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Anti-discrimination Act 1992
91Burden and standard of proof
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91 Burden and standard of proof
(1) Subject to this section, it is for the complainant to prove, on the
balance of probabilities, that the prohibited conduct or systemic
discrimination alleged in the complaint is substantiated.
(2) Where a respondent wishes to rely on an exemption, it is for the
respondent to raise and prove, on the balance of probabilities, that
the exemption applies.