Victorian Current Acts Victorian Current Acts(1) A proceeding brought for contravention of section 78A or 78C must be commenced not more than 1 year after the date on which the plaintiff knew or ought to have known that the cause of action accrued.
S. 78E(2) amended by No. 68/2009 s. 97(Sch. item 90.19).
(2) In a proceeding for a contravention of section 78A or 78C, if all the facts constituting the alleged discriminatory conduct other than the reason for the conduct of the accused are proved, the accused bears the onus of proving that the reason alleged in the complaint was not a substantial reason for the conduct.
S. 78E(3) amended by No. 68/2009 s. 97(Sch. item 90.20).
(3) It is a defence to a proceeding for a contravention of section 78A or 78C if the accused proves that—
(a) the conduct was reasonable in the circumstances; and
S. 78E(3)(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(4)).
(b) a substantial reason for the conduct was to comply with the requirements of this Act or with the Workplace Injury Rehabilitation and Compensation Act 2013 .
(4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct.
(5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct.
(6) If the court makes an order under section 78
in a proceeding for an offence against section 76, the Industrial
Division of the Magistrates' Court cannot make an order under section 78D in a
proceeding for a contravention of section 78A in respect of the same conduct.
Part 8—Authorised representatives of registered employee organisations
Division 1—Definitions