Financial Management Act 1994

In this section, officer means a person who is or was employed in the service of the State or a department.

Despite any Act or rule of law to the contrary, an officer is liable to repay to the State any money paid to him or her by the State to which he or she was not entitled (in this section called an overpayment).

Without limiting or affecting the right of the State to recover an overpayment by any legal or other process, the State may recover the overpayment from the officer by deduction or deductions from any amount due by the State to that officer.

A deduction under subsection (3) from salary or wages due to the officer must not exceed one tenth of the salary or wages, before any deductions, whether under this section or otherwise, to which the officer is entitled.

If deductions are made under this section from the salary or wages of an officer—

the officer may apply to the relevant Minister for the weekly amount of the deductions to be reduced; and

the relevant Minister may give such directions as he or she thinks fit as to the amount of deductions to be made from the salary or wages of the officer.

An officer may apply in writing to the relevant Minister to be relieved from all or any of the liability with respect to the repayment of an overpayment and the relevant Minister may at any time in his or her absolute discretion by writing relieve the officer from all or any of such liability.

Without derogating from the rights conferred on the State by this section, the State must before making any deduction under this section consider any proposal made by the officer with respect to the repayment of the overpayment.

Subsection (4) does not apply to a deduction in respect of an overpayment that has not been repaid at the date the officer ceases for any reason to be employed in the service of the State or a department.