WORK HEALTH AND SAFETY ACT 2011 - SECT 113 Procedure for civil actions for discriminatory conduct

WORK HEALTH AND SAFETY ACT 2011 - SECT 113

    (1)     A proceeding brought under section 112 must be commenced not more than 1 year after the date on which the applicant knew or ought to have known that the cause of action accrued.

    (2)     In a proceeding under section 112 in relation to conduct referred to in section 112 (2) (a) or (b), if a prohibited reason is alleged for discriminatory conduct, that reason is presumed to be a substantial reason for that conduct unless the defendant proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.

    (3)     It is a defence to a proceeding under section 112 in relation to conduct referred to in section 112 (2) (a) or (b) if the defendant proves that—

        (a)     the conduct was reasonable in the circumstances; and

        (b)     a substantial reason for the conduct was to comply with the requirements of this Act or a corresponding WHS law.

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act

, s 104).

    (4)     To avoid doubt, the burden of proof on the defendant under subsections (2) and (3) is a legal burden of proof.