Victorian Consolidated Legislation

Community Services Act 1970 - SECT 74F

Onus of proof

74F. Onus of proof

In any proceeding in relation to the non-attendance at school of any child-

   (a)  the burden of proving the grounds of excuse for non-attendance shall
        lie on the defendant;

   (b)  a statement on oath by a witness of his belief as to the age or
        parentage of the child shall be admissible and shall be prima facie
        evidence of such age or parentage;

   (c)  a certificate purporting to be under the hand of the head teacher of
        the State school nearest to the residence of the child stating his
        belief as to the age or parentage of the child shall be prima facie
        evidence as to such age or parentage;

   (d)  a certificate purporting to be under the hand of the head teacher of
        the State school nearest to the residence of the child stating with
        respect to any period mentioned in such certificate the number of
        school half-days on which that school was open or the number of school
        half-days on which the child attended that school shall be prima facie
        evidence of the facts stated in such certificate; and if from such
        certificate it appears that the number of school half-days on which
        the school was open is greater than the number of school half-days on
        which the child attended, such certificate shall be prima facie
        evidence that the child during such period did not attend any
        State school on that number of school half-days which is represented
        by such excess;





   (e)  the fact that any such statement on oath or certificate refers to a
        child of the same or a similar name shall be prima facie evidence that
        it refers to the child for or in relation to the non-attendance of
        whom the proceedings are taken.