Presumed guilty …

In a democracy, you’re entitled to the presumption of innocence,” Senator Conroy told Channel 9.

Reports the Sydney Morning Herald

Well not in Julia Gillard’s democracy.

FAIR WORK ACT 2009 – SECT 361

Reason for action to be presumed unless proved otherwise

(1)  If:

(a)  in an application in relation to a contravention of this Part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and

(b)  taking that action for that reason or with that intent would constitute a contravention of this Part;

it is presumed, in proceedings arising from the application, that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.

In plainer English this means the employer is guilty of the complaint levelled by the employee unless he can prove otherwise – a reverse onus of proof. Ms. Gillard is the author of this act. Perhaps Mr. Conroy should ask Nicola the First Law Officer Roxon to explain that to him … she might have worked it out by now.

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