Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 77

Defendant bears onus of proof

77. Defendant bears onus of proof

In proceedings for an offence against section 76, if all the facts
constituting the offence other than the reason for the defendant's conduct are
proved, the defendant bears the onus of proving that the reason alleged in the
charge was not the dominant reason why the defendant engaged in the conduct.