Public Sector Management Act 1994

A public servant must repay any amount paid by the Territory to the public servant to which the public servant is not legally entitled.

Subsection (1) applies regardless of when the overpayment was made.

The arrangements for repayment may be agreed between the head of service and the public servant.

If the head of service and the public servant cannot agree on an arrangement for repayment within, in the opinion of the head of service, a reasonable period, the head of service may determine reasonable arrangements for repayment having regard to—

the period in which the overpayment occurred; and

the circumstances of the overpayment; and

the gross and net amount of the overpayment; and

the public servant’s financial circumstances; and

any hardship the arrangement may cause to the public servant; and

any other relevant circumstance.

An arrangement for repayment under subsection (3) or (4) may provide for—

the deduction of amounts from the public servant’s salary; and

repayment by instalments.