Worker Screening Act 2020

In a proceeding against a body corporate for an offence against a provision of this Act, it is a defence to the charge if, at the time the offence is alleged to have been committed, the body corporate had taken all reasonable steps to have systems in place within the body corporate to ensure compliance with the relevant provision.

If a body corporate commits an offence against a provision specified in subsection (3), an officer of the body corporate also commits an offence against the provision.

For the purposes of subsection (2), the following provisions are specified—

section 73A(1), (3) and (5);

section 122B(1), (3) and (6);

section 123(1);

section 124(1);

section 142A(7).

An officer of a body corporate does not commit an offence against a provision specified in subsection (3) if—

the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and

the contrary is not proved (beyond reasonable doubt) by the prosecution.

In determining whether an officer of a body corporate exercised due diligence, a court may have regard to—

what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and

whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and

what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and

any other relevant matter.

Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

An officer of a body corporate may commit an offence against a provision specified in subsection (3) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.

In this section—