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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 21 March 2018 to date (accessed 19 July 2018 at 21:30)
Part 6 Division 2
Division 2 Criminal proceedings in relation to discriminatory conduct
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 referred to in section 106 (a)–(j) existed at the time the discriminatory conduct was engaged in, and
(c)  adduces evidence that the discriminatory conduct was engaged in for a prohibited reason.
(2)  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.
(3)  To avoid doubt, the burden of proof on the accused under subsection (2) is a legal burden of proof.
111   Order for compensation or reinstatement
If a person is convicted or found guilty of an offence under section 104 or 107, the court may (in addition to imposing a penalty) make either or both of the following orders:
(a)  an order that the offender pay (within a specified period) the compensation to the person who was the subject of the discriminatory conduct that the court considers appropriate,
(b)  in relation to a person who was or is an employee or prospective employee, an order that:
(i)  the person be reinstated or reemployed in his or her former position or, if that position is not available, in a similar position, or
(ii)  the person be employed in the position for which he or she had applied or a similar position.