You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 24 October 2017 at 16:32)
Part 6 Division 3 Section 113
113   Procedure for civil actions for discriminatory conduct
(1)  A proceeding brought under section 112 must be commenced not more than 1 year after the date on which the applicant knew or ought to have known that the cause of action accrued.
(2)  In a proceeding under section 112 in relation to conduct referred to in section 112 (2) (a) or (b), if a prohibited reason is alleged for discriminatory conduct, that reason is presumed to be a substantial reason for that conduct unless the defendant proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.
(3)  It is a defence to a proceeding under section 112 in relation to conduct referred to in section 112 (2) (a) or (b) if the defendant proves that:
(a)  the conduct was reasonable in the circumstances, and
(b)  a substantial reason for the conduct was to comply with the requirements of this Act or a corresponding WHS law.
(4)  To avoid doubt, the burden of proof on the defendant under subsections (2) and (3) is a legal burden of proof.