Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 8.38

8.38 .         Liability for misapplication of funds or property

        (1)         If —

            (a)         there has been a misapplication of funds of a local government or of local government property; and

            (b)         any council member or employee of the local government, has wilfully or through culpable negligence misapplied the funds or property or connived at or concurred in the misapplication,

                that council member or employee is personally liable to pay the amount misapplied to the local government.

        (2)         If 2 or more people are liable to pay the amount misapplied, their liability is joint and several.

        (3)         A person’s liability to pay the amount misapplied continues whether or not the person is still a council member or employee of the local government.



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