent miscommunication and disputes or problems later.
Make sure people from all backgrounds can participate
For arts and culture to be its best – and to be relevant to contemporary Australia – it needs to be accessible. Australians of all backgrounds and experiences need to be able to participate.
— Equity and diversity
Creative Australia
Promoting fair creative workplaces also includes finding ways to make sure people from all backgrounds can participate.
- Anti-discrimination laws can apply to people in unpaid work arrangements. Learn more about workplace discrimination.
- If you are engaging in targeted engagement for volunteers who have particular attributes, make sure it is in accordance with anti-discrimination laws.
- Think about how your organisation can support people with disability to participate in volunteer work and other unpaid arrangements. Learn more about accessible workplaces.
- It’s ok to engage people based on word-of-mouth or because you know them, but decisions that are not open and transparent can be vulnerable to bias. Much of our information about finding someone to do the work can apply to unpaid workers too.
Not everyone can afford to work without pay
Promoting fair creative workplaces includes reducing barriers to entry and finding ways to make sure people from all socio-economic backgrounds can participate.
Learn more about paying work experience workers and interns.
Make sure you have insurance, license and authorisations in place
For volunteers
You may need to get certain types of insurance before you engage volunteers. This may be in addition to other business insurance.
Workers compensation insurance
Volunteers are often not covered by workers compensation insurance arrangements.
To be sure, check with your state or territory workers compensation insurance regulator.
You can also download Safe Work Australia’s comparison of workers compensations.
Learn more about workers compensation insurance.
Volunteer insurance
If volunteers are not covered by your organisation’s workers compensation insurance arrangements, you can choose to take our separate voluntary worker insurance (also called volunteer insurance).
Having voluntary worker insurance is good practice. It can help protect both your organisation and the volunteer if they become ill or injured because of their voluntary work. It can also help attract more volunteers to your organisation.
Volunteering Australia has helpful information on volunteer insurance.
For students and interns on work experience placements
Each state and territory has different insurance requirements for organisations who host students and interns to do unpaid work on work experience programs. You’ll need to know and arrange this before they start.
It’s better not to assume that somebody else is responsible for insurance for students and interns.
Workers compensation insurance or public liability insurance
Some states require workers compensation or public liability insurance to be held by:
- the educational institution of the student
- the state or territory government’s department of education facilitating the work experience placement
- the host organisation or business who will be receiving the work experience placement
- the student (or their family) for certain types of work experience, for example, involving interstate travel.
To find out:
- contact your state or territory workers compensation insurance regulator, and
- speak to the educational institution.
Insurance as part of formal work experience programs
Work experience students who are part of a formal work experience program may be insured for accidents in your workplace by their educational institution (or government body).
This can vary depending on which state or territory you are in. It’s a good idea to:
- check what insurance arrangements are in place with the student’s educational institution or governing body
- get documentation from the educational institution or governing body confirming the arrangements.
Arrangements with other organisations such as an educational institution
Many formal work experience or industry placement programs are connected to educational institutions.
Before your work experience student starts, check whether the student’s educational institution requires you to:
- provide or disclose certain information
- have certain arrangements in place to support the work experience program, such as a nominated supervisor, or pre-approved work plan
- keep certain records.
Keep children and young people safe
Screening (checking) volunteers and other people in unpaid roles who may engage with children or young people is an important way that organisations and businesses can protect against harm and abuse.
Generally, unpaid workers and volunteers who engage with children or young people must have a valid Working With Children Check (or equivalent).
Some unpaid workers and volunteers may be exempt from this. For example:
- if they are a parent or carer of a child participating in a program by the creative business or organisation, or
- if they only work with children a few times a year.
Each state and territory has its own rules. It's important to understand the rules that apply where you are.
Learn more about screening (checking) people working with children.
You should also consider what qualifications, training, relevant experience and personal qualities make a person suitable to work with children.
Before taking on a volunteer or other unpaid person in your organisation — especially if they will engage with children and young people in high risk environments and activities such as dressing rooms, backstage areas, travel, tours and overnight stays — it is good practice to:
- make enquiries into any history of work involving children
- make enquiries about any unusual gaps in their work history.
- do reference checks.
Learn more about common safety issues for children and young people in the arts.
Volunteers and work experience students who are under 18
Young people are particularly vulnerable to harm in the workplace. Organisations and businesses have legal obligations to create a safe workplace for them.
There are things your organisations need to know and do:
- before having children or young people in your workplaces, as well as
- when they are there.
Learn more about creating safe workplaces for children and young people.
