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Section : 244C Mistake of fact
Domain : Human Resource Management
Classification : Not Identified

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If mistake of fact is relevant to determining liability for an offence, a body corporate may rely on mistake of fact only if:

  • (a) the employee, agent or officer of the body corporate who engaged in the conduct constituting the offence was under a Work Health and Safety Act 2011 Compilation date: 01/07/2024 Registered: 01/07/2024 mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and
  • (b) the body corporate proves it took reasonable precautions to prevent the conduct.

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