227Exclusions relating to serious defaults etc.

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).