Victorian Consolidated Legislation

Parliamentary Administration Act 2005 - SECT 26

Recovery of overpayments

26. Recovery of overpayments



(1) In this section, officer means a person who is or was employed as a
Parliamentary officer.

(2) 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 in his or her
capacity as an officer to which he or she was not entitled (in this section
called an overpayment).

(3) 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.

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

(5) If deductions are made under this section from the salary of an officer-

   (a)  the officer may apply to the relevant Presiding Officer for the weekly
        amount of the deductions to be reduced; and

   (b)  the relevant Presiding Officer may give such directions as he or she
        thinks fit as to the amount of deductions to be made from the salary
        of the officer.

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

(7) 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.

(8) 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 a
Parliamentary officer.