This is an Australian Legal Question - Court order to pay back stolen money?

Question

If an employee is found guilty or stealing and ordered to pay back the money. Does this become a debt that is enforced ( held) by the Government or by the Employer personaly. In other words, to whom is this debt owed? or is that a discretionary matter for the judge.?

Answer 1

The debt would be owed to the employer. The crime is stealing whether you steal from your employer or from a friend - the same laws apply as far as I know anyway.

Answer 2

Get your lawyer to chase this up.

Answer 3

It would appear that this case has not gone Court. When it does a judgement or ruling will be made at that time. This could require the employee to pay the money directly to the employer or to the Court. My advice to the employee (if actually guilty of stealing) would be to repay the money to the employer and get a receipt for the payment, and ask for the case to be dropped by the employer before it goes to Court.

Answer 4

You you are subject to a court order to pay back the debt it is a legal debt to repay the money to the original owner of the money, it is is deemed as a judgement debt and is different from a contractual debt.

In this case it would be deemed a cvil judgement debt

A contractual debt can become a judgement debt but not the other one round