Document ID: chunk:federal_register_of_legislation:C2024C00587:section:227
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 227
Character Range: 326529–327610

227  Exclusions relating to serious defaults etc.
 (1) The Commonwealth is not liable to pay compensation for the loss of, or damage to, a member's medical aid if:
 (a) the occurrence that results in the loss or damage:
 (i) resulted from the member's serious default or wilful act; or
 (ii) happened while the member was committing a serious breach of discipline; or
 (iii) resulted from reasonable and appropriate counselling in relation to the member's performance as a member; or
 (b) the loss or damage was intentionally caused by the member.
 (2) For the purpose of subparagraph (1)(a)(i), an occurrence is taken to have resulted from a member's serious default or wilful act if:
 (a) the member consumed alcohol or took a drug (other than a drug administered by a person legally authorised to administer the drug or a drug legally obtained and taken in accordance with the directions provided with the drug); and
 (b) the occurrence resulted from the member being under the influence of the alcohol or drug.
This subsection does not otherwise limit subparagraph (1)(a)(i).