Victorian Consolidated Legislation

Outworkers (Improved Protection) Act 2003 - SECT 59

Reverse onus of proof in certain cases

59. Reverse onus of proof in certain cases

In a prosecution against an employer for failing to pay an outworker an amount
owed to the outworker under a contract of employment if-

   (a)  the outworker is dead; and

   (b)  the employer alleges that the period shown in the charge as being the
        period of continuous employment of the outworker with the employer is
        wrong-

the employer bears the onus of proving the allegation.