NSW Pecuniary Penalties and burden of proof

[Rod]

Civil penalties are not related to onus of proof.

If a breach of a provision attracting civil penalties is found to have occurred, then penalties can be applied without requiring any more evidence.

BTW, any GP claims are notoriously hard for employees to win.

 

[Taco Cat]

Thanks.

Que sera sera.

 

[Docupedia]

Civil penalties are not related to onus of proof.

If a breach of a provision attracting civil penalties is found to have occurred, then penalties can be applied without requiring any more evidence.

Are you thinking of a strict liability offence?

 

[Rod]

No. Not sure why you are.

 

[Jenny453]

Can you bring criminal law into a general protections case?

 

[Jenny453]

Human Trafficking, forced labour & slavery corporate accountability database

Human Trafficking, forced labour & slavery corporate accountability database

accountabilityhub.org

 

[Rod]

Can you bring criminal law into a general protections case?

Not per se. Criminal activity can used to show breaches of the FWA.

 

[Jenny453]

S 41/42 crim code recruited under false pretense, exploited, thrown in the garbage because the client dissaproved

 

[Rod]

I don't work in WA and do not pretend to know their criminal code. While Federal Courts dealing with civil matters can apply State Laws, I doubt they would entertain a private prosecution under a criminal code. Police or public prosecutions deal with criminal matters.

 

[Jenny453]

Workplace law, s41 s42 are a workplace law