Public Governance, Performance and Accountability Act 2013

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-4 - USE AND MANAGEMENT OF PUBLIC RESOURCES  

Division 8 - Special provisions applying to Ministers and certain officials  

Subdivision B - Liability of Ministers and certain officials for unauthorised gifts and loss  

SECTION 69   LIABILITY FOR LOSS - MISCONDUCT  

69(1)    
A Minister or an official of a non-corporate Commonwealth entity is liable to pay an amount to the Commonwealth if:

(a)    a loss of relevant money or relevant property occurs (including by way of deficiency, destruction or damage); and

(b)    the Minister or official caused or contributed to the loss by misconduct, or by a deliberate or serious disregard of reasonable standards of care.

69(2)    
The amount the Minister or official is liable to pay under subsection (1) is so much of the loss as is just and equitable having regard to the Minister ' s or official ' s share of the responsibility for the loss.




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