But there is such a thing – we have a legal system so those complaints can be tested, so people are given the opportunity to defend them. We cannot live in a world – we might as well have no legal system if we just say as soon as the allegation is made, that then it’s proven true.
Really?
Ashby’s Application relies on the Adverse Action sections of the Fair Work Act 2009. Specifically, he claims, amongst other matters, that the Commonwealth breached section 351 – Discrimination .
In all Adverse Action matters under the FWA, the Respondent is presumed guilty unless they prove otherwise. We call this “the reverse onus of proof”. This is what section 361 provides.
Nicola to Emma
And I make no claim about the allegations or the defence. I’m simply as the first law officer of the country pointing out that we should be respectful of that process …
As first law officer Roxon might be expected to know the law especially as it was written by Julia Gillard.
Once again Ms. Roxon demonstrates that she is remarkably ill-informed.
bobmcgee 