s 361
In forceReason for action to be presumed unless proved otherwise
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-1General protections
Division 7Ancillary rules
361 Reason for action to be presumed unless proved otherwise
(1)
If:
(a)
in an application in relation to a contravention of this Part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and
(b)
taking that action for that reason or with that intent would constitute a contravention of this Part;
it is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.
(2)
Subsection (1) does not apply in relation to orders for an interim injunction.
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