Financial Management Regulations 1995 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Financial Management Regulations 1995
As in force at 10 June 2020
northern territory of australia
As in force at 10 June 2020
FINANCIAL MANAGEMENT REGULATIONS 1995
Regulations under the Financial Management Act 1995
These Regulations may be cited as the
These Regulations shall come into operation on the commencement of the
In these Regulations, unless the contrary intention appears:
(1) 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.
(2) 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:
(a) the defendant is an employee;
(b) the money the subject of the action was under the control of the defendant; and
(c) 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.
(3) 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.
(1) The Territory and an Agency must recover any overpayment made by the Territory or the Agency to the following:
(a) an employee;
(b) a person who holds office under an Act and is remunerated by the Territory or the Agency;
(c) a person who met the criteria of paragraph (a) or (b) when the overpayment was made;
(d) a superannuation fund for the benefit of a person specified in paragraph (a), (b) or (c);
(e) a third party for the benefit of, or on behalf of, a person specified in paragraph (a), (b) or (c) in accordance with a direction from or agreement with the person.
(2) The following amounts paid by the Territory or an Agency are taken to be overpayments:
(a) a salary, allowance or reimbursement payment to which a person is not entitled;
(b) a benefit for which a person is not eligible;
(c) a contribution to a superannuation fund in excess of the amount to which a person is entitled;
(d) a payment to a third party that a person is not entitled to have paid;
(e) any other amount paid in error that benefits a person.
(3) If an overpayment is not repaid as soon as practicable, the overpayment must be recovered from the person specified in subregulation (1)(a), (b) or (c) by deducting or withholding any amount or entitlement due to the person from the Territory or Agency.
(4) A deduction from a person’s gross salary under subregulation (3) must not exceed 10% of the gross salary except with the written consent of the person.
(5) Before an amount or entitlement is deducted or withheld under subregulation (3), the person must be given:
(a) written notice of details of the overpayment and the amount proposed to be deducted or withheld; and
(b) a reasonable opportunity to propose an alternative arrangement to repay the overpayment.
(6) The Accountable Officer for an Agency, or the Treasurer, may enter into an alternative arrangement with a person to repay an overpayment if:
(a) the arrangement is reasonable in the circumstances; and
(b) the risk of not being able to recover the entire overpayment is low; and
(c) the arrangement would not result in any added costs to the Territory or Agency.
Example for subregulation (6) An employee who is having financial difficulties could be allowed a longer payment plan with lower individual deductions, as long as the plan does not result in additional fringe benefits tax. (7) Despite subregulations (4) to (6), if recovering an overpayment from a person on the cessation of the person’s employment or office, any amount or entitlement due to the person must be first used to repay the overpayment.
Example for subregulation (7) When an employee who received an overpayment leaves the public service, the person’s long service leave must be used to pay off the overpayment. Any amount left over is then paid out to the employee.
(1) Where:
(a) damage to public property has occurred, the value of the property or, where the damage to the property may be repaired, the cost of repairing the damage; or
(b) public property has been lost or destroyed, the value of the property,
is a debt to and payable to the Territory or relevant Agency by:
(c) the employee in whose care the property was at the material time; or
(d) another employee who contributed to the damage to or loss or destruction of the property.
(2) For the purposes of subregulation (1), public property is taken to be in the care of an employee if it has been received by the employee and has not been returned or delivered to another person entitled to receive it on behalf of the Territory or the relevant Agency.
(3) Where an employee defends an action brought under this regulation, the Territory or relevant Agency is entitled to judgment if the defendant:
(a) was at the material time an employee; and
(b) converted the property to his or her own use or by his or her culpable negligence caused or contributed to the damage to or loss or destruction of the property.
(4) Where the negligence or misconduct of an employee was not the sole cause of the damage to or loss or destruction of the property, the Territory or Agency may recover from the employee only so much of the damage, or the cost of replacing the property, as is just and equitable having regard to the contribution made by the employee to the damage, loss or destruction as determined by the court.
These Regulations do not affect any other right that the Territory or an Agency may have to recover an amount from a person.
The
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 31 March 1995 |
Commenced | 1 April 1995 (r 2, s 2 |
Assent date | 2 June 1997 |
Commenced | 2 June 1997 |
Assent date | 11 March 2008 |
Commenced | 11 March 2008 |
Notified | 10 June 2020 |
Commenced | 10 June 2020 |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 3 amd No. 10, 2020, r 4
r 4 amd Act No. 23, 1997, s 6(2)
r 5 sub No. 10, 2020, r 5
r 7 sub No. 10, 2020, r 6
r 8 rep Act No. 6, 2008, s 4
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