Legal & Operational
Legal Information
Ausland Volunteers (AV) is committed to operating lawfully and transparently, adhering to local, national, and international laws. This page outlines the governance structure, compliance measures, and legal safeguards that underpin AV’s operations across all its services.
Operational Governance and Legal Framework
Private Membership Association (PMA): Ausland Volunteers operates as a Private Membership Association (PMA), enabling the organisation to:
Strict Membership Criteria: Membership is available by invitation or application to ethnic European men aged 18–60 who pass a rigorous vetting process to ensure alignment with AV’s mission, values, and legal requirements.
Self-Governance: AV is governed internally by a Master Deed and Constitution, which clearly define the rights and responsibilities of members, executives, trustees, and administrators.
Legal Basis: The PMA structure leverages the right to freedom of association, ensuring compliance with anti-discrimination laws while enabling private organisation for cultural and charitable purposes.
Charitable Organisation: AV conducts itself as a registered Not-for-Profit Organisation, ensuring compliance with the Australian Charities and Not-for-profits Commission (ACNC). Key elements include:
Charitable Purpose: AV’s primary activities include cultural preservation, emergency response, and community service, all aimed at public benefit.
Tax Compliance: Adhering to the Charities Act 2013 and the Income Tax Assessment Act 1997, AV qualifies for applicable tax exemptions.
Financial Transparency: AV produces annual financial reports and activity statements for submission to the ACNC, demonstrating accountability and responsible stewardship.
Trust-Based Framework: AV utilises a multi-tiered trust structure for managing its assets and operations:
Charitable Trust: Manages resources allocated for public benevolence, such as disaster relief and community support initiatives.
Business Trust: Oversees income-generating activities, including training programs and merchandise sales, with profits reinvested into AV’s objectives. This is designed to comply with the relevant Trustees Act in all Australian jurisdictions.
Compliance with Australian Laws
Corporations Act 2001: AV is structured as a Company Limited by Guarantee, ensuring:
Limited Liability: Members’ liability is capped at the guarantee amount specified in the Constitution.
Governance Standards: AV follows corporate governance principles, including director responsibilities and financial reporting.
Criminal Code Act 1995: AV strictly prohibits activities that contravene the Criminal Code, including:
Advocacy for Violence or Terrorism: Activities prohibited under Sections 80.2A and 80.2B.
Military-Style Training: Prohibited under Section 119.7. All training provided by AV is non-combative and focused on community safety, security, and emergency response.
Charities Act 2013: All AV activities align with charity requirements, including:
Exclusively Charitable Purposes: Ensuring activities provide measurable public benefits.
Transparency: Maintaining compliance with governance and reporting standards.
Work Health and Safety (WHS) Act 2011: AV prioritises the safety of members, volunteers, and participants by:
Risk Assessments: Conducting comprehensive evaluations of training, operations, and events to identify and mitigate risks.
Safety Training: Providing knowledge and tools for safe operations in high-risk environments.
Personal Protective Equipment (PPE): Supplying appropriate gear for firefighting, rescue, and other field activities.
Firearms and Weapons Regulations: For applicable operations, firearms training and use adhere to:
Firearms Act 1996 and Equivalent State Laws: Ensuring compliance with all licensing and registration requirements.
Defensive & Recreation Purposes Only: Strictly limiting use to lawful security operations and high-risk rescue missions.
Emergency Services Compliance: AV aligns with Australian emergency service standards, ensuring:
Ambulance Service Regulations: Adherence to state and territory requirements for paramedic operations.
Bushfires Act 1954 (WA) and Equivalent Laws: Compliance with firefighting standards, including training and equipment use.
Search and Rescue Standards: Following national guidelines for urban and remote-area deployments.
International Compliance
For overseas operations, AV complies with international laws and best practices:
International Humanitarian Law (IHL): AV follows IHL principles, guided by the Geneva Conventions, prioritising humanity, neutrality, and impartiality in disaster relief missions.
International Code of Conduct for Private Security Providers (ICoC): AV adheres to ICoC principles, ensuring transparency, accountability, and respect for human rights in security-related operations.
Montreux Document: AV implements practices outlined in the Montreux Document, ensuring compliance with host-country laws during international operations.
Member Training and Activities
AV delivers comprehensive training to prepare members for community service, emergency response, and disaster recovery. Key areas include:
Emergency Response Training: Covering first aid, CPR, and tactical medicine, aligned with national standards.
Specialised Skills Development:
4WD and Defensive Driving: Training to enhance navigation and safety in challenging terrains.
High-Angle Rescue: Certified rope-based rescue operations.
Search and Rescue Techniques: Urban and remote deployment methods.
Security and Defensive Tactics: Conducted by licensed professionals and limited strictly to defensive applications.
All training adheres to:
WHS Regulations: Ensuring safe training environments.
National Standards: Aligning with recognised rescue, recovery, and medical protocols.
Privacy and Data Protection
AV protects personal data under the Privacy Act 1988 by implementing:
Data Security: Encrypting and securely storing member information.
Purpose-Driven Use: Using data solely for operational planning and communication.
Consent: Obtaining explicit consent before sharing data with third parties.
Notifiable Data Breaches Scheme: Ensuring timely notification and response to any data breaches.
Disclaimer:
Insurance and Liability: AV maintains comprehensive insurance coverage, including:
Public Liability Insurance: Covering member activities during operations.
Volunteer Insurance: Protecting volunteers during service.
Risk Management Framework: Ensuring risk mitigation through robust policies and operational reviews.
General Disclaimer: This page provides general information about AV’s legal compliance and does not constitute legal or professional advice.
Limitation of Liability: AV is not liable for injuries, damages, or losses incurred during participation in its activities unless caused by proven negligence.
Contact Information:
For legal or compliance enquiries, contact:
Email: legal@auslandvolunteers.org
Address: Ausland Volunteers, Cairns, QLD 4870, Australia