South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 113

113—Procedure for civil actions for discriminatory conduct

        (1)         A proceeding brought under section 112 must be commenced not more than 1 year after the date on which the applicant knew or ought to have known that the cause of action accrued.

        (2)         In a proceeding under section 112 in relation to conduct referred to in section 112(2)(a) or (b), if a prohibited reason is alleged for discriminatory conduct, that reason is presumed to be a substantial reason for that conduct unless the defendant proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.

        (3)         It is a defence to a proceeding under section 112 in relation to conduct referred to in section 112(2)(a) or (b) if the defendant proves that—

            (a)         the conduct was reasonable in the circumstances; and

            (b)         a substantial reason for the conduct was to comply with the requirements of this Act or a corresponding WHS law.

        (4)         To avoid doubt, the burden of proof on the defendant under subsections (2) and (3) is a legal burden of proof.