Act 10/2011, of 28 th November, of Voluntary Action

1. Act 10/2011, of 28th November, of Voluntary Action A Coruña, 17thJanuary 2012

2. PARTICIPATORY METHODOLOGY • In order to develop this Act, a Bill drafted by the previous government was taken as a basis. Necessary modifications were introduced in order to achieve higher technical accuracy, as well as in order to adapt the Act to the current adverse economic scenario, which forced us to downsize the previous proposal. • The foundations laid down by several European Union documents on volunteering are included in the Act (European Parliament Resolution of 22nd April 2008 on the role of volunteering in contributing to social and economic cohesion, and the Study on Volunteering in the European Union conducted by the Education and Culture Executive Agency of the European Commission). • A participatory approach was taken (public consultation during the summer of 2010 for volunteers and organisations to make comments).

3. ACT STRUCTURE • Purposes • Part I. Preliminary. This first part mentions the objective of the Act, its scope and the guiding principles thereof.  • Part II Subjects of voluntary action This second part describes the subjects of voluntary action, such as volunteers, organisations they work in, and lastly, the beneficiaries of voluntary action. • Part III. Public Administrations Part III refers to all aspects pertaining to administrative action. Chapter I refers to the promotion of voluntary action. A specific chapter, the second one, to the planning tools for voluntary action included in strategic planning through the Galician plan for voluntary action and through sector-wise plans and later on through programmes and projects. The third chapter focuses on assigning the relevant powers to the Galician public administrations, with clear reference to the powers of the Regional Government (Xunta) and the local authorities. The Registry of voluntary action is regulated under chapter four. Regarding participatory bodies, chapter five regulates the Galician Council for Voluntary Action and chapter six refers to the creation of the Galician Observatory of Voluntary Action. • Additional, interim, derogation and final provisions.

4. Part I. Preliminary OBJECTIVE OF THE ACT • To regulate and foster the altruistic participation of citizens in voluntary actions organised by bodies of voluntary action or directly by the public administrations for the development of concrete programmes. • To regulate the relationships that, regarding such activities, could be established between volunteers, organisations of voluntary action and the beneficiaries of voluntary action and the public administrations of Galicia.

5. Part I. Preliminary (cont.) CONCEPT OF VOLUNTARY ACTION The organised social participation of individuals in the development of activities in sectors of general interest through organisations of voluntary action as long as they comply with the following requirements: • The decision to undertake such action must be free and cannot entail a duty or legal requirement. • The action must be undertaken outside the working, professional, administrative or trade environment or of any other paid activity. • The action must be undertaken without any kind of payment, notwithstanding the reimbursement of costs incurred in during the action. • The action must take place in concrete programmes, be them fostered by any of the voluntary action organisations or the Galician public administrations. VOLUNTARY ACTION

6. Part I. Preliminary (cont.). Any activity being undertaken in Galicia, regardless of where the organisation of voluntary action has its headquarters SCOPE Voluntary action undertaken by the public administrations in programmes of general interest under their power.

7. Part I. Preliminary (cont.). Basic principles Participation with the full acknowledgement of personal autonomy and pluralism of voluntary action. Involvement and participation of citizens to achieve goals of public interest. Solidarity, altruism and gratuity of the action developed, excluding all actions aiming at material gain of any kind. Personal freedom and respect for pluralism and the personal options of volunteers and beneficiaries. Cooperation and complementarity across organisations of voluntary action and public administrations.

8. Part I. Preliminary (cont.). Included in voluntary action are activities of general interest linked to social action and services, health, human rights, children, disability, equal rights for women, education, development aid, fight against poverty and social exclusion, culture, cultural heritage, science, the promotion of new technologies, civil protection, prevention of emergencies, protection of consumers and users, sports, leisure and free time, environmental conservation and protection, language rights, reactivation of the rural world, economy or research, the development of associative life, promotion of voluntary action, as well as all those that, under this Act, may contribute to accomplish the objectives of voluntary action.   Sectors of voluntary action

9. Part II. Subjects of voluntary action. 1. An individual who makes a personal, free and altruistic choice to participate in any activity of voluntary action through an organisation of voluntary action as long as there is no labour relationship, of trade or employment between them. 2. People who, without being registered in organisations of voluntary action, take part in programmes of voluntary action specifically organised by the public administrations in areas under their powers. Minors may participate in volunteer programmes and projects specifically adapted to their characteristics, with express authorisation by their parents, tutors or the institution responsible for them, always respecting the will of the minor. Being a volunteer is fully compatible with being a member of the managing board of the organisations, as long as this task is not paid. Volunteer: Concept

10. Part II. Subjects of voluntary action (cont.).Voluntary action organisations VOLUNTARY ACTION ORGANISATIONS: CONCEPT Those public or private non-profit organisations, legally registered and with their own legal status that, in an organised and stable manner, undertake specific programmes related to activities of general interest set forth in Article 5 of this Act. RIGHTS OF VOLUNTARY ACTION ORGANISATIONS • To draft their own internal operating standards in light of democratic and participatory principles. • To select volunteers according to the nature and characteristics of the tasks to be develop and in accordance with the norms set forth in their internal operations standards. • To stop cooperation with volunteers who do not fulfil with their commitments. • To take part in the measures to foster volunteer action established by the public administrations or private bodies. • Any other right acknowledged by the remaining legal framework related to voluntary action.

11. Part II. Subjects of voluntary action (cont.).Voluntary action organisations • Relationships between volunteers and voluntary action organisations COOPERATION AGREEMENT The relationship between volunteers and organisations in which they take part must registered in writing, through a cooperation agreement. IDENTIFICATION The document showing that a person is a volunteer must be issued by the voluntary action organisation and shall include, at least, personal data and identification of both, and the name of the programme or programmes developed in which the volunteer takes part. Volunteers must be covered by insurance for accidents and liability arranged by the voluntary action organisation or the public administration responsible for the volunteering programme.

12. Part III. The Public Administrations (Cont) Promotion of training By law, training programmes for voluntary action shall be established with different levels – introduction, basic and advanced The tasks of those managing the voluntary action organisation, shall be supported, namely those of technicians who are in charge of coordinating voluntary action, guiding volunteers both individually and as a group regarding the project they are participating in, according to their profile, availability and preferences, taking also into account the needs of the organisation and society at all times. Training of volunteers must be done by people with proved experience preferably linked to the management of voluntary action.

13. Part III. Public Administrations (Cont) PLANNING TOOLS • THE GALICIAN PLAN OF VOLUNTARY ACTION AS A STRATEGIC PLAN. Strategic planning in the region is channelled through the Galician Plan for Voluntary Action, which is an administrative tool to determine the planning and coordination criteria of the planned actions in the field of voluntary action. • SECTOR-WISE PLANS DRAFTED BY LOCAL BODIES ON DEMAND BY THE REGIONAL GOVERNMENT. Sector-wise planning shall include plans that, in the framework and the development of strategic planning, may be passed by the different departments of the regional administration or local bodies. • PLANS AND PROJECTS DRAFTED BY ORGANISATIONS OF VOLUNTARY ACTION The Plan for Voluntary Action is the tool through which the plans of voluntary action organisations are developed and made concrete. Projects of Voluntary Action are tools for the execution of a plan.

14. Part III. Public Administrations (Cont) Registry ofVoluntary Action of Galicia This is a single and public body to undertake all functions related to qualification, registration and certification, and shall be linked to the department having the powers over voluntary action. • The registry includes two sections: the registry of voluntary action organisations and a registry of experiences of volunteers.. Registry ofVoluntary Action Organisations Inscription in the Registry of voluntary action of Galicia, must be requested by the organisation through a formal application, and is a pre-requirement for organisations to received funding from the public administrations in Galicia and to sign agreements with them. Registration shall entail submitting an application and the documents requested in the appropriate regulations.

15. Part III. Public Administrations (Cont) Galician Council of Voluntary Action • The Galician Council of Voluntary Action is created as the most important body in terms of participation, coordination, guidance and advice in matters pertaining to voluntary action. • The most important functions of the Galician Council of Voluntary action are to provide advice and submit reports on topics related to voluntary action, as well as to be a meeting point for the Galician public administrations and organisations of voluntary action. • Seats: • Presidency • 2 Vice-presidencies • Secretary • Members: 11 from the regional administration 4 FEGAMP (Municipalities) 1 Galician Youth Council 3 of the most important business associations and 3 trade unions 3 of Galician universities 9 of organisations of voluntary action

16. Part III. Public Administrations (Cont) Galician Observatory of Voluntary Action • Administrative body to develop actions pertaining to research, training, as well as the creation and establishment of computer assisted and documentation systems. • The Galician Council of Voluntary Action shall report on its activities, and it shall pass its annual plan and its strategic lines. • The Galician Observatory of Voluntary Action may technically guide municipalities in the development of their sector-wise plans for voluntary action and they may cooperate with the universities in R+D+I projects and with similar bodies and other public administrations. • Members include: President, the person in charge of the department having the powers over voluntary issues. Vice-president, the person belonging to the directive body having the powers over voluntary issues. Members: -A representative of the Galician Institute of Statistics. -A representative of each of the three Galician Universities. -Two representatives of voluntary action organisations designated by the Galician Council of Voluntary Action. Secretary, a civil servant of the directive body having the powers over voluntary issues, with the position of sub-director, with a voice but without a vote.