Motor Accidents (Compensation) Act 1979 (NT)
NORTHERN TERRITORY OF AUSTRALIA
MOTOR ACCIDENTS (COMPENSATION) ACT 1979
As in force at 31 May 2019
northern territory of australia
As in force at 31 May 2019
MOTOR ACCIDENTS (COMPENSATION) act 1979
An Act to establish a no fault compensation scheme in respect of death or injury in or as a result of motor vehicle accidents, to prescribe the rates of benefits to be paid under the scheme, to abolish certain common law rights in relation to motor vehicle accidents, and for related purposes
This Act may be cited as the
This Act shall come into operation on 1 July 1979.
This Act binds the Crown.
In this Act:
(a) an unborn child; or
(b) a person in relation to whom the parent stands or stood in loco parentis.
(a) the child:
(i) has not attained the age of 16 years; or
(ii) has not attained the age of 21 years and is a full-time student or physically or mentally handicapped; and
(b) the child is not the spouse of another person; and
(c) the child is dependent on the parent for financial support or, in the case of an unborn child, there is a reasonable expectation that the child will be dependent on the parent for financial support.
(a) a vehicle that runs on rails; or
(b) a motorised wheelchair that is not capable of travelling at a speed greater than 10 km/h; or
(c) a cycle powered by an engine with a power output not exceeding 200 watts.
(a) the discount rate fixed by regulation; or
(b) if the discount rate is not fixed by regulation – 6%.
(a) a spouse of the person who, at the relevant time, was living with the person on a bona fide domestic basis; or
(b) a spouse of the person who, at the relevant time, was not living with the person on a bona fide domestic basis but, in the opinion of the Commission, was wholly or substantially dependent upon the person at that time; or
(c) a de facto partner of the person who had been the person’s de facto partner for a continuous period of at least 2 years immediately preceding that time; or
(d) a de facto partner of the person who had not been the person’s de facto partner for a continuous period of at least 2 years immediately preceding the relevant time but who, in the opinion of the Commission, was wholly or substantially dependent upon the person at that time; or
(e) if the person is an Aboriginal or Torres Strait Islander:
(i) a person referred to in paragraphs (a), (b), (c) or (d)); or
(ii) an Aboriginal or Torres Strait Islander to whom the person is married according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which either person identifies.
(1) A motor accident is an occurrence:
(a) caused by or arising out of the use of a motor vehicle; and
(b) resulting in the death of, or injury to, a person.
(2) A motor accident is caused by or arises out of the use of a motor vehicle if, and only if, it results directly from:
(a) the driving of the motor vehicle; or
(b) the motor vehicle moving out of control; or
(c) a collision, or action to avoid a collision, with the motor vehicle (whether the motor vehicle is stationary or moving).
(3) If a person renders assistance, or attempts to render assistance, at the scene of a motor accident and, as a result of doing so, dies or is injured, the accident is taken to have resulted in the death or injury.
(1) A person is, at the time of a motor accident, a resident of the Territory if the person has resided in the Territory for a continuous period of at least 3 months.
(2) However, a person is not to be regarded as a resident of the Territory if:
(a) the person is, at the relevant time, not living in the Territory and either:
(i) the person has been living outside the Territory for a continuous period of 6 months or more; or
(ii) the person’s primary dwelling house or primary employment is not in the Territory; or
(b) the person has left the Territory with the intention of no longer residing in the Territory.
4C Permanent impairment (1) The question whether an impairment or combination of impairments is permanent and, if so, the extent of the permanent impairment is to be determined by the Commission.
(2) The determination is to be made:
(a) in accordance with the edition of the American Medical Association Guides to the Evaluation of Permanent Impairment prescribed by regulation as modified by regulation; and
(b) on the advice of a medical practitioner.
(3) The extent of a permanent impairment is to be expressed as a percentage of the whole person in accordance with the relevant Guides.
(4) An impairment is not considered to be a permanent impairment unless the extent of the impairment as assessed in accordance with this section is at least 5%.
(1) Attendant care services are personal and household services reasonably required by an injured person as a result of the injury.
(2) However, attendant care services do not include:
(a) medical and rehabilitation services; or
(b) nursing care; or
(c) services provided in, or provided while the injured person is in, a hospital, nursing home or other institution for the treatment, rehabilitation or care of injured persons.
(3) In this section:
household services means services of a domestic nature (including cooking, house cleaning, laundry, and gardening) for running and maintaining the injured person’s household.personal services means services for the essential and regular personal care of the injured person.
(1) A motor vehicle is
unregistered if:(a) it is neither registered under the
Motor Vehicles Act 1949 nor the corresponding law of another jurisdiction and is not deemed to be registered for the purposes of theTraffic Act 1987 ; or(b) it is deemed to be unregistered for the purposes of the
Traffic Act 1987 .
(2) However, a motor vehicle is not to be regarded as unregistered if:
(a) an exemption from registration issued by the Registrar of Motor Vehicles under the
Motor Vehicles Act 1949 is in force for the vehicle; or(b) the motor vehicle is being driven while bearing a trader’s plate in accordance with section 35 of the
Motor Vehicles Act 1949 .
(3) A motor vehicle is
conditionally registered if it is registered under theMotor Vehicles Act 1949 or the corresponding law of another jurisdiction subject to any condition or restriction.(4) A motor vehicle is
registered if it is not unregistered or conditionally registered.
Part IIAA of the Criminal Code applies to an offence against this Act.
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) An action for damages does not lie (either at common law or by statute) for the death of, or injury to, a person arising from a motor accident that occurs in the Territory.
(2) It is the Legislative Assembly’s intention:
(a) that this section should apply within and outside the Territory; and
(b) that it should apply outside the Territory to the full extent of the extraterritorial legislative capacity of the Territory.
6 Commission to indemnify certain persons (1) Subject to subsections (2) and (3), the Commission must indemnify the owner or driver of a Territory motor vehicle for any relevant liability incurred in respect of the death of, or injury to, a person arising from a motor accident caused by, or arising out the use of, the motor vehicle outside the Territory but within Australia.
(2) The Commission is not bound to indemnify a person under subsection (1) where that person is already indemnified under any contract of insurance or under the law applicable in the place where the accident occurred.
(3) A relevant liability is:
(a) a liability for damages (but not for exemplary or punitive damages); or
(b) if the death or injury is compensated under a statutory scheme and the owner or driver is liable to the administrator of the statutory scheme – the liability to the administrator of the statutory scheme.
(4) A person who is entitled to be indemnified under subsection (1) must co-operate with the Commission in respect of any action for damages in respect of the accident.
(5) Without limiting subsection (4), the person must provide any information that the Commission may reasonably require and attend to any matter that is reasonably incidental to the defence of any action for damages in respect of the accident.
(6) If a person fails to comply with obligations under subsection (4) or (5) and the Commission incurs expense or suffers other prejudice in consequence of the failure, the Commission may recover compensation from the person for the expense or other prejudice, as a debt, by action in a court of competent jurisdiction.
(1) Subject to this Act, benefits are payable in accordance with this Act to, or in relation to, a person who suffers personal injury or dies in, or as a result of, a motor accident occurring in the Territory.
(2) Subject to this Act, benefits are payable to, or in relation to, a resident of the Territory who suffers personal injury or dies in, or as a result of, a motor accident occurring outside the Territory if the accident:
(a) occurs in Australia; and
(b) is caused by or arises out of the use of a Territory motor vehicle.
(3) However, a person who is entitled to statutory benefits under subsection (2) may elect to claim damages or compensation under the law of the jurisdiction in which the accident occurred and, if such a claim is made:
(a) the claimant must immediately give the Commission written notice of the claim; and
(b) the claimant’s entitlement to statutory benefits ceases; and
(c) if statutory benefits have already been paid to, or for the benefit of, the claimant under this Act:
(i) the Commission is, to the extent of the payment, subrogated to the rights of the claimant on the claim; and
(ii) the claimant must reimburse the Commission from damages or compensation (if any) awarded on the claim for the amount of the statutory benefits already paid.
9 Exclusion: driver under influence of alcohol or drug
(1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the person was driving a motor vehicle; and
(b) the person was under the influence of alcohol or a drug to such an extent that the person:
(i) was, by driving a motor vehicle, committing an offence against relevant laws regulating road traffic; or
(ii) would have been committing such an offence if the person had been driving the motor vehicle in a public street or public place; and
(c) the influence of the alcohol or drug contributed, in the Commission’s opinion, to the accident.
(2) The Commission must presume that the influence of alcohol contributed to the accident if the circumstances prescribed in the regulations exist in relation to the person, unless the contrary is established.
(3) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment.
9A Exclusion: criminal conduct contributing to accident (1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the injured person’s conduct contributed, in the Commission’s opinion, to the accident; and
(b) the injured person has been found guilty in respect of that conduct (by a court of the Territory or another jurisdiction) of:
(i) manslaughter; or
(ii) an offence of which an element is an intentional, reckless or criminally negligent act or omission that causes serious harm to, or endangers the life, health or safety of, another or others; or
(iii) an offence of which an element is dangerous driving.
(2) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment.
9B Exclusion: recklessly ignoring risk (1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was engaged in conduct that created a substantial risk of injury to the injured person; and
(b) the injured person recklessly ignored the risk.
(2) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment.
(3) This section does not apply in relation to conduct mentioned in section 11(1)(c).
(1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was driving a motor vehicle; and
(b) one of the following applies:
(i) the injured person had never held a licence to drive a motor vehicle of the relevant class under a law of the Territory or another jurisdiction;
(ii) the injured person had held such a licence but it was, at the time of the accident, under suspension (for reasons other than for the enforcement of a fine or penalty);
(iii) the injured person had held such a licence but it had been cancelled;
(iv) the injured person had held such a licence but it had lapsed or expired at least 3 months before the date of the motor accident;
(v) the injured person held such a licence but was driving the motor vehicle in breach of conditions on which the person was authorised to drive the motor vehicle.
(2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency.
(3) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment.
9D Exclusion: unregistered motor vehicle – accident with registered or conditionally registered motor vehicle (1) A person is not entitled to benefits to which this section applies for an injury or death suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was in a motor vehicle; and
(b) the motor vehicle was unregistered and had been unregistered for a period of at least 3 months; and
(c) the injured person was the owner or driver of the motor vehicle; and
(d) if the injured person was the driver of the motor vehicle:
(i) the motor vehicle was of a kind prescribed by regulation; or
(ii) otherwise – the driver knew, or ought to have known, the vehicle was unregistered; and
(e) the accident involved another motor vehicle that was either:
(i) a registered motor vehicle that, at the time of the accident, was being driven; or
(ii) a conditionally registered motor vehicle that, at the time of the accident, was being driven in compliance with the conditions or restrictions on which the vehicle was registered.
(2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency.
(3) The benefits to which this section applies are all benefits payable under this Act other than those payable under sections 18, 18BC, 18BD and 19.
(1) No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident, if:
(a) the accident occurred while the injured person was in a motor vehicle; and
(b) the motor vehicle was unregistered and had been unregistered for a period of at least 3 months; and
(c) the injured person was the owner or driver of the motor vehicle; and
(d) if the injured person was the driver of the motor vehicle:
(i) the motor vehicle was of a kind prescribed by regulation; or
(ii) otherwise – the driver knew, or ought to have known, the vehicle was unregistered; and
(e) section 9D does not apply.
(2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency.
(1) A person is not entitled to benefits to which this section applies for an injury or death suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was in a motor vehicle; and
(b) the motor vehicle was conditionally registered; and
(c) the injured person:
(i) was the owner of the conditionally registered motor vehicle; or
(ii) was the driver of the conditionally registered motor vehicle and knew, or ought to have known, that the vehicle was conditionally registered; and
(d) the vehicle was driven in breach of the conditions or restrictions on which the vehicle was registered; and
(e) the accident involved another motor vehicle that was either:
(i) a registered motor vehicle that, at the time of the accident, was being driven; or
(ii) a conditionally registered motor vehicle that, at the time of the accident, was being driven in compliance with the conditions or restrictions on which the vehicle was registered.
(2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency.
(3) The benefits to which this section applies are all benefits payable under this Act other than those payable under sections 18, 18BC, 18BD and 19.
(1) No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was in a motor vehicle; and
(b) the motor vehicle was conditionally registered; and
(c) the injured person:
(i) was the owner of the conditionally registered motor vehicle; or
(ii) was the driver of the conditionally registered motor vehicle and knew, or ought to have known, that the vehicle was conditionally registered; and
(d) the vehicle was driven in breach of the conditions or restrictions on which the vehicle was registered; and
(e) section 9F does not apply.
(2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency.
No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident if the person:
(a) was, under a law of the Territory or another jurisdiction, criminally responsible for the theft or unlawful use of a motor vehicle involved in the accident (whether or not the person’s guilt has been established in criminal proceedings); or
(b) was using a motor vehicle involved in the accident for, or in connection with, the commission of an indictable offence (against a law of the Territory or another jurisdiction); or
(c) was using a motor vehicle involved in the accident to escape from the scene of, or to avoid apprehension or escape detention for, an offence (against a law of the Territory or some other jurisdiction); or
(d) was using a motor vehicle involved in the accident intending to inflict death or injury on himself, herself or another.
No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident if the injury or death:
(a) is compensable under workers compensation legislation; or
(b) would have been so compensable but for the fact that the person’s injury or death:
(i) was deliberately self-inflicted; or
(ii) is attributable to the person’s serious and wilful misconduct.
10B Total exclusion: accidents at motor sports events
(1) No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident if a motor vehicle involved in the accident was taking part in a motor sport event, and at the time of the motor accident the injured person was:
(a) the driver of, or a passenger in, the motor vehicle; or
(b) an official or organiser of the event; or
(c) assisting in any way in the holding of the event; or
(d) assisting participants in the event; or
(e) otherwise associated with the holding of the event.
(2) In this section:
motor sport event means a race, competition, demonstration, trial, high speed test or similar event involving motor vehicles (whether formally organised or not), and any preparations for the event.
(1) No benefits are payable under this Act for a person’s injury or death in, or as a result of, a motor accident if, having regard to the nature of the accident and the context in which the accident occurred, it is reasonable to characterise the accident as a terrorist act.
(2) In this section:
terrorist act , see section 5 of theTerrorism (Emergency Powers) Act 2003 .
(1) This section applies if a person:
(a) is injured or dies in, or as a result of, a motor accident; and
(b) was, at the time of the accident, of or above the age of 16 years; and
(c) was not wearing a seat belt or safety helmet as required under the
Traffic Act 1987 (or, if the motor accident occurred in another jurisdiction, the corresponding law of the relevant jurisdiction).
Note for subsection (1)
This provision applies only to an illegal failure to wear a seat belt or a safety helmet. It does not apply if the injured person had the benefit of an exemption from the obligation to wear a seat belt or a safety helmet granted under the Motor Vehicles Act 1949.
(2) The benefits to which this section applies that are payable to, or in relation to, the person are reduced by 25% of the amount otherwise payable.
(3) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment; and
(c) compensation under sections 22 and 23 for a death or dependency.
11A Reduction: other insurance (1) This section applies if a person:
(a) is injured or dies in, or as a result of, a motor accident; and
(b) is insured under a policy of insurance or entitled to compensation under a compensation scheme (other than a workers compensation scheme).
(2) Any statutory benefits payable to, or in relation to, the person are reduced by the amount of the entitlement to insurance or compensation that arises, apart from this Act, in respect of the death or injury.
If 2 or more of the exclusions or reductions under this Part apply in relation to an injury or death, those provisions apply cumulatively.
(1) The right of any person to, and the amount of, a benefit under this Act shall be determined by the Commission, and regulations under this Act may prescribe the manner in which any such determination is to be made.
(1A) The regulations may provide for the manner in which the Commission determines whether a benefit is necessary or reasonable.
(2) In the exercise of its power to make determinations under subsection (1), the Commission may, on the advice of a medical practitioner, determine a treatment plan or a rehabilitation program for an injured person.
(3) The Commission may determine a treatment plan or rehabilitation program for an injured person:
(a) on application by the injured person; or
(b) on the Commission’s own initiative (and with or without the agreement of the injured person).
(4) A treatment plan or rehabilitation program determined under this section:
(a) may define and limit the kind and extent of treatment and care (including attendant care services) for which statutory benefits will be paid; and
(b) may impose reasonable conditions, to be complied with by the injured person, on which the entitlement to statutory benefits for treatment and care is contingent.
(5) In order to determine the nature or extent of statutory benefits to which an injured person is entitled, or to determine a treatment plan or rehabilitation program for an injured person, the Commission may exercise any of the following powers:
(a) require the injured person to undergo an examination by a medical practitioner or other person nominated by the Commission;
(ab) require the injured person to be assessed by an attendant care needs assessor nominated by the Commission;
(b) require a medical practitioner, attendant care needs assessor or other person who has examined, assessed or treated the person to provide it with details and results of any such examination, assessment or treatment and any other information prescribed by regulation;
(c) require the injured person to provide it with any other information prescribed by regulation.
(6) Before the Commission imposes a requirement under subsection (5)(b) it must obtain from the injured person a written authorisation (which will be irrevocable) to obtain information of the relevant kind from medical practitioners and other persons who have examined, assessed or treated the injured person.
(7) The Commission must suspend the payment of statutory benefits if an injured person fails without reasonable excuse to comply with:
(a) a requirement under subsection (5); or
(b) a request for a written authorisation under subsection (6); or
(c) a condition of a treatment plan or rehabilitation program.
(8) While the payment of statutory benefits is suspended under subsection (7) no right to statutory benefits accrues to the injured person.
(9) In this section:
attendant care needs assessor means a person, or a person of a class, approved by the Commission to assess a person’s need for attendant care services.
(1) Compensation for loss of earning capacity is payable under this section if an eligible person’s capacity to earn income from personal exertion (either physical or mental) is, in the opinion of the Commission, reduced as a result of an injury suffered in, or as a result of, the motor accident.
(2) Subject to subsections (3), (4) and (5) and section 14, the amount of compensation payable to a person referred to in subsection (1) is to be calculated in accordance with the following:
(a) the maximum amount payable per week is the amount determined by the Commission, for each 6 month period commencing on 1 January or 1 July, to be 85% of the average weekly earnings for all employees’ total employment earnings in the Territory based on what, in the opinion of the Commission, are the best statistics available to it before 1 January or 1 July (as the case may be), less a notional deduction for income tax;
(b) compensation is not payable to the person under subsection (1) for any of the following periods:
(i) the day of the accident;
(ii) any weekly period that the Commission determines the person is capable of working full-time, regardless of the type of work;
(iii) any weekly period that the Commission determines the person earned a sum equal to or exceeding the maximum amount determined by the Commission under paragraph (a);
(c) an amount of compensation is payable to the person under subsection (1) for the person’s loss of earning capacity, as determined by the Commission, during any 6 month period referred to in paragraph (a), which amount is calculated in accordance with subsection (3);
(d) an amount of compensation payable under subsection (1) is to be paid without any deduction for income tax.
(2A) For subsection (2), the definition
average weekly earnings in section 4 does not apply.(3) For the purposes of subsection (2)(c), the Commission must calculate the amount of compensation payable to a person under subsection (1) in accordance with the following formula:
where:
X is the number of hours per week (not exceeding 38) the Commission determines, based on a medical assessment, that the person is capable of working in any employment, whether such employment is reasonably available or not; and
MA is the maximum amount payable per week determined by the Commission under subsection (2)(a).
(4) Where a person referred to in subsection (1) is admitted as a full-time patient in a hospital or rehabilitation institution for any period which, in the opinion of the Commission, is likely to exceed 6 months, the Commission may suspend payment of the whole or part of the amounts otherwise payable under this section to that person for all or such part of that period as it thinks fit and, where that person has dependants, may make payments otherwise payable to that person to or for the benefit of such dependants, and in such amounts, as it thinks fit.
(5) The entitlements conferred by this section are subject to the following qualifications:
(a) a person stops being entitled to benefits under this section:
(i) if the day of the accident is more than 2 years before the day the person reaches pension age – on the day the person reaches pension age; or
(ii) otherwise – 104 weeks after the day of the accident;
(b) a person is not entitled to benefits under this section while detained in a penal institution (within or outside the Territory);
(c) a person is not entitled to benefits under this section while outside Australia.
(5A) Despite subsection (1), if the person mentioned in that subsection is pension age or older on the day of the accident, compensation is not payable under this section unless the Commission is satisfied that, on the day of the accident, the person was someone who earns income from personal exertion.
(6) An amount of benefit payable under this section may be paid in such instalments and at such times as the Commission, from time to time, determines, and the Commission may make any such payment in advance pending the calculation of a person’s actual entitlement under this section.
(7) In this section:
pension age , see section 23(1) of theSocial Security Act 1991 (Cth).
(1) A person who would have been entitled to a benefit under section 13 had the person suffered a reduction of earning capacity but who, at the time of the relevant accident:
(a) had not attained the age of 15 years; or
(b) had attained that age but was a full-time student at a school, college or university:
(i) there being, in the opinion of the Commission, no substantial break in the continuation of the person studies;
(ii) who was not married or in a relationship that, in the opinion of the Commission, was a de facto relationship; and
(iii) whose earnings from personal exertion (either physical or mental) in the 3 months to that time did not exceed 25% of what, in the opinion of the Commission, were the average earnings during that period of wage earners in the Territory,
shall not receive a benefit under that section except in respect of a period commencing on the date on which:
(c) the person attains the age of 15 years; or
(d) the person ceases to be a full-time student or sooner marries or enters a relationship that, in the opinion of the Commission, is a de facto relationship,
whichever is the later, and on so attaining that age, ceasing to be a full-time student or marrying or entering that relationship, as the case may be, the person shall be deemed to have suffered a reduction in earning capacity for the purposes of, and to be entitled to a benefit under, that section.
(2) Subject to subsection (3), the amount of benefit payable under section 13 to a person entitled or deemed to be entitled to receive such a benefit but who has not attained the age of 21 years and is not married is, in respect of that period while the person remains of the age indicated in Column 1 of the following Table the relevant percentage, indicated in Column 2 of the Table and set out opposite the age in Column 1, of the amount that would otherwise be payable to the person under section 13:
TABLE
Column 1 | Column 2 |
Age | Percentage |
15 | 40 |
16 | 55 |
17 | 60 |
18 | 70 |
19 | 80 |
20 | 90 |
(3) A person referred to in subsection (2) who:
(a) marries; or
(b) enters a relationship that, in the opinion of the Commission, is a de facto relationship; or
(c) has a child or other person primarily dependent on the person for financial support,
shall be entitled to the full amount of benefit calculated in accordance with section 13 in respect of the period commencing on the date of the marriage, establishment of the relationship or commencement of the dependence, as the case may be.
(1) Compensation for permanent impairment is payable under this section to an eligible person if:
(a) the injury suffered in, or as a result of, the motor accident results in a permanent impairment; and
(b) the extent of the impairment, as assessed by the Commission, is at least 5%.
(1A) The amount of the compensation is, subject to subsection (2), the assessed percentage of the prescribed amount.
(2) Where the percentage of permanent impairment of a person is assessed by the Commission as a percentage of 5% or more but less than 15% as shown in Column 1 of the following Table, the percentage of the prescribed amount payable as compensation shall be that shown in Column 2 of the Table opposite to the relevant percentage in Column 1:
TABLE
Column 1 | Column 2 |
Degree of impairment | Percentage of prescribed amount payable |
not less than 5% but less than 10% | 2 |
10% | 3 |
11% | 4 |
12% | 6 |
13% | 8 |
14% | 12 |
(3) In this section
prescribed amount , in relation to a payment, means 208 times average weekly earnings at the time the payment is made.(4) After compensation based on an assessment of the extent of a permanent impairment has been paid, no further right to compensation under this section arises even though the extent of the impairment later increases.
(5) Compensation for a permanent impairment may only be paid under this section to, or for the benefit of, a person who is, at the time of the payment, in Australia.
(1) Compensation is payable under this section for the reasonable cost of medical and rehabilitation services that are necessary and reasonably required by an eligible person as a result of an injury arising from the motor accident.
(2) Medical and rehabilitation services are:
(a) medical, surgical and dental treatment; and
(b) nursing and other professional care (not including attendant care services); and
(c) training and education (not including attendant care services) for rehabilitation of the injured person; and
(d) conveying the person to and from a hospital or other place for treatment, training, education or care referred to above; and
(e) hospitalisation, or accommodation in some other institution for the treatment, rehabilitation or care of injured persons.
(3) If the cost of accommodation, treatment or care in an Australian hospital, or an Australian institution for the treatment, rehabilitation or care of injured persons, is compensable, the compensation must, wherever practicable, be paid directly to the hospital or other institution.
(4) In determining whether the cost of medical and rehabilitation services is reasonable, the Commission will, where relevant, apply the Casemix system or other appropriate objective criteria.
(5) No compensation is to be paid under this section for:
(a) attendant care services; or
(b) services provided outside Australia.
Division 2 Attendant care services
This Subdivision does not apply to injuries suffered on or after 1 July 2014.
(1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if:
(a) the eligible person suffers an impairment as a result of the injury received in, or as a result of, the motor accident; and
(b) the person requires attendant care services in consequence of the impairment; and
(c) the person has not been assessed as eligible for long-term attendant care services.
(2) However, benefits are only payable under this section if the services are of a standard the Commission considers appropriate.
(3) Benefits payable under this section are to be determined in accordance with the regulations.
(4) The relevant limit for each week is 32 hours less the number of hours for which the eligible person receives nursing care in that week.
(5) The benefits are to be allowed, in the first instance, for a period of up to one year but the Commission may extend the period of one year if, after considering the advice of a medical practitioner, the Commission considers the extension reasonable but the aggregate period for which the benefits are payable cannot exceed 2 years.
(6) Benefits are not payable under this section for services provided outside Australia.
(1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if:
(a) the eligible person suffers a permanent impairment as a result of the injury received in, or as a result of, the motor accident; and
(b) the degree of the permanent impairment is assessed by the Commission at 60% or more; and
(c) the person requires attendant care services in consequence of the impairment.
(2) However, benefits are only payable under this section if the services are of a standard the Commission considers appropriate.
(3) Benefits payable under this section are to be determined in accordance with the regulations.
(4) The relevant limit for each week is 32 hours less the number of hours for which the eligible person receives nursing care in that week.
(5) At the end of each year for which the benefits have been paid, a further amount equivalent to 1/26 of the total amount paid for the previous year is to be paid.
(6) Benefits are not payable under this section for services provided outside Australia.
This Subdivision applies in relation to an injury suffered on or after 1 July 2014.
(1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if:
(a) the eligible person suffers an impairment as a result of the injury received in, or as a result of, the motor accident; and
(b) the person requires attendant care services in consequence of the impairment; and
(c) the person has not been assessed as eligible for interim or long-term attendant care services.
(2) Benefits are payable for a period of up to 1 year after the date of the motor accident.
(1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if:
(a) the eligible person suffers an impairment as a result of an injury received in, or as a result of, the motor accident; and
(b) the person requires attendant care services in consequence of the impairment; and
(c) the criteria prescribed by regulation for this section are satisfied.
(2) Benefits under this section are payable for life.
(1) Benefits for attendant care services are payable under this section to or for the benefit of an eligible person if:
(a) the eligible person suffers an impairment as a result of an injury received in, or as a result of, the motor accident; and
(b) the person requires attendant care services in consequence of the impairment; and
(c) the criteria prescribed by regulation for this section are satisfied.
(2) However, benefits under this section are not payable if benefits are payable under section 18BC.
(3) Benefits under this section cease to be payable:
(a) if the injured person was less than 3 years of age at the date of the accident – when the person attains 6 years of age; or
(b) otherwise – 3 years after the date the injured person makes a claim under this Act.
(4) The Commission must determine whether an injured person in receipt of benefits under this section is eligible for benefits under section 18BC prior to the expiry of the period in subsection (3).
(5) A person cannot be eligible for interim benefits for attendant care services more than once for the same impairment.
(1) Benefits are only payable under this Subdivision for attendant care services that:
(a) are provided in Australia; and
(b) in the opinion of the Commission :
(i) are necessary and reasonable in the circumstances; and
(ii) relate to the person’s injury; and
(c) are of a standard the Commission considers appropriate; and
(d) are provided by:
(i) an approved provider; or
(ii) if the Commission determines that special circumstances exist, a person approved by the Commission in writing.
(2) In this section:
approved provider means a person, or a person of a class, approved by the Commission in accordance with criteria prescribed by regulation to provide attendant care services.
(1) Benefits for attendant care services under this Subdivision are to be determined in accordance with the regulations.
(2) A benefit for attendant care services under this Subdivision must be paid directly to the provider of the attendant care services.
(3) However, if the Commission considers it appropriate, all or part of a benefit may be paid to the injured person in a manner determined by the Commission.
(1) Benefits are payable, at the discretion of the Commission, under this section if:
(a) a person is injured or dies in, or as a result of, a motor accident; and
(b) if the accident occurred outside the Territory:
(i) the accident involved a Territory motor vehicle; and
(ii) the person who is injured or dies is (or was) a resident of the Territory; and
(c) a close family member travels at least 500 km to be near the injured person or to make arrangements for the deceased person’s funeral; and
(d) it is reasonable in the circumstances for the close family member to make the journey.
(2) Benefits are payable under this section to reimburse the close family member for the costs of travel, loss of income and other financial loss resulting from the journey.
(3) If 2 or more close family members are entitled to benefits under this section, the benefits are to be divided between them as the Commission thinks fit.
(4) The total amount to be paid in respect of any one claim cannot exceed $4 000 (indexed).
(5) In this section:
close family member means:(a) a spouse, parent or child of the person injured or killed in, or as a result of, the motor accident; or
(b) if the person injured or killed in, or as a result of, the motor accident does not have a spouse, parent or child – a sibling, grandparent, grandchild, uncle or aunt of the person.
19 Cost of providing appliances, special facilities etc. (1) An eligible person is entitled to:
(a) the cost of obtaining appliances that are necessary and reasonably required in consequence of the injury suffered in, or as a result of, the motor accident; and
(b) the reasonable cost incurred, or to be incurred, in consequence of the injury in making necessary and reasonable alterations to:
(i) the building in which the person resides or proposes to reside; and
(ii) a motor vehicle; and
(iii) such other articles of personal use as, in the opinion of the Commission, require modification; and
(c) the reasonable cost of special facilities and equipment the Commission considers necessary and reasonable for the person’s rehabilitation.
(2) However, entitlements under this section are subject to the following limitations and qualifications:
(a) a benefit is not payable under this section if the eligible person is outside Australia or the benefit is to be expended outside Australia;
(b) any further limitations and qualifications imposed by the regulations.
Part 5 Payments in respect of death
In this Part:
(a) a person who dies as a result of injuries received in a motor accident occurring in the Territory; or
(b) a resident of the Territory who dies as a result of injuries received in a motor accident, involving a Territory motor vehicle, occurring outside the Territory.
(1) The Commission may reduce benefits payable under this Part if:
(a) the accident resulting in the death of the qualifying person occurred while that person was driving a motor vehicle; and
(b) the qualifying person was under the influence of alcohol or a drug to such an extent that the person:
(i) was, by driving a motor vehicle, committing an offence against relevant laws regulating road traffic; or
(ii) would have been committing such an offence if the person had been driving the motor vehicle in a public street or public place; and
(c) the influence of the alcohol or drug contributed, in the Commission’s opinion, to the accident.
(2) The Commission must presume that the influence of alcohol contributed to the accident if the circumstances prescribed in the regulations exist in relation to the person, unless the contrary is established.
(3) The Commission may reduce benefits payable under this Part if:
(a) the accident occurred while the qualifying person was engaged in conduct that created a substantial risk of injury to the qualifying person; and
(b) the qualifying person recklessly ignored the risk.
Note
This subsection applies whether the qualifying person was the driver, a passenger, a cyclist or pedestrian or involved in the accident in some other way.
(4) A reduction of benefits under this section is to be a proportion of the benefits otherwise payable considered appropriate by the Commission having regard to the extent to which the influence of alcohol or the drug or the qualifying person’s risky conduct (as the case requires) contributed to the accident.
(5) If the Commission determines that benefits are to be reduced under this section, the Commission must reduce the benefits in accordance with the regulations.
(6) Benefits payable under section 22(1)(a) must not be reduced under this section.
Where a person who, if the person had died in or as a result of the accident would have been a qualifying person is a full-time patient in a hospital or other institution because of injuries received in or as a result of an accident and, in the opinion of the Commission, the person is likely permanently to remain a full-time patient in a hospital or institution, the Commission may, at the written request of the spouse of the person, determine that this Part shall apply to and in relation to that person, and on that determination being made the person shall, for the purposes of this Part, be deemed to have died on the date of the determination and to have been a qualifying person on that date.
(1) Subject to section 37, the following benefits are payable in respect of the death of a qualifying person:
(a) to the person liable to meet the expense of the person’s funeral – the cost of the funeral or 5.2 times average weekly earnings (whichever is the lesser amount);
(b) for the benefit of the qualifying person’s spouse or dependent child (or spouse and dependent child) – the prescribed proportions of 156 times average weekly earnings at the time the payment is made.
(2) For the purposes of subsection (1)(b), a person claiming to be a spouse or a dependent child of the deceased qualifying person may apply to the Commission for a determination under that subsection.
(3) For the purposes of subsection (1)(b), the prescribed proportions are those specified in column 2 of the Table in respect of the spouse or dependent child or dependent children specified opposite in Column 1 of the Table.
TABLE
Column 1 | Column 2 |
Dependants | Proportion |
Spouse | 100% |
one child | 100% |
2 or more children | Equally between children |
Spouse and one child | 10% to child, balance to spouse |
Spouse and not more than 5 children | 5% to each child, balance to spouse |
Spouse and more than 5 children | 25% divided equally between children, balance to spouse |
(4) If, before dying as a result of the injury, the qualifying person received compensation by way of lump sum for permanent impairment resulting from the same injury, the amount of the benefit payable under subsection (1)(b) is to be reduced by the amount of that lump sum.
(1) In addition to an amount payable under section 22(1)(b) to or for the benefit of a dependent child but subject to subsection (2), there shall be paid to or for the benefit of each dependent child of a deceased qualifying person an amount per week equal to 10% of average weekly earnings at the time the payment is made.
(2) The aggregate of all amounts paid or payable per week under subsection (1) shall not exceed average weekly earnings and where there are more than 10 dependent children entitled to compensation under that subsection they shall be entitled in equal shares to an amount equal to average weekly earnings at the time the payment is made.
Where a qualifying person dies in or as a result of an accident leaving the person surviving neither a spouse nor a dependent child but a dependent parent or parents who normally resides or reside with the person, that parent or those parents shall be paid an amount equal to 156 times average weekly earnings and, if more than one, in equal shares.
If the regulations so provide, a liability to pay statutory benefits, or statutory benefits of a particular kind, may be commuted, in accordance with the regulations, to a liability to make a single payment by way of lump sum.
In this Part:
(1) There is an office of designated person for this Act.
(2) The Minister must appoint a person to be the designated person.
(3) If there is no designated person appointed under subsection (2), and no person has been appointed to act in the position, the Chief Executive Officer is the designated person.
(1) The Motor Accidents (Compensation) Appeal Tribunal continues.
(2) The Tribunal is constituted of a Supreme Court Judge.
(3) A Supreme Court Judge has, when sitting as the Tribunal, the same privileges and immunities as when sitting to exercise the jurisdiction of the Supreme Court.
(4) A witness, legal practitioner or other person appearing before the Tribunal has the same privileges and immunities as if the proceedings were proceedings of the Supreme Court.
(5) An officer of the Tribunal has the same privileges and immunities (if any) as an officer exercising corresponding functions for the Supreme Court.
(6) The reference to an officer of the Tribunal extends to any person acting on the authority or by direction of the Tribunal.
(1) A claimant who is aggrieved by a decision made on the claimant’s claim for a benefit (the
original decision ) may ask the designated person to review the merits of the decision.(2) The claimant must request the review within 90 days after:
(a) receipt of notice of the original decision; or
(b) if notice of the original decision is not given – the claimant becomes aware of the decision.
(3) The request must be in the approved form.
(1) The designated person must:
(a) conduct the review in a way that is fair and expeditious; and
(b) give proper consideration to the issues; and
(c) make a decision on the request (a
review decision ) within 30 business days after the request is made or that period as extended under subsection (3).
(2) In conducting the review the designated person may, by written notice, request the claimant within a reasonable stated period:
(a) to attend a conference; or
(b) to give additional information that is relevant to, and reasonably required to enable the assessment of, the claimant’s claim for a benefit.
(3) If, in conducting the review, the designated person requests a conference or additional information, the period for making a review decision on the request is extended by the lesser of the following:
(a) the period equal to the period between the giving of the notice making the request and the holding of the conference or giving of the information;
(b) the period equal to the period between the giving of the notice and the period stated in the notice for attending a conference or giving the information.
(4) This section is subject to section 28D.
(1) In making a review decision on the request, the designated person must:
(a) confirm the original decision; or
(b) vary the original decision; or
(c) revoke the original decision and substitute another decision for it.
(2) The designated person must give the claimant written notice of the review decision as soon as practicable after making it.
(3) The notice must include:
(a) the reasons for the review decision; and
(b) the procedures for referral to the Tribunal under Division 3.
(4) The validity of the review decision is not affected by a contravention of subsection (2) or (3).
(5) A decision under subsection (1)(b) or (c) is, for this Act (other than this Part), taken to be the decision of the Commission.
The designated person may, if satisfied it is appropriate in the circumstances to do so, refer a request under section 28A to the Tribunal for its decision.
(1) This section applies if:
(a) a claimant is aggrieved by a review decision; or
(b) the designated person does not make a review decision on a claimant’s request for a review of the original decision within the period provided under section 28B.
(2) The claimant may refer the matter to the Tribunal by giving written notice to the Tribunal in the approved form.
(3) The notice must be given within 28 days after:
(a) if subsection (1)(a) applies:
(i) receipt of notice of the review decision given under section 28C; or
(ii) if notice of the review decision is not so given – the claimant becomes aware of the decision; or
(b) if subsection (1)(b) applies – the end of the period provided under section 28B.
29 Hearing of referral (1) On referral of a matter, the Tribunal must conduct a hearing into the matter in the way it considers appropriate.
(2) In conducting a hearing, the Tribunal must:
(a) consider the matter afresh; and
(b) is not bound by anything considered in making the original or review decision to which the hearing relates (the
referred decision ).
(3) Without limiting subsection (2), the Tribunal may:
(a) take evidence that was not considered in making the referred decision; and
(b) refuse to take evidence that was considered in making the referred decision.
(4) In deciding the referral, the Tribunal must:
(a) confirm the referred decision; or
(b) vary the referred decision; or
(c) revoke the referred decision and substitute another decision for it.
(5) The Tribunal may make the orders it considers appropriate to give effect to its decision and the orders as to costs it considers just.
(6) In making an order about costs, the Tribunal:
(a) must take into account the efforts of the parties made to reach an agreement on the claimant’s claim for a benefit; and
(b) may include as costs the reasonable costs of a party incurred in relation to the efforts.
(7) A decision under subsection (4)(b) or (c) is, for this Act (other than this Part), taken to be the decision of the Commission.
(1) The Judges appointed under section 32(1) of the
Supreme Court Act 1979 who are not additional Judges, or a majority of them, may make rules, not inconsistent with this Act:(a) regulating the practice and procedures of the Tribunal; and
(b) providing for the awarding of costs in matters before the Tribunal; and
(c) regulating the referral of matters to the Tribunal; and
(d) conferring on the Tribunal additional powers which are necessary or convenient for carrying out its functions, including powers to impose and enforce penalties for a contravention of or failure to comply with the rules.
(2) The rules made under subsection (1) may confer on an Associate Judge powers and functions in relation to the Tribunal and matters referred to the Tribunal, and an Associate Judge may exercise those powers and shall perform those functions accordingly.
(2A) In addition, the rules may provide for the approval of forms for carrying out the Tribunal’s functions.
(3) Subject to subsection (1), the practice and procedures of the Tribunal in relation to a matter referred to it are as determined by it.
A decision of the Tribunal is final and shall not be capable of being reviewed in any court of law by prerogative writ or otherwise.
A person shall not:
(a) insult the Judge constituting the Tribunal in or in relation to the performance of functions or exercise of powers as the Tribunal; or
(b) repeatedly interrupt the proceedings of the Tribunal; or
(c) create a disturbance or take part in creating or continuing a disturbance in or near a place where the Tribunal is sitting; or
(d) do any other act or thing that would, if the Tribunal were a court of record, constitute a contempt of that court.
Fault element: The person intentionally does the act or thing.
Maximum penalty: 17 penalty units or imprisonment for 12 months.
(1) A request under section 28A by a claimant for a review of an original decision does not affect the operation or implementation of the decision.
(2) However, the designated person may, by written notice to the claimant:
(a) suspend the operation or implementation of so much of the original decision as the designated person considers appropriate to effectively review the decision; or
(b) impose conditions on the operation or implementation of the decision until a review decision is made.
(3) A referral of a matter under section 28D or 28E does not affect the operation or implementation of the original or review decision.
(4) However, the Tribunal may make an order staying or otherwise affecting the operation or implementation of so much of the original or review decision as the Tribunal considers appropriate to effectively decide the matter.
(5) The order:
(a) is subject to the conditions stated in the order; and
(b) has effect:
(i) for the period stated in the order; or
(ii) if no period is stated – until the Tribunal decides the matter.
Part 7 Miscellaneous matters
30C Benefits payable from MAC Fund All benefits payable under this Act are to be paid by the Commission out of the Motor Accidents (Compensation) Fund continued by section 16 of the
Motor Accidents (Compensation) Commission Act 2014 .
(1) A claim:
(a) for a benefit; or
(b) for the variation of a benefit,
under this Act shall be made as soon as practicable after the accident in or as a result of which the death or injury giving rise to the claim for a benefit, or the change in circumstances giving rise to the claim for variation of the benefit, occurred.
(1A) A claim under this section shall be in an approved form containing the particulars and information requested in the form signed by or on behalf of the claimant.
(2) The Commission may refuse to consider:
(a) a claim in respect of an accident; or
(b) a claim for the variation of a benefit,
made later than 6 months after the date of the accident or the occurrence giving rise to the claim for variation, as the case may be.
(3) The Commission shall refuse to consider:
(a) a claim in respect of an accident; or
(b) a claim for the variation of a benefit,
made:
(c) later than 3 years after the date of the accident or the occurrence giving rise to the claim for variation, as the case may be; or
(d) in the case of a claimant who had not attained the age of majority at the time of the accident or the occurrence giving rise to the claim for the variation, as the case may be, later than 3 years after the date the claimant attained the age of majority.
31A Refusal of driver's claim The Commission may refuse to consider a claim in respect of an accident made by the driver of a motor vehicle if the driver did not report the motor accident in accordance with regulation 19(2) of the
Traffic Regulations 1999 , unless, in the opinion of the Commission, the driver had a reasonable excuse for not doing so.
In the exercise of its powers and performance of its functions under this Act the Commission is not subject to the direction of anyone other than the Minister.
In the exercising of its powers under this Act the Commission may, where it considers that the circumstances of a particular case warrant such action because of special hardship that is likely to be suffered by any person, determine that the time limits imposed by this Act on the payment of benefits under Part 3, 4 (other than section 18A or 18BB) or 5 may be extended, and the benefits may be paid accordingly.
In considering any matter before it, the Commission may take such medical and other advice, and from such sources, as it considers necessary.
(1) Where under this Act a payment is required to be made to a person who has not attained the age of majority or is under some other legal disability, that payment may be made on behalf of that person to the Public Trustee or to the guardian or other person who, from time to time, has the responsibility for the immediate care and welfare of that person.
(2) A payment made in pursuance of subsection (1) is a full discharge of the Commission’s obligations in respect of that payment and it is not bound to see to the application of the money so paid.
(1) Notwithstanding any other provision of this Act, where, in respect of a resident of the Territory who is a qualifying person who is an Aboriginal or Torres Strait Islander married to more than one person according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which the resident of the Territory or any of those persons identifies (whether or not one of those marriages is a marriage in accordance with the law in force in the Territory) a benefit would, but for the operation of this section, be payable to or in respect of each of those persons, the amount of such benefit that is payable is the amount that would be so payable if the resident of the Territory had contracted only one such marriage and, in the case of a benefit payable under this Act to a spouse, it shall be payable to such spouses in equal shares.
(2) Where under section 22 there is payable to an Aboriginal or Torres Strait Islander a benefit in respect of the death of the person’s spouse and the person has more than one spouse, the amount of benefit payable to the person is the amount provided in that section divided by the number of spouses at the date of death of the spouse.
(1) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if:(a) the motor accident was caused by, or arose from, the use of a motor vehicle registered in another jurisdiction; and
(b) the indemnifier is:
(i) a person who would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the motor accident; or
(ii) a person who is liable to indemnify such a person for that liability under an insurance contract or a statutory insurance scheme.
(2) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if:(a) the motor accident was caused by, or arose from, the use of an unregistered motor vehicle on a public street or public place; and
(b) the indemnifier is a person who would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the accident.
(3) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if:(a) the indemnifier was the driver of the motor vehicle, or one of the motor vehicles involved in the accident; and
(b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the accident; and
(c) the indemnifier has been convicted in the Territory or elsewhere of an offence arising from the indemnifier’s conduct at the time of the accident; and
(d) the offence involved:
(i) intentionally, recklessly or otherwise wrongfully causing the death of, or injury to, another person; or
(ii) driving while under the influence of alcohol or a drug; or
(iii) driving with a concentration of alcohol:
(A) in the breath of 0.08 grams or more per 210 litres of exhaled breath; or
(B) in the blood of 0.08 grams or more per 100 millilitres of blood; or
(iv) refusing or failing to submit to breath analysis, or to provide a sample of blood, when lawfully required to do so.
(4) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if:(a) the indemnifier was the manufacturer or repairer of the motor vehicle, or one of the motor vehicles involved in the accident; and
(b) a defect in the manufacture or repair of the motor vehicle caused or contributed to the accident; and
(c) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury.
(5) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if:(a) the indemnifier is a person (other than the owner or driver of a motor vehicle involved in the motor accident) whose wrongful or negligent act or omission caused or contributed to the accident; and
(b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury; and
(c) the indemnifier is not otherwise liable to indemnify the Commission under this section.
(5A) A person (the
indemnifier ) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from an accident involving a motor vehicle that was taking part in a motor sport event (as defined in section 10B) if the indemnifier:(a) was an organiser of the motor sport event, or the driver or owner of the motor vehicle involved in the accident; and
(b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury.
(6) If, assuming an action in tort against the indemnifier:
(a) the indemnifier would have been entitled to a proportionate reduction of liability on account of contributory negligence; or
(b) the indemnifier would have been entitled to contribution from other persons liable for the same tort;
the extent to which the indemnifier is liable to indemnify the Commission is reduced accordingly.
(7) The extent of a reduction of liability under subsection (6) is to be determined by agreement between the Commission and the indemnifier or, in the absence of agreement, by a court in which an action for recovery of the indemnity is brought.
(8) The Commission may recover an indemnity under this section as a debt owed to the Commission by the indemnifier.
(9) If:
(a) the Commission brings an action against a natural person for recovery of an indemnity under this section; and
(b) the court is satisfied that the recovery of the full amount of the indemnity against the defendant would cause serious financial hardship;
the court may give judgment for a reduced amount that it considers reasonable in the circumstances.
(1) The Commission:
(a) may undertake the settlement of any claim against a person referred to in section 6(1) in respect of the person’s liability referred to in that section; and
(b) may take over during such period as it thinks fit the conduct on behalf of that person of any proceedings taken or had to enforce the claim or for the settlement of any question arising with reference to the claim; and
(c) may defend or conduct those proceedings in the name and on behalf of that person; and
(d) shall indemnify that person against all costs and expenses of or incidental to any of those proceedings while the Commission retains the defence or conduct of the proceedings.
(2) The person referred to in subsection (1) shall sign all such warrants and authorities as the Commission requires for the purpose of enabling it to have the defence or conduct of any proceedings referred to in that subsection and, in default of so doing, the court in which the proceedings are pending may order that the warrants and authorities be signed by the Commission on behalf of that person.
(3) Nothing said or done by or on behalf of the Commission in connection with the settlement of any such claim or the defence or conduct of any such proceedings shall be regarded as an admission of liability in respect of, or shall in any way prejudice, any other claim, action or proceeding arising out of the same occurrence.
The Administrator may make regulations under this Act.
(1) This Act, as amended by the
Motor Accidents (Compensation) Amendment Act 2007 , applies to, and in relation to, a motor accident that occurs on or after the commencement of that amending Act.(2) This Act, as in force before the commencement of the
Motor Accidents (Compensation) Amendment Act 2007 applies to, and in relation to, a motor accident that occurred before the commencement of that amending Act.(3) However:
(a) the amendments to Part 6 take effect in relation to proceedings related to motor accidents occurring both before and after the commencement of the
Motor Accidents (Compensation) Amendment Act 2007 as from the commencement of that amending Act; and(b) a person injured in or as a result of a motor accident that occurred before the commencement of the
Motor Accidents (Compensation) Amendment Act 2007 who would, if the accident had occurred after the commencement of that amending Act, be entitled to benefits for attendant care services under section 18B is entitled to have benefits for attendant care services determined under that section instead of the previous provisions for the payment of such benefits.
Division 2 Territory Insurance Office and Other Legislation Amendment Act 2010
If, before the commencement of this section, the Office has purportedly done something under this Act for the Board, the thing is taken to have been done under this Act by the Board.
In this Division:
(1) Part 3, as amended by the
Motor Accidents (Compensation) Amendment Act 2014 , applies only in relation to motor accidents that occurred after commencement.(2) Part 3, as in force before commencement, continues to apply in relation to a motor accident that occurred before commencement.
(1) Sections 18 and 19, as amended by the
Motor Accidents (Compensation) Amendment Act 2014 , apply only in relation to motor accidents that occurred after commencement.(2) Sections 18 and 19, as in force before commencement, continue to apply in relation to a motor accident that occurred before commencement.
In this Division:
(1) Section 13, as amended by the
Motor Accidents (Compensation) Amendment Act 2019 , applies only in relation to a motor accident that happens after the commencement.(2) Section 13, as in force before the commencement, continues to apply in relation to a motor accident that happened before the commencement.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 29 June 1979 |
Commenced | 1 July 1979 (s 2) |
Assent date | 15 October 1979 |
Commenced | 1 July 1979 (s 2) |
Assent date | 24 December 1981 |
Commenced | 1 July 1981 (s 2) |
Assent date | 20 July 1982 |
Commenced | ss 4 and 10: 1 July 1979; ss 7 to 9: 1 February 1982; rem: 20 July 1982 (s 2) |
Assent date | 8 October 1982 |
Commenced | 8 October 1982 |
Assent date | 3 April 1984 |
Commenced | s 4: 1 January 1984; ss 5 and 6: 1 July 1979; rem: 1 August 1984 ( |
Assent date | 28 June 1984 |
Commenced | 1 July 1984 ( |
Assent date | 18 September 1985 |
Commenced | 18 September 1985 |
Assent date | 1 October 1985 |
Commenced | 1 October 1985 |
Assent date | 19 September 1986 |
Commenced | 1 October 1986 ( |
Assent date | 19 December 1986 |
Commenced | 1 January 1987 ( |
Assent date | 27 May 1987 |
Commenced | 27 May 1987 |
Assent date | 20 September 1989 |
Commenced | 8 November 1989 (s 2, s 2 |
Assent date | 26 October 1989 |
Commenced | 8 November 1989 ( |
Assent date | 7 March 1991 |
Commenced | 1 July 1990 (s 2) |
Assent date | 25 June 1991 |
Commenced | 25 June 1991 |
Assent date | 26 September 1991 |
Commenced | 15 October 1991 ( |
Assent date | 24 December 1991 |
Commenced | 1 January 1992 (s 2) |
Assent date | 20 September 1994 |
Commenced | 20 September 1994 |
Assent date | 30 December 1994 |
Commenced | 30 December 1994 |
Assent date | 19 April 1996 |
Commenced | 1 July 1996 (s 2, s 2 |
Assent date | 11 April 1997 |
Commenced | 6 August 1997 ( |
Assent date | 27 May 1998 |
Commenced | 27 May 1998 |
Assent date | 27 June 2000 |
Commenced | 1 September 2000 ( |
Assent date | 29 June 2001 |
Commenced | 15 July 2001 (s 2, s 2 |
Assent date | 11 December 2001 |
Commenced | 1 January 2002 (s 2, s 2 |
Assent date | 11 December 2001 |
Commenced | 11 December 2001 |
Assent date | 11 December 2002 |
Commenced | s 5: 1 July 1979; rem: 11 December 2002 (s 2) |
Assent date | 7 January 2004 |
Commenced | 17 March 2004 ( |
Assent date | 17 May 2007 |
Commenced | 1 July 2007 ( |
Assent date | 12 December 2007 |
Commenced | 1 July 2008 ( |
Assent date | 18 November 2010 |
Commenced | pt 4: 1 January 2011; rem: 18 November 2010 (s 2) |
Assent date | 18 November 2010 |
Commenced | 1 February 2011 ( |
Assent date | 22 August 2011 |
Commenced | 1 September 2011 ( |
Assent date | 2 June 2014 |
Commenced | 1 July 2014 (s 2) |
Assent date | 28 November 2014 |
Commenced | pt 6, divs 1 and 2: nc (exp without commencing); pt 6, div 3: 00:01hrs 1 January 2015 ( |
Assent date | 23 April 2015 |
Commenced | ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015: ( |
Assent date | 6 April 2016 |
Commenced | 1 May 2016 (s 2, s 2 |
Assent date | 10 March 2017 |
Commenced | 12 April 2017 ( |
Assent date | 5 September 2017 |
Commenced | 22 November 2017 ( |
Assent date | 30 November 2018 |
Commenced | 1 December 2018 (s 2) |
Assent date | 30 May 2019 |
Commenced | 31 May 2019 (s 2) |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 11
s 12
s 18
s 3(2)
s 5(2)
s 4
s 15
s 11(3)
s 8
ss 4 and 6
s 77
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 LIST OF AMENDMENTS
pt 1 hdg amd No. 35, 2010, s 39
s 4 amd No. 117, 1979, s 4; No. 8, 1984, s 4; No. 32, 1986, s 4; No. 51, 1986, s 3; No. 51, 1989, s 4; No. 61, 1989, s 4; No. 48, 1991, s 4; No. 82, 1991, s 11; No. 16, 1997, ss 4 and 13; No. 17, 2001, s 21; No. 1, 2004, s 62; No. 9, 2007, s 4; No. 30, 2007, s 59; No. 35, 2010, ss 27 and 39; No. 20, 2014, s 4; No. 41, 2014, s 48; No. 9, 2015, s 31; No. 28, 2018, s 25
s 4A ins No. 9, 2007, s 5
s 4B ins No. 9, 2007, s 5
amd No. 20, 2014, s 5
s 4C ins No. 9, 2007, s 5
amd No. 35, 2010, s 39; No. 20, 2014, s 6; No. 41, 2014, s 52
s 4D ins No. 9, 2007, s 5
s 4DA ins No. 20, 2014, s 7
s 4E hdg amd No. 4, 2017, s 34
s 4E ins No. 35, 2010, s 28
pt 2 hdg amd No. 35, 2010, s 39
s 5 amd No. 8, 1984, s 5
sub No. 61, 1989, s 5
amd No. 48, 1991, s 5
sub No. 16, 1997, s 5
amd No. 24, 2000, s 4
sub No. 9, 2007, s 6
s 6 amd No. 117, 1979, s 5; No. 24, 2000, s 5; No. 9, 2007, s 7; No. 41, 2014, s 52
pt 3 hdg amd No. 35, 2010, s 39
s 7 amd No. 117, 1979, s 6
sub No. 9, 2007, s 8
amd No. 41, 2014, s 52
s 8 amd No. 61, 1989, s 6
rep No. 9, 2007, s 8
s 9 amd No. 47, 1982, s 4; No. 3, 1984, s 4; No. 8, 1984, s 6; No. 17, 1996, s 6; No. 16, 1997, s 6; No. 24, 2000, s 6; No. 60, 2001, s 11
sub No. 9, 2007, s 9
amd No. 35, 2010, s 39; No. 22, 2011, s 36
sub No. 20, 2014, s 8
amd No. 41, 2014, s 52
s 9A ins No. 20, 2014, s 8
amd No. 41, 2014, s 52
s 9B ins No. 20, 2014, s 8
ss 9C – 9G ins No. 20, 2014, s 8
amd No. 41, 2014, s 52
s 10 amd No. 117, 1979, s 7
sub No. 8, 1984, s 7
amd No. 36, 1985, s 2; No. 9, 1987, s 2; No. 31, 1991, s 14; No. 50, 1994, s 16
sub No. 9, 2007, s 9; No. 20, 2014, s 8
ss 10A – 10C ins No. 20, 2014, s 8
s 11 rep No. 48, 1991, s 6
ins No. 9, 2007, s 9
sub No. 20, 2014, s 8
ss 11A – 11B ins No. 20, 2014, s 8
s 12 amd No. 61, 1989, s 7; No. 16, 1997, s 7; No. 9, 2007, s 10; No. 35, 2010, s 39; No. 20, 2014, s 9; No. 41, 2014, s 52
pt 4 hdg amd No. 35, 2010, s 39
pt 4
div 1 hdg ins No. 20, 2014, s 10
s 13 amd No. 47, 1982, s 5; No. 32, 1986, s 5; No. 61, 1989, s 8; No. 48, 1991, s 7; No. 16, 1997, s 8; No. 73, 2002, s 5; No. 9, 2007, s 11; No. 35, 2010, s 39; No. 20, 2014, s 11; No. 41, 2014, s 52; No. 18, 2019, s 4
s 14 amd No. 47, 1982, s 6; No. 61, 1989, s 9; No. 1, 2004, s 62; No. 35, 2010, s 39; No. 41, 2014, s 52
s 15 amd No. 16, 1997, s 13; No. 62, 2001, s 15
rep No. 9, 2007, s 12
s 16 amd No. 32, 1986, s 6
rep No. 9, 2007, s 12
s 17 amd No. 47, 1982, s 7; No. 8, 1984, s 8
sub No. 61, 1989, s 10
amd No. 48, 1991, s 8; No. 9, 2007, s 13; No. 35, 2010, s 39; No. 41, 2014, s 52
s 18 amd No. 111, 1981, s 3; No. 8, 1984, s 9; No. 61, 1989, s 11; No. 8, 1991, s 3; No. 48, 1991, s 9; No. 16, 1997, s 9
sub No. 9, 2007, s 14
amd No. 35, 2010, s 39; No. 20, 2014, s 12; No. 41, 2014, s 52
pt 4
div 2 hdg ins No. 20, 2014, s 13
pt 4
sdiv 1 hdg ins No. 20, 2014, s 13
s 18AA ins No. 20, 2014, s 13
s 18A ins No. 61, 1989, s 12
amd No. 16, 1997, s 10
sub No. 9, 2007, s 14
amd No. 35, 2010, s 39; No. 20, 2014, s 14; No. 41, 2014, s 52
s 18B ins No. 61, 1989, s 12
amd No. 40, 1998, s 2
sub No. 9, 2007, s 14
amd No. 35, 2010, s 39; No. 20, 2014, s 15; No. 41, 2014, s 52
pt 4
sdiv 2 hdg ins No. 20, 2014, s 16
ss 18BA –
18BC ins No. 20, 2014, s 16
ss 18BD –
18BF ins No. 20, 2014, s 16
amd No. 41, 2014, s 52
pt 4
div 3 hdg ins No. 20, 2014, s 16
s 18C ins No. 9, 2007, s 14
amd No. 35, 2010, s 39; No. 20, 2014, s 17; No. 41, 2014, s 52
s 19 amd No. 61, 1989, s 13; No. 48, 1991, s 10
sub No. 9, 2007, s 14
amd No. 35, 2010, s 39; No. 20, 2014, s 18; No. 41, 2014, s 52
pt 5 hdg amd No. 35, 2010, s 39
s 20 amd No. 61, 1989, s 14
sub No. 9, 2007, s 15
s 20A ins No. 9, 2007, s 15
amd No. 35, 2010, s 39; No. 22, 2011, s 37; No. 20, 2014, s 19; No. 41, 2014, s 52
s 21 amd No. 16, 1997, s 13; No. 35, 2010, s 39; No. 41, 2014, s 52
s 22 amd No. 47, 1982, s 8
sub No. 3, 1984, s 5
amd No. 8, 1984, s 10
sub No. 32, 1986, s 7; No. 48, 1991, s 11
amd No. 9, 2007, s 16; No. 35, 2010, s 39; No. 41, 2014, s 52
s 23 amd No. 47, 1982, s 9
sub No. 3, 1984, s 5
amd No. 8, 1984, s 11
rep No. 32, 1986, s 7
ins No. 48, 1991, s 11
s 24 amd No. 8, 1984, s 12; No. 32, 1986, s 8
sub No. 48, 1991, s 12
amd No. 35, 2010, s 39
pt VA hdg ins No. 9, 2007, s 17
amd No. 35, 2010, s 39
s 25 amd No. 3, 1984, s 6; No. 8, 1984, s 13; No. 32, 1986, s 9
rep No. 48, 1991, s 13
ins No. 9, 2007, s 17
pt 6 hdg amd No. 35, 2010, s 29
pt 6
div 1 hdg ins No. 35, 2010, s 29
s 26 amd No. 8, 1984, s 14
rep No. 48, 1991, s 13
ins No. 35, 2010, s 29
s 27 sub No. 3, 1984, s 7
amd No. 32, 1986, s 10; No. 51, 1989, s 5; No. 16, 1997, s 11; No. 9, 2007, s 18
sub No. 35, 2010, s 29
amd No. 41, 2014, s 49
s 28 amd No. 3, 1984, s 8; No. 36, 1985, s 3
sub No. 9, 2007, s 19
amd No. 8, 2016, s 45
pt 6
div 2 hdg ins No. 35, 2010, s 30
ss 28A – 28B ins No. 35, 2010, s 30
s 28C ins No. 35, 2010, s 30
amd No. 41, 2014, s 52
pt 6
div 3 hdg ins No. 35, 2010, s 31
ss 28D – 28E ins No. 35, 2010, s 31
s 29 amd No. 3, 1984, s 9
sub No. 35, 2010, s 31
amd No. 41, 2014, s 52
pt 6
div 4 hdg ins No. 35, 2010, s 31
s 29A ins No. 3, 1984, s 10
amd No. 35, 2010, s 32; No. 18, 2017, s 36
s 29B ins No. 51, 1985, s 3(1)
rep No. 51, 1985, s 3(2)
s 30A ins No. 32, 1986, s 11
amd No. 35, 2010, s 33; No. 38, 2010, s 4
s 30B ins No. 35, 2010, s 34
pt 7 hdg amd No. 35, 2010, s 29
s 30C ins No. 41, 2014, s 50
s 31 amd No. 77, 1994, s 2; No. 16, 1997, s 12; No. 35, 2010, s 39; No. 41, 2014, s 52
s 31A ins No. 20, 2014, s 20
amd No. 41, 2014, s 52
s 32 sub No. 35, 2010, s 35
amd No. 41, 2014, s 52
s 33 amd No. 3, 1984, s 11; No. 61, 1989, s 15; No. 48, 1991, s 14; No. 35, 2010, s 39; No. 20, 2014, s 21; No. 41, 2014, s 52
ss 34 – 35 amd No. 35, 2010, s 39; No. 41, 2014, s 52
s 36 amd No. 51, 1989, s 6
sub No. 35, 2010, s 36
rep No. 41, 2014, s 51
s 37 amd No. 54, 1982, s 2; No. 32, 1986, s 12; No. 1, 2004, s 62; No. 35, 2010, s 39
s 38 amd No. 117, 1979, s 8; No. 8, 1984, s 15; No. 17, 1996, s 6; No. 24, 2000, s 7
sub No. 9, 2007, s 20
amd No. 22, 2011, s 38; No. 20, 2014, s 22; No. 41, 2014, s 52
s 39 rep No. 8, 1984, s 16
s 40 amd No. 35, 2010, s 39; No. 41, 2014, s 52
s 40A ins No. 117, 1979, s 9
amd No. 47, 1982, s 10
rep No. 9, 2007, s 21
s 41 rep No. 9, 2007, s 21
s 42 sub No. 35, 2010, s 37
pt VIII hdg ins No. 9, 2007, s 22
amd No. 35, 2010, s 39
sub No. 20, 2014, s 23
pt 8
div 1 hdg ins No. 20, 2014, s 23
s 43 ins No. 9, 2007, s 22
amd No. 35, 2010, s 39
pt 9 hdg ins No. 35, 2010, s 38
sub No. 20, 2014, s 24
pt 8
div 2 hdg ins No. 20, 2014, s 24
s 44 ins No. 35, 2010, s 38
pt 8
div 3 hdg ins No. 20, 2014, s.25
ss45 – 47 ins No. 20, 2014, s 25
pt 8
div 4 hdg ins No. 18, 2019, s 5
ss 48 – 49 ins No. 18, 2019, s 5
sch sub No. 8, 1984, s 17
rep No. 20, 2014, s 26
0
0
0