David Van (Victoria, Independent) Share this | Hansard source

I move my amendment (1) on sheet 2898:

(1) Schedule 1, item 41, page 47 (after line 16), at the end of subsection 24CY(1), add:

Note 4: To avoid doubt, in paragraph (1)(a), being satisfied on the balance of probabilities means that the decision-maker must be satisfied that it is more probable than not that the respondent engaged in relevant conduct, taking into account matters such as the gravity and inherent improbability of the allegation (see Briginshaw v Briginshaw (1938) 60 CLR 336).

[clarifying meaning of 'balance of probabilities' ]

This amendment simply seeks to clarify the burden of proof that the independent parliamentary body will have.