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.
Chapter 14: Appeals
Current arrangements
Like other laws creating obligations and penalising non-compliance, OHS laws provide for appeals from convictions. Under existing OHS laws, the rights to appeal against convictions for non-compliance with duties of care are broadly similar. Nonetheless, there are some important differences that should be addressed in the model law. The differences are summarised in the following table.
