New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 110

110 Proof of discriminatory conduct

(1) This section applies if in proceedings for an offence of contravening section 104 or 107, the prosecution--

(a) proves that the discriminatory conduct was engaged in, and

(b) proves that a circumstance referred to in section 106 (a)-(j) existed at the time the discriminatory conduct was engaged in, and

(c) adduces evidence that the discriminatory conduct was engaged in for a prohibited reason.

(2) The reason alleged for the discriminatory conduct is presumed to be the dominant reason for that conduct unless the accused proves on the balance of probabilities, that the reason was not the dominant reason for the conduct.

(3) To avoid doubt, the burden of proof on the accused under subsection (2) is a legal burden of proof.