• Specific Year
    Any

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

WORK HEALTH AND SAFETY ACT 2011 - SECT 113

Procedure for civil actions for discriminatory conduct

  (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.

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