Financial Accountability Act 2009

Subsection (2) applies if loss or destruction of or damage to public property or other property occurs while the property is in the care of an officer or employee of a department.

The value of the property lost or destroyed or the cost of repairing the damage to the property is a debt due to the State and may be recovered by action in a court of competent jurisdiction from—

the officer or employee in whose care the property was at the time of the loss, destruction or damage; or

any other officer or employee who by negligence or misconduct caused or contributed to the loss or destruction of or damage to the property.

It is a defence to an action for the recovery of moneys from an officer or employee (a person) under subsection (2) if the person proves that the loss or destruction of or damage to the property was not caused or contributed to by a failure by the person to take reasonable steps to prevent the loss, destruction or damage.

Subsection (5) applies if the negligence or misconduct of an officer or employee of a department was not the sole cause of a loss or destruction of or damage to the property.

The State may recover from the officer or employee referred to in subsection (2)(a) the amount the court considers just and equitable having regard to the contribution made by the officer or employee to the loss, destruction or damage.

For this section, public property or other property is taken to be in the care of an officer or employee of a department if the property—

has been delivered to the officer or employee; and

has not been returned to a person entitled to receive it on behalf of the State.

In this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department.