Loss of money held by employee
4 Loss of money held by employee
Where there occurs a loss of money while the money is under the control of an employee, the amount of the loss is a debt due and payable by the employee to the Territory or relevant Agency.
Where an employee defends an action brought to recover money under subsection (1), the Territory or relevant Agency is entitled to judgment if it is proved that:
the defendant is an employee;
the money the subject of the action was under the control of the defendant; and
the defendant converted the money to his or her own use or was guilty, by act or omission, of culpable negligence in relation to the control he or she exercised over the money.
For the purposes of this regulation, money is taken to be under the control of an employee if it has been collected or received by or has come into the custody of the employee but has not been paid to another person or to the credit of an account with a bank, building society or credit union as required by or under an instrument of a legislative or administrative character.
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