Work Health and Safety Act 2011

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.

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.

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—

the conduct was reasonable in the circumstances, and

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

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