Section 96 — Health and Safety at Work Act 2015: Procedure for civil proceedings for adverse conduct

96 Procedure for civil proceedings for adverse conduct (1) A proceeding brought under section 95 must be commenced not more than 1 year after the date on which the action or conduct occurred or came to the notice of the eligible person, whichever is the later. (2) In a proceeding under section 95 in relation to conduct referred to in section 95(1)(a) or (b), if a prohibited health and safety reason is alleged for adverse 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 95 in relation to conduct referred to in section 95(1)(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 relevant health and safety legislation. Compare: Model Work Health and Safety Act (Aust) s 113