Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 110

110 Proof of discriminatory conduct

(1) This section applies if in proceedings for an offence of contravening section 104 or 107 , the prosecution—

(a) proves that the discriminatory conduct was engaged in; and

(b) proves that a circumstance mentioned in section 106 (a) to (j) existed at the time the discriminatory conduct was engaged in.

(2) If it is alleged that the discriminatory conduct was engaged in for a prohibited reason, that reason is presumed to be the dominant reason for that conduct unless the defendant proves on the balance of probabilities, that the reason was not the dominant reason for the conduct.

(3) To remove doubt it is declared that, the burden of proof on the defendant under subsection (2) is a legal burden of proof.