Work Health and Safety Act 2011

This section applies if, in a proceeding for an offence against section 104 (Prohibition of discriminatory conduct) or section 107 (Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct), the prosecution—

proves that the discriminatory conduct was engaged in; and

proves that a circumstance referred to in section 106 (a) to (j) (What is a prohibited reason) existed at the time the discriminatory conduct was engaged in; and

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

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.

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