Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(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.