Work Health and Safety Act 2012

This section applies if in proceedings for an offence of contravening section 104 or 107, the prosecution – proves that the discriminatory conduct was engaged in; and proves that a circumstance referred to in section 106(a) to (j) 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.