Commonwealth Consolidated Acts

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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).

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