Chapter 13: Burden of Proof
|
Reference
|
62
|
The prosecution should bear the onus of proving beyond reasonable doubt all elements of an offence relating to non-compliance with a duty of care.
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Page 119
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Chapter 14: Appeals
|
Reference
|
63
|
The model Act should provide for a system of appeals against a finding of guilt in a prosecution, ultimately to the High Court of Australia, commencing with an application for leave to appeal to the Supreme Court.
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Page 122
|
64
|
The model Act should not provide for appeals from acquittals.
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Page 122
|
Chapter 15: Limits on Prosecutions
|
Reference
|
65
|
Crown immunity should not be provided for in the model Act.
|
Page 123
|
66
|
Prosecutions for non-compliance with duties of care should be commenced within two years of whichever is the latest of the following:
-
the occurrence of the offence;
-
the offence coming to the regulator’s notice;
or within 1 year of a finding in a coronial proceeding or another official inquiry that an offence has occurred.
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Page 125
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