Liability in respect of loss or damage
57 Liability in respect of loss or damage
In this section, officer means a person who is or was employed in the service of an authority.
An officer who, by misconduct or by performing any duties in a grossly negligent manner, causes or contributes to a loss or deficiency in public money or the loss or destruction of or damage to other property of the State is liable to pay to the State an amount equal to the amount of the loss or deficiency or the value of the property lost or destroyed.
S. 57(3) amended by No. 30/2025 s. 20.
If an accountable officer, or the chief finance officer, of an authority is of the opinion that an officer of the authority may be liable for a loss, deficiency, destruction or damage under subsection (2), the accountable officer or chief finance officer may direct that an investigation be held.
An investigation for the purposes of subsection (3) must be conducted in accordance with, and by a person appointed under, the regulations.
S. 57(5) amended by No. 30/2025 s. 20.
After considering the report of an investigation under this section, the accountable officer or chief finance officer must determine whether or not to seek to recover an amount specified in the report of the investigation from the officer.
This provision refers to the regulations (the regulations
). Made under this Act:
- Financial Management Regulations 2024 · under section 59
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