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Local Government Act 1993 No 30
Current version for 5 December 2019 to date (accessed 23 January 2020 at 14:07)
Division 2 Surcharging
435 Surcharging by Departmental Chief Executive
(1) If satisfied that any expenditure or transfer, or any entry in a council’s accounts, has been incurred or made in contravention of this or any other Act or of any regulation in force under this or any other Act, the Departmental Chief Executive may—(a) disallow the expenditure, transfer or entry, and(b) surcharge the amount of the disallowance on the councillor, the general manager or any other member of staff of the council by whom the expenditure, transfer or entry was incurred or made or ordered to be incurred or made.(2) The Departmental Chief Executive may also surcharge on a councillor, the general manager or any other member of staff of the council the amount of—(a) any deficiency or loss incurred by the council as a consequence of the negligence or misconduct of the councillor, general manager or member of staff, or(b) any money which ought to have been, but has not been, brought into account by the councillor, general manager or member of staff.(3) (Repealed)
436 Procedure for surcharging
(1) Before surcharging a person, the Departmental Chief Executive—(a) must cause notice of the proposed surcharge, and of the reasons for the proposed surcharge, to be given to the person, and(b) must allow the person a reasonable opportunity to make submissions to the Departmental Chief Executive with respect to the proposed surcharge, and(c) must take into consideration any submissions duly made by the person with respect to the proposed surcharge.(2) The Departmental Chief Executive must certify in the council’s accounts the amount by which the Departmental Chief Executive has surcharged any person.(3) Immediately on surcharging an amount on any person, the Departmental Chief Executive must give notice of that fact to the person.
437 Applications for administrative review by NCAT
(1) A person who is surcharged under this Division may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision to surcharge.(2) The council must give effect to any decision of the Tribunal on an administrative review of the decision to surcharge.
438 Recovery of amount surcharged
(1) The amount of a surcharge becomes payable to the council as a debt when the time within which an appeal may be made against the surcharge expires or, if such an appeal is made and the surcharge is not annulled, when that appeal is finally determined.(2) Any money recovered in connection with a surcharge relating to a particular account is to be paid into the fund in which money in that account is held.