Casual Hands

Casual Hands Volunteer Agreement

The purpose of this agreement is to set out the rights and obligations of your volunteer position with Temp Extras Agency Pty Ltd (ABN: 39 168 189 615) (Organisation). The Event is VIVID Sydney (the Event) that is planned to be held from 24 May 2024 to 15 June 2024 (as may be amended by the organiser).

By signing this agreement, you (Volunteer) are acknowledging and agreeing that you have read this agreement and its terms and that you understand the agreement and its terms.

1. Volunteer Selection

The Organisation may, at its sole discretion, select the Volunteer for the provision of any voluntary services for any or all of the Event (Voluntary Services). The Volunteer acknowledges and agrees that the Organisation gives no guarantee or representation that the Volunteer will be:

  • invited for an interview for the provision of the Voluntary Services;

  • selected to provide any Voluntary Services at any Event; or

  • given any specific role or position as part of the Voluntary Services.

If the Volunteer is selected by the Organisation to provide any Voluntary Services, the Volunteer:

  • shall respond in a timely manner to such invitation confirming the Volunteer’s ability or inability to provide the Voluntary Services required;

  • acknowledges that participation in any of the Events is conditional upon the Volunteer accepting and abiding by the applicable terms and conditions as notified by the Organisation from time to time. 

  • The Organisation reserves the right to refuse any Volunteer or proposed Volunteer’s application to participate in the volunteer programme for any reason, including if the Volunteer fails to meet the Organisation or the client’s security requirements and/or standards, or if the Volunteer fails to pass any other checks performed by the relevant authorities in the State of New South Wales.

  • acknowledges there is no guarantee of shifts being made available during the event. The Organisation reserves the right to ask any Volunteer to leave their shift or not schedule any further shifts for any reason, especially if they fail to comply with the Code of Conduct.

2. Your engagement as a volunteer (not an employee)

You are not entitled to be paid for volunteer shifts. You agree that you understand that neither you nor the Organisation intend to enter into an employment relationship of any kind, including but not limited to an employer-employee arrangement or contract for services, when you are offered and accept shifts for volunteer positions.

This means that any rights or obligations arising as a result of this agreement, including those necessary to protect the interests of the Organisation, do not extend to or create any legally binding relationship that could be characterised as or for the purposes of employment. By entering this agreement, you agree that you are not volunteering for consideration, there is no mutual obligation to perform volunteer tasks and there is no certainty or completeness as to the provision of volunteer tasks with the Organisation.

As a volunteer you are expected to perform all duties as instructed, understanding that you will not receive remuneration or payment for any tasks performed as a volunteer. Because there is no employment relationship, either you or the Organisation may terminate this agreement at any time without cause or for any reason.

You may be reimbursed for all reasonably incurred expenses, provided they are agreed to in advance in writing with an authorised employee of the Organisation. You agree that any reimbursement is not remuneration, wages or otherwise a payment for volunteering and is exclusively for the purpose of ensuring that you are not disadvantaged in your engagement as a volunteer.

You acknowledge your job description and shift roster will be available online via the Organisation’s Luigi Jobs software platform. As a volunteer with the Organisation, you are required to use the Luigi Jobs software platform, which is also used for providing services relating to paid employment. You agree that the use of this platform is for the express purpose of administering the volunteer engagement between you and the Organisation and that no inference shall be drawn that the engagement is anything other than a volunteer engagement, either express or implied, when accepting any shift identified as volunteer. You recognise that because of the use of Luigi Jobs as a mixed platform, there will be the use of language or terms which may otherwise be used in relation to paid employment, but no inference will be drawn because of the language on the platform for roles identified as volunteer. Your use of Luigi Jobs software platform is subject to Luigi platform Terms of Use as published on the said platform and as maybe amended by us from time to time.

You may separately nominate or register for paid employment opportunities with Casual Hands, but this will be a separate and distinct engagement. 

You understand that all volunteers attending the event are subject to this Agreement and any directions from the Organisation’s representative or designated event official.

3. Your volunteer role

As a Volunteer at VIVID Sydney, you will be responsible for providing exceptional customer service to visitors and creating a welcoming and hospitable atmosphere during the Event. This role requires excellent communication skills, a positive attitude, and a willingness to assist visitors in accessing the event program and Vivid Light Walk map available on the Vivid Sydney website or by scanning the QR code. Additionally, you will be responsible for ensuring the safety of visitors by assisting with crowd control and enforcing physical distancing measures. You will also be responsible for managing queues, ensuring that they do not block footpaths or doorways, and for assisting with any other duties related to the delivery of a safe and enjoyable event experience.

As a volunteer for the Organisation, you are required to only perform the tasks that are set out for the volunteer role or as instructed by an authorised employee of the Organisation. Volunteers performing tasks in good faith may not incur personal civil liability in NSW because of the Civil Liability Act 2002 (NSW). If you perform tasks otherwise than in accordance with the position description or other instruction of an authorised employee of the organisation, you may be at risk of attracting personal civil liability for an act or omission that is not protected by law or by any insurance cover provided by the Organisation.

4. Contact Person

Your contact person at the Organisation will be Vinicius Petrocelli (02 7912 0040). If you have any questions or concerns about volunteering, your health and safety, or if you require assistance to undertake your role, please contact the Contact Person immediately.

5. Work Health and Safety

The Organisation has a number of duties under work health and safety legislation to provide a safe working environment, including for those volunteers performing tasks for the Organisation. As a volunteer you are expected to take all reasonably practicable steps to ensure the physical and mental health and safety of yourself, other volunteers, employees of the organisation and other persons that you engage with when volunteering. 

You agree to comply with all WHS requirements and Emergency procedures as detailed in the WHS procedures, inductions and briefing documents. You agree toexercise reasonable care when performing any tasks in a way that ensures the health and safety of yourself and others. You must assist the organisation to comply with its obligations by following all reasonable instructions, notify the organisation of any health and safety concerns that you become aware of and by familiarising yourself with and complying with all of the Organisation’s and the organiser’s of the Event policies and procedures, including as updated from time to time, at all times.

6. Volunteer training

Before volunteering for the Organisation, you agree to complete all compulsory inductions and training. If you are aware that you have not completed any required induction or training, you must stop or not commence any already commenced volunteer tasks and immediately notify the Contact Person. 

You will receive training about the Organisation’s policies and procedures and any that apply to the client for whom the work is performed. Before completing any volunteer tasks, you are expected to familiarise yourself with and understand the requirements of these policies and procedures. If you do not understand or cannot comply with the policies or procedures, you must stop or not commence  any already commenced volunteer tasks and immediately notify the Contact Person. 

As a part of your training, you may be eligible for training credits through the Organisation’s registered training organisation (RTO). As a volunteer, you acknowledge that you are not committing to perform volunteer work in exchange for this benefit, which is not an entitlement, and that this benefit if provided to you is on an ex-gratia basis by the Organisation, and that the Organisation may refuse, revoke or cease providing training credits at any time without further notice to you. If you elect to receive training credits, you agree to the Organisation doing all things necessary to provide you with the training credits, including providing your personal information to the RTO.

7. Volunteer information

The Organisation may request the following information (Personal Data) at any time prior to or during your engagement as a volunteer:

  • the Volunteer’s ID (passport, drivers licence, etc), name, email address, address, date of birth, languages spoken, address and telephone number;

  • the Volunteer’s emergency contact’s name, email address, address and telephone number;

  • the image of the Volunteer, which is submitted as part of the registration process and site sign in for the volunteer programme;

  • certificates, licences and any clearance documents such as Working with Children and Police Checks;

  • if the Volunteer consents, sensitive personal information which is exposed by the image of the Volunteer submitted as part of the volunteer programme registration, for example disability, health conditions and/or race;

  • if the Volunteer consents, health data submitted by the Volunteer as part of the volunteer programme registration process;

  • records of correspondences between the Organisation and the Volunteer by post, telephone, email or SMS; 

  • information that the Volunteer Website and/or other systems collect about the Volunteer, including details of the Volunteer’s visits to the Volunteer Website including, but not limited to, internet protocol (IP) address, traffic data, location data, weblogs and other communication data;

  • information concerning the Volunteer’s attendance and performance in all activities related to the Voluntary Services, including availability, attendance and performance of the Volunteer during interviews and trainings where applicable; and

  • any other personal information or data reasonably required for the purposes of this Agreement or otherwise in connection with your engagement by the Organisation.

You acknowledge you will need to provide a Working with Children (WWC) clearance number to the Organisation and without your WWC number, you understand that you will not be permitted to volunteer. You may also be requested to provide a current police check.

The Organisation may also request other information from you from time-to-time. You agree that all information that you provide is done so in good faith and that the information you provide is accurate and truthful to the best of your knowledge.

Your information is dealt with and stored in accordance with the Organisation’s privacy policy and Luigi Jobs’ privacy policy. You also agree that the Organisation may use your information to promote other engagement opportunities to you from time to time, including volunteer and paid engagements that do not relate to this agreement.

The Organisation may process the Personal Data:

  • to select, assign and deploy the Volunteer; 

  • to perform background checks and issue the Volunteer’s accreditations;

  • to provide uniforms; 

  • to provide transportation services to the Volunteer, if needed;

  • at the Organisation’s entire and sole discretion, to reward the Volunteer at the end of the event;

  • to provide the Volunteer with specific training in accordance to the respective role; 

  • to communicate with the Volunteer in the context of the Events; and

  • for any other reason deemed necessary by the Organisation to ensure the efficient provision of the Voluntary Services by the Volunteer; 

  • for reporting purposes and any contract related communication required by the event organiser and/or client; 

  • for other purposes set out in the Organisation’s Privacy Policy; and

  • following the event, the Organisation will retain the Volunteer’s Personal Data and shall use it to maintain a continuous relationship with the Volunteer, to manage the possible participation of the Volunteer in future events at which the Organisation is required to provide volunteers and/or other paid workers and for other purposes set out in the Organisations Privacy Policy.

You acknowledge and agree that the Organisation may, pursuant to its contractual obligations, share your Personal Data with Destination NSW or other Event organisers, or their respective services providers, and the Organisation will not be in control of or responsible for the privacy practices of such entities.

8. Insurance/Indemnity 

The organisation provides insurance that covers tasks performed by volunteers at the direction of the organisation, including Voluntary Workers Accident insurance that may cover limited medical expenses for bodily injury you receive while volunteering. 

You are required to report any adverse incidents to the Contact Person immediately upon the incident occurring or you becoming aware of the incident. Failing to report an incident in a timely manner or at all can mean that you are not covered by our insurance policies.

Additionally, you may not be or are unlikely to be covered by our insurance policies where you:

  • fail to act in accordance with this agreement including your position description;

  • fail to act in accordance with the Organisation’s policies and procedures;

  • are intoxicated;

  • engage in criminal conduct;

  • are deliberately reckless, careless or otherwise negligent;

  • fail to perform tasks with due care and skill.

You will indemnify the Organisation against all claims arising out of your participation at the event and such claims include all action suits costs claims demands brought against the Organisation by any person, firm or corporation arising out of any negligent or improper act or omission by you. You understand that your liability in indemnifying the Organisation shall be reduced proportionately to the extent that any negligent act or omission of the Organisation may have contributed to the claim.

9. Confidential Information

You agree not to use any of the confidential or privileged information that you may acquire prior or during the event in any manner that may injure or cause loss to the Organisation and/or the event organiser.

  • The Volunteer undertakes to not disclose at any time to any person or entity, either during or after the provision of the Voluntary Services any information (whether confidential or otherwise) disclosed to it by the Organisation and/or the event organiser concerning the Events, the business or affairs of the Organisation and/or event organiser including information relating to their operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers (Confidential Information), except as permitted by these Volunteer Terms and Conditions.

  • If the Volunteer discovers that he/she has used, disclosed or copied any Confidential Information in breach of these Volunteer Terms and Conditions, he/she shall immediately notify the Organisation in writing.

  • The Volunteer may disclose Confidential Information if:

    • permitted in writing by the Organisation and/or the event organiser (as applicable);

    • as may be required by law, court order or by any governmental or regulatory authority or any securities exchange to which the Volunteer is subject or submits; or

    • to the extent the Confidential Information has become publicly available or generally known to the public at the time of the disclosure other than as a result of a breach of these Volunteer Terms and Conditions.

  • The Organisation shall at all times remain the sole owner of their Confidential Information. If requested by the Organisation and/or the event organiser (as applicable), the Volunteer will promptly destroy or return any of the Confidential Information (if any) and certify in writing that they have complied with the confidentiality obligations contained in these Volunteer Terms and Conditions.

10. Intellectual Property

By signing this agreement you agree that, as between you and the Organisation, all intellectual property created in the course of your engagement as a volunteer for the Organisation is the property of the Organisation and that you will transfer all intellectual property rights and interests (including copyright) to the Organisation or any other persons nominated by the Organisation and do all other things reasonably required to give effect to this clause. To the extent that such claims can be excluded by law, you agree that you will not bring any claim relating to any alleged infringement of intellectual property, copyright or moral rights relating to any property created during your engagement as a volunteer with the organisation.

11. General 

  • You confirm you are fit for the purpose of performing your tasks at the event. You have no known physical or mental condition likely to affect your performance.

  • You acknowledge the Organisation is not responsible for your personal property and the Organisation is under no liability in respect of any loss or damage caused to your personal property.

  • You agree to adhere to the conditions of entry to any venue or location you may be asked to undertake Voluntary Services.

  • You acknowledge that some of the locations and venues may have surveillance cameras for the safety and security of the public, individuals and property in accordance with the Workplace Surveillance Act 2005.

  • You agree not to bring any hazardous or dangerous substances onto any location you may be required to provide Voluntary Services.

  • You acknowledge you are not permitted to collect money, sell any goods including food and beverage or distribute any unauthorised pamphlets, stickers or balloons at the event.

  • You are not permitted to consume alcohol or illegal substances whilst in uniform or during the performance of your tasks. 

  • If you are feeling unwell for any reason, you will not attend the event and notify the Contact Person. 

  • You agree to wear a uniform that is specified by the Organisation, which may feature Vivid Sydney sponsor(s) logo(s).  

  • At the end of the Voluntary Services or upon request, return all materials, equipment, facilities, products and assets provided by the Organisation or the client. 

  • You will not sell or attempt to sell any items you receive from the Organisation including those items you may receive as part of the uniform. 

  • You acknowledge in the performance of the Volunteer Services you will be required to wear the uniform specified by the Organisation and not wear or otherwise display the logo, symbol, trademark, brand name or copyright work of a third party, which such display could (as determined by the Organisation or its client) amount to advertisement or promotion of the third party without the explicit consent of the Organisation. 

  • You agree to comply with Destination NSW’s code of conduct attached as Schedule 1.

12. Volunteer Photo and Recording Agreement 

You understand during your duties (whether individually or as a group) you may be party to media attention and you consent to the Organisation, the organisers of the Event or their respective agents, or any other individual permitted by the Organisation and/or other organisers of the Event, taking photographs, video recordings and sound recordings of you at the Event to use your images or footage in various media outlets, including but not limited to telecommunications, print, television, radio or online/social media for the purpose of promoting the Organisation and/or the client’s projects, events or related activities.

You give permission for the Organisation, Destination NSW (and its third-party cameraperson/photographer) or other organisers of the Event to use, film, photograph and record you in connection with the Event. You agree to allow the Organisation, Destination NSW (and relevant third party tourism stakeholders) and other organisers of the Event to use the photographs, audio and video for marketing, promotional, webcasting and other similar purposes in perpetuity. The permission is given by you on a free of charge, royalty free, and worldwide basis, in perpetuity. For the avoidance of doubt, photographs and video may be used in commercial products where revenue and profit may be derived and you waive all your rights thereto. You waive any right to inspect or approve the finished product and to any further claim.

You further acknowledge and agree that the Organisation’s and/or Event organisers’ (including Destination NSW) social media team(s) may upload photos and footage of you immediately on-site without further approval from you.

You understand and agree that audience members and visitors of the Event are permitted to take photographs and video at the Event.

Unless you have prior written approval, you agree that you are not permitted or authorised to make any statements to the media, public statements/comments (including social media), marketing or advertising on behalf of or as a representative of the Organisation, Destination NSW, any other event organisers of any other related entities or persons.

13. Volunteer Acceptance 

These Volunteer Terms and Conditions detail the roles and responsibilities of the Volunteer. You are required to read these Volunteer Terms and Conditions carefully before registering for the Organisation’s volunteer programme.

In consideration of being granted the opportunity to register your interest in the Organisation’s volunteer programme, by clicking the accept option you confirm that:

  • you have read, understood and agree to comply with these Volunteer Terms and Conditions;

  • the information in your application has been provided by you personally and is correct to the best of your knowledge; and

  • you will be 18 years of age or older at the time of the provision of the Voluntary Services.

 

DESTINATION NSW CODE OF CONDUCT

Purpose

This Code of Conduct (the Code) provides you with an ethical framework for your decisions, actions and behaviour as an employee of Destination NSW. It outlines the principles for appropriate conduct and explains the standard of behaviour expected of you and others employed by the NSW State Government. It is part of your employment contract or contract of engagement with Destination NSW.
This code of conduct serves as a guide for ethical behaviour and provides a framework for decision making that is consistent with the values and principles of Destination NSW.

Underlying Principles
The principles underlying the Code are:

  • You will have respect for the law and our system of Government
  • You will respect all people
  • You will act with honesty and integrity
  • You will use the Destination NSW’s resources with efficiency and economy

While it is not possible to provide detailed guidance on how to deal with every situation which might arise where there are ethical conflicts, you should strive to use sound judgement. In all circumstances you should have regard to the principles which form the basis for this Code and the values defined by Destination NSW and the Government Sector Employment Act 2013.

Destination NSW values are respect, collaboration, agility, passion, excellence and ownership.

The full DNSW code of conduct is available HERE.