78EProcedure for actions for discriminatory conduct

78E Procedure for actions for discriminatory conduct (1) A proceeding brought for contravention of section 78A or 78C must be commenced not more than 1 year after the date on which the plaintiff knew or ought to have known that the cause of action accrued. S. 78E(2) amended by No. 68/2009 s. 97(Sch. item 90.19). (2) In a proceeding for a contravention of section 78A or 78C, if all the facts constituting the alleged discriminatory conduct other than the reason for the conduct of the accused are proved, the accused bears the onus of proving that the reason alleged in the complaint was not a substantial reason for the conduct. S. 78E(3) amended by No. 68/2009 s. 97(Sch. item 90.20). (3) It is a defence to a proceeding for a contravention of section 78A or 78C if the accused proves that— (a) the conduct was reasonable in the circumstances; and S. 78E(3)(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(4)). (b) a substantial reason for the conduct was to comply with the requirements of this Act or with the **Workplace Injury Rehabilitation and Compensation Act 2013**. (4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct. (5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct. (6) If the court makes an order under section 78 in a proceeding for an offence against section 76, the Industrial Division of the Magistrates' Court cannot make an order under section 78D in a proceeding for a contravention of section 78A in respect of the same conduct. Part 8—Authorised representatives of registered employee organisations Division 1—Definitions 79 Definitions relating to registered employee organisations In this Part— S. 79 def. of *committee of management* amended by No. 24/2009 s. 34(1)(a). ***committee of management*** has the same meaning as in the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; S. 79 def. of *Common-wealth Fair Work Act* inserted by No. 24/2009 s. 34(2). ***Commonwealth Fair Work Act*** means the Fair Work Act 2009 of the Commonwealth S. 79 def. of *Fair Work Transition Act* inserted by No. 24/2009 s. 34(2). ***Fair Work Transition Act*** means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; S. 79 def. of *office* and *officer* amended by No. 24/2009 s. 34(1)(b). ***office*** and ***officer*** of a registered employee organisation have the same meanings as in the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; S. 79 def. of *registered employee organisation* amended by No. 24/2009 s. 34(1)(c). ***registered employee organisation*** means an organisation, of which some or all of the members are employees, that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth. Division 2—Entry permits