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Project update: Volunteers and the Law
[1 February 2007 | Dr Anton Mischewski, The Centre for Volunteering]
Between August and October 2006, The Centre for Volunteering conducted a survey in NSW about legal resources and information, and the legal needs of not-for-profit (NFP) organisations in the future. Two hundred and eighty-three NFPs answered a telephone questionnaire conducted by ten members of The Centre's volunteer legal research team.
The Law and Justice Foundation of NSW provided funding for the survey and the full results of the survey will be published by The Centre in March 2007.
The main findings of the survey are outlined below:Which groups were interviewed?
The types of organisations surveyed by The Centre follows a similar pattern to those surveyed by the Australian Bureau of Statistics in their studies about volunteering. A healthy response rate of 47% was achieved in The Centre's sample and this response is the likely combination of an appropriate methodology (questioning people on the phone rather than mailing the survey or providing it online) and the importance of legal resources and needs of NFPs.What are the major ongoing legal issues?
A significant majority of NFPs (91%) said that the main legal issues related to the following areas: Occupational Health & Safety, Civil Liability, Personal Accident Insurance, Child Protection, Contracts, Property and Tax.What types of legal resources are currently used?
- 50% of large NFPs (over 100 paid staff) in urban Sydney have access to lawyers within their own organisations.
- Small-to-medium NFPs in urban areas and NFPs in rural areas have access to pro bono lawyers, and search websites for legal information.
- Interestingly, some small-to-medium NFPs in urban areas and NFPs in rural areas also pay for legal services and are less likely to use community legal centres.
- Rural NFPs make use of some government and community websites and non-legal sources such as liaising or talking to colleagues within their own organisation and other organisations and contacting volunteer referral centres for information. This group also does not make much use of pro bono legal services.
- It is a concern that excellent online resources such as Legal Aid and LawAccess are little used by NFPs whether rural or urban.
What are the main barriers for organisations?
- Small-to-medium NFPs in rural areas, compared with large NFPs in Sydney, generally find it difficult to locate up-to-date legal information and resources.
- High legal costs are more likely to affect small-to-medium NFPs in rural areas compared with NFPs in Sydney.
- Lack of specialised legal services on the topic of volunteering and lack of knowledge of services available are the major barriers identified by all organisations.
What types of legal resources would you like to see available in the future?
- 70% of NFPs surveyed want a free online legal website to help them understand and comply with current legislation.
- 61% want a volunteering hotline.
- Rural NFPs would like courses, workshops and seminars about legal issues delivered in their regions.
Conclusion
The survey has pointed out that there are real access barriers to timely and accurate legal resources for NFPs, whether urban or rural. These barriers reveal that staff do not know the full extent of available legal information resources. While many legal websites exist, there is currently no online free 'one-stop shop' website tailored specifically to the needs of NFPs and the volunteering sector in NSW.The Centre has applied for a grant from the Law and Justice Foundation of NSW to produce such a much-needed website. The Centre will know if this grant will be made available by 31 March 2007.