WORKPLACE RELATIONS ACT 1996 - SECT 809 Proof not required of the reason for, or the intention of, conduct

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 809

             (1)  If:

                     (a)  in an application under section 807 relating to a person's conduct, it is alleged that the conduct was, or is being, carried out for a particular reason or with a particular intent; and

                     (b)  for the person to carry out the conduct for that reason or with that intent would constitute a contravention of this Part;

it is presumed, in proceedings under this Division arising from the application, that the conduct was, or is being, carried out for that reason or with that intent, unless the person proves otherwise.

             (2)  This section does not apply in relation to the granting of an interim injunction.

Note:          See section 838 for interim injunctions.