Understanding Duty of Care

Understanding Duty of Care

What is Duty of Care

Duty of care is a legal responsibility that applies to Scouts Queensland and every adult volunteer. It means we must take reasonable steps to keep young people, volunteers, and members of the community safe when they participate in Scouting activities or visit Scout properties.
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In simple terms: If someone could be harmed by what we do (or don’t do), we must actively work to prevent that harm.

Why Duty of Care Matters in Scouting

Scouting involves young people, outdoor environments, adventurous activities and community spaces. Because of this, the law places a higher expectation on us to protect youth members and make safe, sensible decisions at all times.
Duty of care ensures we maintain a safe, supportive environment where young people can grow, learn, and take on challenges confidently.

What Duty of Care Looks Like in Practice

Preventing foreseeable harm

Volunteers must look ahead, identify potential risks, and take reasonable action to prevent injuries, incidents, or unsafe situations.
Examples include:
  1. Checking activity areas for hazards
  2. Ensuring equipment is safe and suitable
  3. Adjusting or cancelling activities due to weather conditions
  4. Providing supervision appropriate to the age and ability of participants

Meeting the appropriate standard of care

The standard expected of volunteers is shaped by:
Scouts Queensland policies and procedures
  1. The Outdoor Adventure Skills (OAS) requirements
  2. The Australian Adventurous Activity Standards (AAS)
  3. Your level of training, qualifications, and experience
  4. The vulnerability and age of youth members
Volunteers must follow these standards and seek advice when unsure.

Acting in the best interests of young people

Because we work with children, the law expects extra care. This means:
  1. Prioritising physical and emotional safety
  2. Using child-safe behaviours
  3. Ensuring activities are suitable for age and skill level
  4. Responding promptly to concerns or unsafe behaviour

 Organisational and Individual Responsibilities

Scouts Queensland (the organisation)

Scouts Queensland has an overarching duty to:
  1. Provide safe facilities and maintain equipment
  2. Create policies, procedures, and guidelines
  3. Offer training and support
  4. Communicate known risks and safety expectations

Volunteer Leaders (individual duty)

Volunteers must:
  1. Follow Scouts Queensland policies
  2. Supervise youth appropriately
  3. Apply common sense and sound judgement
  4. Pause or stop activities when safety concerns arise
  5. Escalate issues they cannot resolve alone

What Happens If Duty of Care Is Not Met?

If a person is harmed because reasonable steps were not taken to prevent a foreseeable risk, this may be considered negligence under Queensland law.
This is why following Scouts Queensland policies and safety guidance is essential—not just for compliance, but for protecting youth, volunteers, and the organisation.

When Does Duty of Care Start and Finish?

Duty of care applies whenever Scouts Queensland volunteers are responsible for supervising youth members in an activity or on Scout property. Understanding when this responsibility begins and ends helps volunteers manage risk, communicate clearly with families, and respond appropriately to incidents.

When Duty of Care Begins

Duty of care begins at the moment a youth member is signed in or placed under the supervision of Scout Volunteers. This may occur:
  1. When a parent or carer drops the youth off at a scheduled meeting, activity, or event.
  2. When youth assemble at a designated meeting point for a planned activity or transport arranged by Scouts.
  3. When the activity is advertised as being supervised by Scout Volunteers—even if occurring off-site.
  4. When volunteers (formally or informally) accept responsibility for a young person who presents unwell, distressed, or requiring assistance.
If volunteers provide organised transport (e.g., carpooling arranged by the group, a hired bus, or a convoy clearly under Scout supervision), the duty of care includes the travel period.

When Duty of Care Does Not Apply

Duty of care generally does not apply:
  1. During a youth member’s independent travel to or from the den/event when this travel is not arranged, directed, or supervised by Scout Volunteers.
  2. When a youth member is signed out and returned to the care of a parent or approved adult.
  3. When a youth remains onsite after an activity has concluded but under parent supervision (e.g., chatting in the car park, playing outside the hall).
This means that incidents occurring after handover to parents, even if still on Scout property, are typically outside the responsibility of volunteers—although volunteers should still take reasonable steps to address any immediate danger and report these incidents through normal incident reporting procedures.

Handover: The Critical Transition Point

Duty of care ends when formal supervision ends and the youth is clearly back in the care of their parent or nominated adult. Clarity is essential. Good practice includes:
  1. Confirming visual handover—volunteers should sight the parent or named adult before releasing a youth member.
  2. Ensuring youth are not left waiting in an unsupervised space if parents are late.
  3. Ensuring the activity space is closed and clearly no longer supervised (e.g., “Activity has finished, volunteers are signing off now”).
If a youth member becomes unwell or distressed before handover, volunteers remain responsible for providing reasonable care, even if the activity has formally ended.

Travel to and From Events: What Volunteers Are and Aren’t Responsible For

Not normally included in duty of care:
  1. Youth travelling independently (walking, riding, being driven by a parent)
  2. Youth carpooling arranged privately between families
  3. Family-driven travel to or from overnight activities, camps, or events
Included in duty of care only when:
  1. Scouts Queensland arranges or supervises the transport.
  2. Volunteers provide direct supervision during the journey.

How Insurance Applies

Understanding duty of care also helps clarify how insurance responds:

Public Liability Insurance

Covers Scouts Queensland and adult volunteers when alleged negligence occurs during Scouting activities or due to unsafe property conditions. It applies only when Scouts owe (and are exercising) a duty of care.

Personal Accident Insurance

Covers youth members and registered volunteers during authorised Scouting activities, including supervised travel arranged by Scouts.
It does not cover:
  1. Independent travel to and from activities
  2. Incidents occurring after handover to parents.

Key Takeaway

Duty of care is simply about keeping people safe by thinking ahead, making responsible choices, and following Scouts Queensland procedures. It supports safe, enjoyable Scouting and protects both volunteers and young people.
  1. Duty of care begins when volunteers take responsibility for supervising youth.
  2. Duty of care ends once youth are formally handed back to parents/carers.
  3. Travel is only covered when arranged or supervised by Scouts.
  4. Incidents after an event, when youth are in parental care, are outside volunteers’ responsibility but may still need to be reported.
  5. Clear communication about handover and supervision boundaries protects youth, volunteers, and the organisation.

If There Is Uncertainty
The safest approach is to ask:
“Is this young person currently under the supervision of Scout Volunteers?”
If yes → Duty of care applies.
If no → Responsibility rests with the parent/carer.

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