Which of the following statements is true in relation to the standard of proof that applies when a Work Place Health and Safety (WHS) regulator takes legal action against persons who conduct businesses or undertakings (PCBUs) ?
A) The PCBU has the onus of proof.It must prove that its conduct satisfied a reasonable standard of care.
B) The PCBU is deemed (considered) to be in breach if there has been an accident or other serious WHS breach.
C) The regulator has the onus of proof.It must prove all matters relating to the alleged WHS breach.
D) The onus of proof follows the standard set by the previous Occupational Health and Safety Acts in New South Wales and Queensland that preceded the new national legislation.
Correct Answer:
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