Restitution for damage caused by misconduct
80 Restitution for damage caused by misconduct
(1) This section applies if a person imposing a penalty (as mentioned in section 78(1)) finds that the prisoner's misconduct destroyed or damaged property owned by a person other than the prisoner.
(2) The person may, under section 78(2)(f), order the prisoner to pay restitution to the owner of the property for the destruction or damage.
(3) The maximum amount that the prisoner may be ordered to pay is the lesser of the following for each item of destroyed or damaged property:
the amount prescribed by regulation;
for property that was:
destroyed – the value of the property; or
(ii) damaged – the loss of value or the cost of repair, as the case may be.
(4) If the prisoner is ordered to pay restitution and has not done so within the time required by the order, the Commissioner may pay all or part of the amount ordered to the owner of the property and deduct the amount paid from the prisoner's trust account.
(5) The fact that the owner of the property has received a payment by way of restitution under this section does not affect the owner's right to seek additional damages in a civil action.
Division 4 Health care for prisoners
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