58GRecovery of the costs of treatment in certain circumstances

#### 58G Recovery of the costs of treatment in certain circumstances (1) This regulation applies to a member if: (a) the Commonwealth provides medical or dental treatment to the member under regulation 58E; and (b) the Minister determines, in writing, that he or she is satisfied that the member may have an enforceable claim for damages against a person for the illness or injury the subject of the treatment. (2) The Minister may, in writing, require the member to pay an amount to the Commonwealth for the treatment. (3) The amount is a debt due to the Commonwealth. (4) The amount must not exceed: (a) for each day on which the member was treated as an in‑patient at a service or Repatriation hospital in a State—an amount calculated according to Schedule 2; or (b) for any other medical or dental treatment—the expense actually incurred by the Commonwealth. (5) In calculating an amount referred in paragraph (4)(a), the day on which the member enters a hospital as an in‑patient, and the day on which the member ceases to be an in‑patient of the hospital, are counted as a single day. (6) Without affecting its right to recover an amount payable under this regulation by other means, the Commonwealth may deduct the amount from the member’s salary and allowances. (7) In paragraph (1)(b) and subregulation (2), a reference to a member includes a reference to a person: (a) to whom treatment was provided as a member; and (b) who ceases to be a member at any time after receiving the treatment.