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18.104.22.168 — Civil recovery action involves the Department of Veterans' Affairs (DVA) taking legal action, usually on behalf of the Repatriation Commission, in a Court against a debtor, where the debtor has not repaid a debt to the Commonwealth. The Court action is taken on behalf of DVA by the Australian Government Solicitor (AGS), when:
- other recovery action is inappropriate; and
- where there is no intention to prosecute the debtor for an offence under the legislation.
Note:The Director of Public Prosecutions (DPP) conducts prosecutions on behalf of the Commonwealth of Australia. The DPP may also seek to recover an overpayment obtained by a debtor as a result of an offence (See this manual's Section 5.10 Prosecution Investigations).