Section 94 — Health and Safety at Work Act 2015: Proof of adverse conduct

94 Proof of adverse conduct (1) This section applies if, in proceedings for an offence of contravening section 90 or 91 , the prosecution— (a) proves that adverse conduct was engaged in; and (b) proves that a prohibited health and safety reason existed at the time the adverse conduct was engaged in; and (c) adduces evidence that the adverse conduct was engaged in for a prohibited health and safety reason. (2) The prohibited health and safety reason alleged for the adverse conduct is presumed to be the dominant reason for that conduct unless the defendant proves that the reason was not the dominant reason for the conduct. Compare: Model Work Health and Safety Act (Aust) s 110(1), (2)