7.12.3.1 — If it is considered that legal action is both desirable and appropriate then the matter should be formally referred to the Director, Advising and Public Law, Legal Service Group, NO. It is not possible to refer a matter directly to the Court. While the AGS is responsible for instituting legal proceedings and represents the Department in these matters, Legal Services Group has responsibility for instructing AGS.
7.12.3.2 — Prior to referring a matter to Legal Services the referring officer must be satisfied that the following criteria are met:
7.12.3.3 — A referral to Legal Services must include a submission commenting on each of the above points. A referral does not mean the matter will be accepted for legal action. The matter will be assessed in Legal Services on the basis of the information provided to establish whether Court action is appropriate and should be commenced – this consideration may involve consultation with AGS.
7.12.3.4 — Advice will be provided to the recovery officer when the case has been accepted and once this has occurred Legal Service will be responsible for all contact with AGS. Legal Services will keep the recovery officer informed of progress.
7.12.3.5 — Once a case has been referred to the AGS for legal action, they are responsible for liaising with the debtor over the debt. DVA should not initiate any contact with the debtor without prior approval from Legal Services.
7.12.3.6 — Legal Services should be advised immediately if the debtor contacts the Department, makes a refund, or claims a benefit.
7.12.3.7 — Where the Court makes an order in favour of DVA, the result is called a 'judgement debt'. Several methods can be employed to enforce a judgement, including bankruptcy. The case should be discussed with Legal Services for advice on the appropriate course of action. A recovery officer should never discuss with a debtor the possible courses of action available to the Department in enforcing the Court order.
7.12.3.8 — If the debtor successfully defends the action in Court, the debt should be waived, written off or deferred, as appropriate.
7.12.3.9 — Once a debt has been recovered, the monies paid to AGS will be forwarded to the relevant office through Legal Services
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/24153%23comment-form