{"id":"motor-accidents-compensation-act-1979","name":"Motor Accidents (Compensation) Act 1979","slug":"motor-accidents-compensation-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30410,"registerId":"nt-motor-accidents-compensation-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4A","sectionType":"section","heading":"Motor accidents","content":"4A Motor accidents\n(1) A motor accident is an occurrence:\n(a) caused by or arising out of the use of a motor vehicle; and\n(b) resulting in the death of, or injury to, a person.\n\nPart 1 Preliminary matters\nMotor Accidents (Compensation) Act 1979 5\n(2) A motor accident is caused by or arises out of the use of a motor\nvehicle if, and only if, it results directly from:\n(a) the driving of the motor vehicle; or\n(b) the motor vehicle moving out of control; or\n(c) a collision, or action to avoid a collision, with the motor vehicle\n(whether the motor vehicle is stationary or moving).\n(3) If a person renders assistance, or attempts to render assistance, at\nthe scene of a motor accident and, as a result of doing so, dies or is\ninjured, the accident is taken to have resulted in the death or injury.\n","sortOrder":0},{"sectionNumber":"4B","sectionType":"section","heading":"Residents of the Territory","content":"4B Residents of the Territory\n(1) A person is, at the time of a motor accident, a resident of the\nTerritory if the person has resided in the Territory for a continuous\nperiod of at least 3 months.\n(2) However, a person is not to be regarded as a resident of the\nTerritory if:\n(a) the person is, at the relevant time, not living in the Territory\nand either:\n(i) the person has been living outside the Territory for a\ncontinuous period of 6 months or more; or\n(ii) the person's primary dwelling house or primary\nemployment is not in the Territory; or\n(b) the person has left the Territory with the intention of no longer\nresiding in the Territory.\n","sortOrder":1},{"sectionNumber":"4C","sectionType":"section","heading":"Permanent impairment","content":"4C Permanent impairment\n(1) The question whether an impairment or combination of impairments\nis permanent and, if so, the extent of the permanent impairment is\nto be determined by the Commission.\n(2) The determination is to be made:\n(a) in accordance with the edition of the American Medical\nAssociation Guides to the Evaluation of Permanent\nImpairment prescribed by regulation as modified by regulation;\nand\n(b) on the advice of a medical practitioner.\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1 Preliminary matters\nMotor Accidents (Compensation) Act 1979 6\n(3) The extent of a permanent impairment is to be expressed as a\npercentage of the whole person in accordance with the relevant\nGuides.\n(4) An impairment is not considered to be a permanent impairment\nunless the extent of the impairment as assessed in accordance with\nthis section is at least 5%.\n","sortOrder":3},{"sectionNumber":"4D","sectionType":"section","heading":"Attendant care services","content":"4D Attendant care services\n(1) Attendant care services are personal and household services\nreasonably required by an injured person as a result of the injury.\n(2) However, attendant care services do not include:\n(a) medical and rehabilitation services; or\n(b) nursing care; or\n(c) services provided in, or provided while the injured person is in,\na hospital, nursing home or other institution for the treatment,\nrehabilitation or care of injured persons.\n(3) In this section:\nhousehold services means services of a domestic nature\n(including cooking, house cleaning, laundry, and gardening) for\nrunning and maintaining the injured person's household.\npersonal services means services for the essential and regular\npersonal care of the injured person.\n4DA Registered, conditionally registered and unregistered motor\nvehicles\n(1) A motor vehicle is unregistered if:\n(a) it is neither registered under the Motor Vehicles Act 1949 nor\nthe corresponding law of another jurisdiction and is not\ndeemed to be registered for the purposes of the Traffic\nAct 1987; or\n(b) it is deemed to be unregistered for the purposes of the\nTraffic Act 1987.\n(2) However, a motor vehicle is not to be regarded as unregistered if:\n(a) an exemption from registration issued by the Registrar of\nMotor Vehicles under the Motor Vehicles Act 1949 is in force\nfor the vehicle; or\n\nPart 2 Liability\nMotor Accidents (Compensation) Act 1979 7\n(b) the motor vehicle is being driven while bearing a trader's plate\nin accordance with section 35 of the Motor Vehicles Act 1949.\n(3) A motor vehicle is conditionally registered if it is registered under\nthe Motor Vehicles Act 1949 or the corresponding law of another\njurisdiction subject to any condition or restriction.\n(4) A motor vehicle is registered if it is not unregistered or conditionally\nregistered.\n","sortOrder":4},{"sectionNumber":"4E","sectionType":"section","heading":"Application of Criminal Code","content":"4E Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4E\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Liability","content":"Part 2 Liability\n5 Abolition of common law rights\n(1) An action for damages does not lie (either at common law or by\nstatute) for the death of, or injury to, a person arising from a motor\naccident that occurs in the Territory.\n(2) It is the Legislative Assembly's intention:\n(a) that this section should apply within and outside the Territory;\nand\n(b) that it should apply outside the Territory to the full extent of the\nextraterritorial legislative capacity of the Territory.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Commission to indemnify certain persons","content":"6 Commission to indemnify certain persons\n(1) Subject to subsections (2) and (3), the Commission must indemnify\nthe owner or driver of a Territory motor vehicle for any relevant\nliability incurred in respect of the death of, or injury to, a person\narising from a motor accident caused by, or arising out the use of,\nthe motor vehicle outside the Territory but within Australia.\n(2) The Commission is not bound to indemnify a person under\nsubsection (1) where that person is already indemnified under any\ncontract of insurance or under the law applicable in the place where\nthe accident occurred.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 8\n(3) A relevant liability is:\n(a) a liability for damages (but not for exemplary or punitive\ndamages); or\n(b) if the death or injury is compensated under a statutory scheme\nand the owner or driver is liable to the administrator of the\nstatutory scheme – the liability to the administrator of the\nstatutory scheme.\n(4) A person who is entitled to be indemnified under subsection (1)\nmust co-operate with the Commission in respect of any action for\ndamages in respect of the accident.\n(5) Without limiting subsection (4), the person must provide any\ninformation that the Commission may reasonably require and\nattend to any matter that is reasonably incidental to the defence of\nany action for damages in respect of the accident.\n(6) If a person fails to comply with obligations under subsection (4)\nor (5) and the Commission incurs expense or suffers other\nprejudice in consequence of the failure, the Commission may\nrecover compensation from the person for the expense or other\nprejudice, as a debt, by action in a court of competent jurisdiction.\nPart 3 Entitlement to benefits\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Benefits for death or injury resulting from motor accidents","content":"7 Benefits for death or injury resulting from motor accidents\n(1) Subject to this Act, benefits are payable in accordance with this Act\nto, or in relation to, a person who suffers personal injury or dies in,\nor as a result of, a motor accident occurring in the Territory.\n(2) Subject to this Act, benefits are payable to, or in relation to, a\nresident of the Territory who suffers personal injury or dies in, or as\na result of, a motor accident occurring outside the Territory if the\naccident:\n(a) occurs in Australia; and\n(b) is caused by or arises out of the use of a Territory motor\nvehicle.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 9\n(3) However, a person who is entitled to statutory benefits under\nsubsection (2) may elect to claim damages or compensation under\nthe law of the jurisdiction in which the accident occurred and, if\nsuch a claim is made:\n(a) the claimant must immediately give the Commission written\nnotice of the claim; and\n(b) the claimant's entitlement to statutory benefits ceases; and\n(c) if statutory benefits have already been paid to, or for the\nbenefit of, the claimant under this Act:\n(i) the Commission is, to the extent of the payment,\nsubrogated to the rights of the claimant on the claim; and\n(ii) the claimant must reimburse the Commission from\ndamages or compensation (if any) awarded on the claim\nfor the amount of the statutory benefits already paid.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Exclusion: driver under influence of alcohol or drug","content":"9 Exclusion: driver under influence of alcohol or drug\n(1) A person is not entitled to benefits to which this section applies for\nan injury suffered in, or as a result of, a motor accident if:\n(a) the accident occurred while the person was driving a motor\nvehicle; and\n(b) the person was under the influence of alcohol or a drug to\nsuch an extent that the person:\n(i) was, by driving a motor vehicle, committing an offence\nagainst relevant laws regulating road traffic; or\n(ii) would have been committing such an offence if the\nperson had been driving the motor vehicle in a public\nstreet or public place; and\n(c) the influence of the alcohol or drug contributed, in the\nCommission's opinion, to the accident.\n(2) The Commission must presume that the influence of alcohol\ncontributed to the accident if the circumstances prescribed in the\nregulations exist in relation to the person, unless the contrary is\nestablished.\n(3) The benefits to which this section applies are:\n(a) compensation for loss of earning capacity; and\n(b) lump sum compensation for a permanent impairment.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 10\n","sortOrder":9},{"sectionNumber":"9A","sectionType":"section","heading":"Exclusion: criminal conduct contributing to accident","content":"9A Exclusion: criminal conduct contributing to accident\n(1) A person is not entitled to benefits to which this section applies for\nan injury suffered in, or as a result of, a motor accident if:\n(a) the injured person's conduct contributed, in the Commission's\nopinion, to the accident; and\n(b) the injured person has been found guilty in respect of that\nconduct (by a court of the Territory or another jurisdiction) of:\n(i) manslaughter; or\n(ii) an offence of which an element is an intentional,\nreckless or criminally negligent act or omission that\ncauses serious harm to, or endangers the life, health or\nsafety of, another or others; or\n(iii) an offence of which an element is dangerous driving.\n(2) The benefits to which this section applies are:\n(a) compensation for loss of earning capacity; and\n(b) lump sum compensation for a permanent impairment.\n","sortOrder":10},{"sectionNumber":"9B","sectionType":"section","heading":"Exclusion: recklessly ignoring risk","content":"9B Exclusion: recklessly ignoring risk\n(1) A person is not entitled to benefits to which this section applies for\nan injury suffered in, or as a result of, a motor accident if:\n(a) the accident occurred while the injured person was engaged in\nconduct that created a substantial risk of injury to the injured\nperson; and\n(b) the injured person recklessly ignored the risk.\n(2) The benefits to which this section applies are:\n(a) compensation for loss of earning capacity; and\n(b) lump sum compensation for a permanent impairment.\n(3) This section does not apply in relation to conduct mentioned in\nsection 11(1)(c).\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 11\n","sortOrder":11},{"sectionNumber":"9C","sectionType":"section","heading":"Exclusion: unlicensed driver","content":"9C Exclusion: unlicensed driver\n(1) A person is not entitled to benefits to which this section applies for\nan injury suffered in, or as a result of, a motor accident if:\n(a) the accident occurred while the injured person was driving a\nmotor vehicle; and\n(b) one of the following applies:\n(i) the injured person had never held a licence to drive a\nmotor vehicle of the relevant class under a law of the\nTerritory or another jurisdiction;\n(ii) the injured person had held such a licence but it was, at\nthe time of the accident, under suspension (for reasons\nother than for the enforcement of a fine or penalty);\n(iii) the injured person had held such a licence but it had\nbeen cancelled;\n(iv) the injured person had held such a licence but it had\nlapsed or expired at least 3 months before the date of\nthe motor accident;\n(v) the injured person held such a licence but was driving\nthe motor vehicle in breach of conditions on which the\nperson was authorised to drive the motor vehicle.\n(2) However, subsection (1) does not apply if, in the opinion of the\nCommission, the circumstances in which the vehicle was being\ndriven amounted to an emergency.\n(3) The benefits to which this section applies are:\n(a) compensation for loss of earning capacity; and\n(b) lump sum compensation for a permanent impairment.\n","sortOrder":12},{"sectionNumber":"9D","sectionType":"section","heading":"Exclusion: unregistered motor vehicle – accident with","content":"9D Exclusion: unregistered motor vehicle – accident with\nregistered or conditionally registered motor vehicle\n(1) A person is not entitled to benefits to which this section applies for\nan injury or death suffered in, or as a result of, a motor accident if:\n(a) the accident occurred while the injured person was in a motor\nvehicle; and\n(b) the motor vehicle was unregistered and had been\nunregistered for a period of at least 3 months; and\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 12\n(c) the injured person was the owner or driver of the motor\nvehicle; and\n(d) if the injured person was the driver of the motor vehicle:\n(i) the motor vehicle was of a kind prescribed by regulation;\nor\n(ii) otherwise – the driver knew, or ought to have known, the\nvehicle was unregistered; and\n(e) the accident involved another motor vehicle that was either:\n(i) a registered motor vehicle that, at the time of the\naccident, was being driven; or\n(ii) a conditionally registered motor vehicle that, at the time\nof the accident, was being driven in compliance with the\nconditions or restrictions on which the vehicle was\nregistered.\n(2) However, subsection (1) does not apply if, in the opinion of the\nCommission, the circumstances in which the vehicle was being\ndriven amounted to an emergency.\n(3) The benefits to which this section applies are all benefits payable\nunder this Act other than those payable under sections 18, 18BC,\n18BD and 19.\n","sortOrder":13},{"sectionNumber":"9E","sectionType":"section","heading":"Total exclusion: unregistered motor vehicle – other accidents","content":"9E Total exclusion: unregistered motor vehicle – other accidents\n(1) No benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident, if:\n(a) the accident occurred while the injured person was in a motor\nvehicle; and\n(b) the motor vehicle was unregistered and had been\nunregistered for a period of at least 3 months; and\n(c) the injured person was the owner or driver of the motor\nvehicle; and\n(d) if the injured person was the driver of the motor vehicle:\n(i) the motor vehicle was of a kind prescribed by regulation;\nor\n(ii) otherwise – the driver knew, or ought to have known, the\nvehicle was unregistered; and\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 13\n(e) section 9D does not apply.\n(2) However, subsection (1) does not apply if, in the opinion of the\nCommission, the circumstances in which the vehicle was being\ndriven amounted to an emergency.\n","sortOrder":14},{"sectionNumber":"9F","sectionType":"section","heading":"Exclusion: conditionally registered motor vehicle – accident","content":"9F Exclusion: conditionally registered motor vehicle – accident\nwith registered or conditionally registered motor vehicle\n(1) A person is not entitled to benefits to which this section applies for\nan injury or death suffered in, or as a result of, a motor accident if:\n(a) the accident occurred while the injured person was in a motor\nvehicle; and\n(b) the motor vehicle was conditionally registered; and\n(c) the injured person:\n(i) was the owner of the conditionally registered motor\nvehicle; or\n(ii) was the driver of the conditionally registered motor\nvehicle and knew, or ought to have known, that the\nvehicle was conditionally registered; and\n(d) the vehicle was driven in breach of the conditions or\nrestrictions on which the vehicle was registered; and\n(e) the accident involved another motor vehicle that was either:\n(i) a registered motor vehicle that, at the time of the\naccident, was being driven; or\n(ii) a conditionally registered motor vehicle that, at the time\nof the accident, was being driven in compliance with the\nconditions or restrictions on which the vehicle was\nregistered.\n(2) However, subsection (1) does not apply if, in the opinion of the\nCommission, the circumstances in which the vehicle was being\ndriven amounted to an emergency.\n(3) The benefits to which this section applies are all benefits payable\nunder this Act other than those payable under sections 18, 18BC,\n18BD and 19.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 14\n","sortOrder":15},{"sectionNumber":"9G","sectionType":"section","heading":"Total exclusion: conditionally registered motor vehicle – other","content":"9G Total exclusion: conditionally registered motor vehicle – other\naccidents\n(1) No benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident if:\n(a) the accident occurred while the injured person was in a motor\nvehicle; and\n(b) the motor vehicle was conditionally registered; and\n(c) the injured person:\n(i) was the owner of the conditionally registered motor\nvehicle; or\n(ii) was the driver of the conditionally registered motor\nvehicle and knew, or ought to have known, that the\nvehicle was conditionally registered; and\n(d) the vehicle was driven in breach of the conditions or\nrestrictions on which the vehicle was registered; and\n(e) section 9F does not apply.\n(2) However, subsection (1) does not apply if, in the opinion of the\nCommission, the circumstances in which the vehicle was being\ndriven amounted to an emergency.\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Total exclusion: criminal use of vehicle","content":"10 Total exclusion: criminal use of vehicle\nNo benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident if the person:\n(a) was, under a law of the Territory or another jurisdiction,\ncriminally responsible for the theft or unlawful use of a motor\nvehicle involved in the accident (whether or not the person's\nguilt has been established in criminal proceedings); or\n(b) was using a motor vehicle involved in the accident for, or in\nconnection with, the commission of an indictable offence\n(against a law of the Territory or another jurisdiction); or\n(c) was using a motor vehicle involved in the accident to escape\nfrom the scene of, or to avoid apprehension or escape\ndetention for, an offence (against a law of the Territory or\nsome other jurisdiction); or\n(d) was using a motor vehicle involved in the accident intending to\ninflict death or injury on himself, herself or another.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 15\n","sortOrder":17},{"sectionNumber":"10A","sectionType":"section","heading":"Total exclusion: workers compensation","content":"10A Total exclusion: workers compensation\nNo benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident if the injury or death:\n(a) is compensable under workers compensation legislation; or\n(b) would have been so compensable but for the fact that the\nperson's injury or death:\n(i) was deliberately self-inflicted; or\n(ii) is attributable to the person's serious and wilful\nmisconduct.\n","sortOrder":18},{"sectionNumber":"10B","sectionType":"section","heading":"Total exclusion: accidents at motor sports events","content":"10B Total exclusion: accidents at motor sports events\n(1) No benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident if a motor vehicle involved in\nthe accident was taking part in a motor sport event, and at the time\nof the motor accident the injured person was:\n(a) the driver of, or a passenger in, the motor vehicle; or\n(b) an official or organiser of the event; or\n(c) assisting in any way in the holding of the event; or\n(d) assisting participants in the event; or\n(e) otherwise associated with the holding of the event.\n(2) In this section:\nmotor sport event means a race, competition, demonstration, trial,\nhigh speed test or similar event involving motor vehicles (whether\nformally organised or not), and any preparations for the event.\n","sortOrder":19},{"sectionNumber":"10C","sectionType":"section","heading":"Total exclusion: terrorist acts","content":"10C Total exclusion: terrorist acts\n(1) No benefits are payable under this Act for a person's injury or death\nin, or as a result of, a motor accident if, having regard to the nature\nof the accident and the context in which the accident occurred, it is\nreasonable to characterise the accident as a terrorist act.\n(2) In this section:\nterrorist act, see section 5 of the Terrorism (Emergency\nPowers) Act 2003.\n\nPart 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 16\n","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Reduction: failure to wear seatbelt or safety helmet","content":"11 Reduction: failure to wear seatbelt or safety helmet\n(1) This section applies if a person:\n(a) is injured or dies in, or as a result of, a motor accident; and\n(b) was, at the time of the accident, of or above the age of\n16 years; and\n(c) was not wearing a seat belt or safety helmet as required under\nthe Traffic Act 1987 (or, if the motor accident occurred in\nanother jurisdiction, the corresponding law of the relevant\njurisdiction).\nNote for subsection (1)\nThis provision applies only to an illegal failure to wear a seat belt or a safety\nhelmet. It does not apply if the injured person had the benefit of an exemption\nfrom the obligation to wear a seat belt or a safety helmet granted under the Motor\nVehicles Act 1949.\n(2) The benefits to which this section applies that are payable to, or in\nrelation to, the person are reduced by 25% of the amount otherwise\npayable.\n(3) The benefits to which this section applies are:\n(a) compensation for loss of earning capacity; and\n(b) lump sum compensation for a permanent impairment; and\n(c) compensation under sections 22 and 23 for a death or\ndependency.\n","sortOrder":21},{"sectionNumber":"11A","sectionType":"section","heading":"Reduction: other insurance","content":"11A Reduction: other insurance\n(1) This section applies if a person:\n(a) is injured or dies in, or as a result of, a motor accident; and\n(b) is insured under a policy of insurance or entitled to\ncompensation under a compensation scheme (other than a\nworkers compensation scheme).\n(2) Any statutory benefits payable to, or in relation to, the person are\nreduced by the amount of the entitlement to insurance or\ncompensation that arises, apart from this Act, in respect of the\ndeath or injury.\n\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Entitlement to benefits","content":"Part 3 Entitlement to benefits\nMotor Accidents (Compensation) Act 1979 17\n","sortOrder":23},{"sectionNumber":"11B","sectionType":"section","heading":"More than one exclusion or reduction","content":"11B More than one exclusion or reduction\nIf 2 or more of the exclusions or reductions under this Part apply in\nrelation to an injury or death, those provisions apply cumulatively.\n","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Rights to benefits to be determined by Commission","content":"12 Rights to benefits to be determined by Commission\n(1) The right of any person to, and the amount of, a benefit under this\nAct shall be determined by the Commission, and regulations under\nthis Act may prescribe the manner in which any such determination\nis to be made.\n(1A) The regulations may provide for the manner in which the\nCommission determines whether a benefit is necessary or\nreasonable.\n(2) In the exercise of its power to make determinations under\nsubsection (1), the Commission may, on the advice of a medical\npractitioner, determine a treatment plan or a rehabilitation program\nfor an injured person.\n(3) The Commission may determine a treatment plan or rehabilitation\nprogram for an injured person:\n(a) on application by the injured person; or\n(b) on the Commission's own initiative (and with or without the\nagreement of the injured person).\n(4) A treatment plan or rehabilitation program determined under this\nsection:\n(a) may define and limit the kind and extent of treatment and care\n(including attendant care services) for which statutory benefits\nwill be paid; and\n(b) may impose reasonable conditions, to be complied with by the\ninjured person, on which the entitlement to statutory benefits\nfor treatment and care is contingent.\n(5) In order to determine the nature or extent of statutory benefits to\nwhich an injured person is entitled, or to determine a treatment plan\nor rehabilitation program for an injured person, the Commission\nmay exercise any of the following powers:\n(a) require the injured person to undergo an examination by a\nmedical practitioner or other person nominated by the\nCommission;\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 18\n(ab) require the injured person to be assessed by an attendant\ncare needs assessor nominated by the Commission;\n(b) require a medical practitioner, attendant care needs assessor\nor other person who has examined, assessed or treated the\nperson to provide it with details and results of any such\nexamination, assessment or treatment and any other\ninformation prescribed by regulation;\n(c) require the injured person to provide it with any other\ninformation prescribed by regulation.\n(6) Before the Commission imposes a requirement under\nsubsection (5)(b) it must obtain from the injured person a written\nauthorisation (which will be irrevocable) to obtain information of the\nrelevant kind from medical practitioners and other persons who\nhave examined, assessed or treated the injured person.\n(7) The Commission must suspend the payment of statutory benefits if\nan injured person fails without reasonable excuse to comply with:\n(a) a requirement under subsection (5); or\n(b) a request for a written authorisation under subsection (6); or\n(c) a condition of a treatment plan or rehabilitation program.\n(8) While the payment of statutory benefits is suspended under\nsubsection (7) no right to statutory benefits accrues to the injured\nperson.\n(9) In this section:\nattendant care needs assessor means a person, or a person of a\nclass, approved by the Commission to assess a person's need for\nattendant care services.\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Compensation for loss of earning capacity","content":"13 Compensation for loss of earning capacity\n(1) Compensation for loss of earning capacity is payable under this\nsection if an eligible person's capacity to earn income from personal\nexertion (either physical or mental) is, in the opinion of the\nCommission, reduced as a result of an injury suffered in, or as a\nresult of, the motor accident.\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 19\n(2) Subject to subsections (3), (4) and (5) and section 14, the amount\nof compensation payable to a person referred to in subsection (1) is\nto be calculated in accordance with the following:\n(a) the maximum amount payable per week is the amount\ndetermined by the Commission, for each 6 month period\ncommencing on 1 January or 1 July, to be 85% of the average\nweekly earnings for all employees' total employment earnings\nin the Territory based on what, in the opinion of the\nCommission, are the best statistics available to it before\n1 January or 1 July (as the case may be), less a notional\ndeduction for income tax;\n(b) compensation is not payable to the person under\nsubsection (1) for any of the following periods:\n(i) the day of the accident;\n(ii) any weekly period that the Commission determines the\nperson is capable of working full-time, regardless of the\ntype of work;\n(iii) any weekly period that the Commission determines the\nperson earned a sum equal to or exceeding the\nmaximum amount determined by the Commission under\nparagraph (a);\n(c) an amount of compensation is payable to the person under\nsubsection (1) for the person's loss of earning capacity, as\ndetermined by the Commission, during any 6 month period\nreferred to in paragraph (a), which amount is calculated in\naccordance with subsection (3);\n(d) an amount of compensation payable under subsection (1) is to\nbe paid without any deduction for income tax.\n(2A) For subsection (2), the definition average weekly earnings in\nsection 4 does not apply.\n(3) For the purposes of subsection (2)(c), the Commission must\ncalculate the amount of compensation payable to a person under\nsubsection (1) in accordance with the following formula:\nMA\n38\nX38 ×\n\n\n\n\n −\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 20\nwhere:\nX is the number of hours per week (not exceeding 38) the\nCommission determines, based on a medical assessment,\nthat the person is capable of working in any employment,\nwhether such employment is reasonably available or not; and\nMA is the maximum amount payable per week determined by the\nCommission under subsection (2)(a).\n(4) Where a person referred to in subsection (1) is admitted as a full-\ntime patient in a hospital or rehabilitation institution for any period\nwhich, in the opinion of the Commission, is likely to exceed 6\nmonths, the Commission may suspend payment of the whole or\npart of the amounts otherwise payable under this section to that\nperson for all or such part of that period as it thinks fit and, where\nthat person has dependants, may make payments otherwise\npayable to that person to or for the benefit of such dependants, and\nin such amounts, as it thinks fit.\n(5) The entitlements conferred by this section are subject to the\nfollowing qualifications:\n(a) a person stops being entitled to benefits under this section:\n(i) if the day of the accident is more than 2 years before the\nday the person reaches pension age – on the day the\nperson reaches pension age; or\n(ii) otherwise – 104 weeks after the day of the accident;\n(b) a person is not entitled to benefits under this section while\ndetained in a penal institution (within or outside the Territory);\n(c) a person is not entitled to benefits under this section while\noutside Australia.\n(5A) Despite subsection (1), if the person mentioned in that subsection is\npension age or older on the day of the accident, compensation is\nnot payable under this section unless the Commission is satisfied\nthat, on the day of the accident, the person was someone who\nearns income from personal exertion.\n(6) An amount of benefit payable under this section may be paid in\nsuch instalments and at such times as the Commission, from time\nto time, determines, and the Commission may make any such\npayment in advance pending the calculation of a person's actual\nentitlement under this section.\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 21\n(7) In this section:\npension age, see section 23(1) of the Social Security Act 1991\n(Cth).\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Benefits payable to young persons","content":"14 Benefits payable to young persons\n(1) A person who would have been entitled to a benefit under\nsection 13 had the person suffered a reduction of earning capacity\nbut who, at the time of the relevant accident:\n(a) had not attained the age of 15 years; or\n(b) had attained that age but was a full-time student at a school,\ncollege or university:\n(i) there being, in the opinion of the Commission, no\nsubstantial break in the continuation of the person\nstudies;\n(ii) who was not married or in a relationship that, in the\nopinion of the Commission, was a de facto relationship;\nand\n(iii) whose earnings from personal exertion (either physical\nor mental) in the 3 months to that time did not exceed\n25% of what, in the opinion of the Commission, were the\naverage earnings during that period of wage earners in\nthe Territory,\nshall not receive a benefit under that section except in respect of a\nperiod commencing on the date on which:\n(c) the person attains the age of 15 years; or\n(d) the person ceases to be a full-time student or sooner marries\nor enters a relationship that, in the opinion of the Commission,\nis a de facto relationship,\nwhichever is the later, and on so attaining that age, ceasing to be a\nfull-time student or marrying or entering that relationship, as the\ncase may be, the person shall be deemed to have suffered a\nreduction in earning capacity for the purposes of, and to be entitled\nto a benefit under, that section.\n(2) Subject to subsection (3), the amount of benefit payable under\nsection 13 to a person entitled or deemed to be entitled to receive\nsuch a benefit but who has not attained the age of 21 years and is\nnot married is, in respect of that period while the person remains of\nthe age indicated in Column 1 of the following Table the relevant\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 22\npercentage, indicated in Column 2 of the Table and set out opposite\nthe age in Column 1, of the amount that would otherwise be\npayable to the person under section 13:\nTABLE\nColumn 1 Column 2\nAge Percentage\n15 40\n16 55\n17 60\n18 70\n19 80\n20 90\n(3) A person referred to in subsection (2) who:\n(a) marries; or\n(b) enters a relationship that, in the opinion of the Commission, is\na de facto relationship; or\n(c) has a child or other person primarily dependent on the person\nfor financial support,\nshall be entitled to the full amount of benefit calculated in\naccordance with section 13 in respect of the period commencing on\nthe date of the marriage, establishment of the relationship or\ncommencement of the dependence, as the case may be.\n","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Compensation for loss of limb or other permanent impairment","content":"17 Compensation for loss of limb or other permanent impairment\n(1) Compensation for permanent impairment is payable under this\nsection to an eligible person if:\n(a) the injury suffered in, or as a result of, the motor accident\nresults in a permanent impairment; and\n(b) the extent of the impairment, as assessed by the Commission,\nis at least 5%.\n(1A) The amount of the compensation is, subject to subsection (2), the\nassessed percentage of the prescribed amount.\n\nPart 4 Payments in respect of injuries\nDivision 1 General benefits\nMotor Accidents (Compensation) Act 1979 23\n(2) Where the percentage of permanent impairment of a person is\nassessed by the Commission as a percentage of 5% or more but\nless than 15% as shown in Column 1 of the following Table, the\npercentage of the prescribed amount payable as compensation\nshall be that shown in Column 2 of the Table opposite to the\nrelevant percentage in Column 1:\nTABLE\nColumn 1 Column 2\nDegree of impairment Percentage of prescribed amount\npayable\nnot less than 5%\nbut less than 10%\n2\n10% 3\n11% 4\n12% 6\n13% 8\n14% 12\n(3) In this section prescribed amount, in relation to a payment, means\n208 times average weekly earnings at the time the payment is\nmade.\n(4) After compensation based on an assessment of the extent of a\npermanent impairment has been paid, no further right to\ncompensation under this section arises even though the extent of\nthe impairment later increases.\n(5) Compensation for a permanent impairment may only be paid under\nthis section to, or for the benefit of, a person who is, at the time of\nthe payment, in Australia.\n","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Medical and rehabilitation expenses","content":"18 Medical and rehabilitation expenses\n(1) Compensation is payable under this section for the reasonable cost\nof medical and rehabilitation services that are necessary and\nreasonably required by an eligible person as a result of an injury\narising from the motor accident.\n(2) Medical and rehabilitation services are:\n(a) medical, surgical and dental treatment; and\n(b) nursing and other professional care (not including attendant\ncare services); and\n\nPart 4 Payments in respect of injuries\nDivision 2 Attendant care services\nSubdivision 1 Injuries received prior to 1 July 2014\nMotor Accidents (Compensation) Act 1979 24\n(c) training and education (not including attendant care services)\nfor rehabilitation of the injured person; and\n(d) conveying the person to and from a hospital or other place for\ntreatment, training, education or care referred to above; and\n(e) hospitalisation, or accommodation in some other institution for\nthe treatment, rehabilitation or care of injured persons.\n(3) If the cost of accommodation, treatment or care in an Australian\nhospital, or an Australian institution for the treatment, rehabilitation\nor care of injured persons, is compensable, the compensation must,\nwherever practicable, be paid directly to the hospital or other\ninstitution.\n(4) In determining whether the cost of medical and rehabilitation\nservices is reasonable, the Commission will, where relevant, apply\nthe Casemix system or other appropriate objective criteria.\n(5) No compensation is to be paid under this section for:\n(a) attendant care services; or\n(b) services provided outside Australia.\nDivision 2 Attendant care services\nSubdivision 1 Injuries received prior to 1 July 2014\n18AA Application of Subdivision\nThis Subdivision does not apply to injuries suffered on or after\n1 July 2014.\n","sortOrder":29},{"sectionNumber":"18A","sectionType":"section","heading":"Short-term benefits for attendant care services","content":"18A Short-term benefits for attendant care services\n(1) Benefits for attendant care services are payable under this section\nto or for the benefit of an eligible person if:\n(a) the eligible person suffers an impairment as a result of the\ninjury received in, or as a result of, the motor accident; and\n(b) the person requires attendant care services in consequence of\nthe impairment; and\n(c) the person has not been assessed as eligible for long-term\nattendant care services.\n(2) However, benefits are only payable under this section if the\nservices are of a standard the Commission considers appropriate.\n\nPart 4 Payments in respect of injuries\nDivision 2 Attendant care services\nSubdivision 1 Injuries received prior to 1 July 2014\nMotor Accidents (Compensation) Act 1979 25\n(3) Benefits payable under this section are to be determined in\naccordance with the regulations.\n(4) The relevant limit for each week is 32 hours less the number of\nhours for which the eligible person receives nursing care in that\nweek.\n(5) The benefits are to be allowed, in the first instance, for a period of\nup to one year but the Commission may extend the period of one\nyear if, after considering the advice of a medical practitioner, the\nCommission considers the extension reasonable but the aggregate\nperiod for which the benefits are payable cannot exceed 2 years.\n(6) Benefits are not payable under this section for services provided\noutside Australia.\n","sortOrder":30},{"sectionNumber":"18B","sectionType":"section","heading":"Long-term benefits for attendant care services","content":"18B Long-term benefits for attendant care services\n(1) Benefits for attendant care services are payable under this section\nto or for the benefit of an eligible person if:\n(a) the eligible person suffers a permanent impairment as a result\nof the injury received in, or as a result of, the motor accident;\nand\n(b) the degree of the permanent impairment is assessed by the\nCommission at 60% or more; and\n(c) the person requires attendant care services in consequence of\nthe impairment.\n(2) However, benefits are only payable under this section if the\nservices are of a standard the Commission considers appropriate.\n(3) Benefits payable under this section are to be determined in\naccordance with the regulations.\n(4) The relevant limit for each week is 32 hours less the number of\nhours for which the eligible person receives nursing care in that\nweek.\n(5) At the end of each year for which the benefits have been paid, a\nfurther amount equivalent to 1/26 of the total amount paid for the\nprevious year is to be paid.\n(6) Benefits are not payable under this section for services provided\noutside Australia.\n\nPart 4 Payments in respect of injuries\nDivision 2 Attendant care services\nSubdivision 2 Injuries received on or after 1 July 2014\nMotor Accidents (Compensation) Act 1979 26\nSubdivision 2 Injuries received on or after 1 July 2014\n18BA Application of Subdivision\nThis Subdivision applies in relation to an injury suffered on or after\n","sortOrder":31},{"sectionNumber":"1","sectionType":"section","heading":"July 2014.","content":"1 July 2014.\n18BB Eligibility for short-term benefits for attendant care services\n(1) Benefits for attendant care services are payable under this section\nto or for the benefit of an eligible person if:\n(a) the eligible person suffers an impairment as a result of the\ninjury received in, or as a result of, the motor accident; and\n(b) the person requires attendant care services in consequence of\nthe impairment; and\n(c) the person has not been assessed as eligible for interim or\nlong-term attendant care services.\n(2) Benefits are payable for a period of up to 1 year after the date of\nthe motor accident.\n18BC Eligibility for long-term benefits for attendant care services\n(1) Benefits for attendant care services are payable under this section\nto or for the benefit of an eligible person if:\n(a) the eligible person suffers an impairment as a result of an\ninjury received in, or as a result of, the motor accident; and\n(b) the person requires attendant care services in consequence of\nthe impairment; and\n(c) the criteria prescribed by regulation for this section are\nsatisfied.\n(2) Benefits under this section are payable for life.\n18BD Eligibility for interim benefits for attendant care services\n(1) Benefits for attendant care services are payable under this section\nto or for the benefit of an eligible person if:\n(a) the eligible person suffers an impairment as a result of an\ninjury received in, or as a result of, the motor accident; and\n(b) the person requires attendant care services in consequence of\nthe impairment; and\n\nPart 4 Payments in respect of injuries\nDivision 2 Attendant care services\nSubdivision 2 Injuries received on or after 1 July 2014\nMotor Accidents (Compensation) Act 1979 27\n(c) the criteria prescribed by regulation for this section are\nsatisfied.\n(2) However, benefits under this section are not payable if benefits are\npayable under section 18BC.\n(3) Benefits under this section cease to be payable:\n(a) if the injured person was less than 3 years of age at the date\nof the accident – when the person attains 6 years of age; or\n(b) otherwise – 3 years after the date the injured person makes a\nclaim under this Act.\n(4) The Commission must determine whether an injured person in\nreceipt of benefits under this section is eligible for benefits under\nsection 18BC prior to the expiry of the period in subsection (3).\n(5) A person cannot be eligible for interim benefits for attendant care\nservices more than once for the same impairment.\n18BE Attendant care services for which benefits are payable\n(1) Benefits are only payable under this Subdivision for attendant care\nservices that:\n(a) are provided in Australia; and\n(b) in the opinion of the Commission :\n(i) are necessary and reasonable in the circumstances; and\n(ii) relate to the person's injury; and\n(c) are of a standard the Commission considers appropriate; and\n(d) are provided by:\n(i) an approved provider; or\n(ii) if the Commission determines that special circumstances\nexist, a person approved by the Commission in writing.\n(2) In this section:\napproved provider means a person, or a person of a class,\napproved by the Commission in accordance with criteria prescribed\nby regulation to provide attendant care services.\n\nPart 4 Payments in respect of injuries\nDivision 3 Other benefits\nMotor Accidents (Compensation) Act 1979 28\n18BF Payment of benefits for attendant care services\n(1) Benefits for attendant care services under this Subdivision are to be\ndetermined in accordance with the regulations.\n(2) A benefit for attendant care services under this Subdivision must be\npaid directly to the provider of the attendant care services.\n(3) However, if the Commission considers it appropriate, all or part of a\nbenefit may be paid to the injured person in a manner determined\nby the Commission.\nDivision 3 Other benefits\n","sortOrder":32},{"sectionNumber":"18C","sectionType":"section","heading":"Emergency travel benefit","content":"18C Emergency travel benefit\n(1) Benefits are payable, at the discretion of the Commission, under\nthis section if:\n(a) a person is injured or dies in, or as a result of, a motor\naccident; and\n(b) if the accident occurred outside the Territory:\n(i) the accident involved a Territory motor vehicle; and\n(ii) the person who is injured or dies is (or was) a resident of\nthe Territory; and\n(c) a close family member travels at least 500 km to be near the\ninjured person or to make arrangements for the deceased\nperson's funeral; and\n(d) it is reasonable in the circumstances for the close family\nmember to make the journey.\n(2) Benefits are payable under this section to reimburse the close\nfamily member for the costs of travel, loss of income and other\nfinancial loss resulting from the journey.\n(3) If 2 or more close family members are entitled to benefits under this\nsection, the benefits are to be divided between them as the\nCommission thinks fit.\n(4) The total amount to be paid in respect of any one claim cannot\nexceed $4 000 (indexed).\n\n","sortOrder":33},{"sectionNumber":"Part 4","sectionType":"part","heading":"Payments in respect of injuries","content":"Part 4 Payments in respect of injuries\nDivision 3 Other benefits\nMotor Accidents (Compensation) Act 1979 29\n(5) In this section:\nclose family member means:\n(a) a spouse, parent or child of the person injured or killed in, or\nas a result of, the motor accident; or\n(b) if the person injured or killed in, or as a result of, the motor\naccident does not have a spouse, parent or child – a sibling,\ngrandparent, grandchild, uncle or aunt of the person.\n19 Cost of providing appliances, special facilities etc.\n(1) An eligible person is entitled to:\n(a) the cost of obtaining appliances that are necessary and\nreasonably required in consequence of the injury suffered in,\nor as a result of, the motor accident; and\n(b) the reasonable cost incurred, or to be incurred, in\nconsequence of the injury in making necessary and\nreasonable alterations to:\n(i) the building in which the person resides or proposes to\nreside; and\n(ii) a motor vehicle; and\n(iii) such other articles of personal use as, in the opinion of\nthe Commission, require modification; and\n(c) the reasonable cost of special facilities and equipment the\nCommission considers necessary and reasonable for the\nperson's rehabilitation.\n(2) However, entitlements under this section are subject to the\nfollowing limitations and qualifications:\n(a) a benefit is not payable under this section if the eligible person\nis outside Australia or the benefit is to be expended outside\nAustralia;\n(b) any further limitations and qualifications imposed by the\nregulations.\n\nPart 5 Payments in respect of death\nMotor Accidents (Compensation) Act 1979 30\nPart 5 Payments in respect of death\n","sortOrder":34},{"sectionNumber":"20","sectionType":"section","heading":"Definition","content":"20 Definition\nIn this Part:\nqualifying person means:\n(a) a person who dies as a result of injuries received in a motor\naccident occurring in the Territory; or\n(b) a resident of the Territory who dies as a result of injuries\nreceived in a motor accident, involving a Territory motor\nvehicle, occurring outside the Territory.\n","sortOrder":35},{"sectionNumber":"20A","sectionType":"section","heading":"Reduction of benefits in certain cases","content":"20A Reduction of benefits in certain cases\n(1) The Commission may reduce benefits payable under this Part if:\n(a) the accident resulting in the death of the qualifying person\noccurred while that person was driving a motor vehicle; and\n(b) the qualifying person was under the influence of alcohol or a\ndrug to such an extent that the person:\n(i) was, by driving a motor vehicle, committing an offence\nagainst relevant laws regulating road traffic; or\n(ii) would have been committing such an offence if the\nperson had been driving the motor vehicle in a public\nstreet or public place; and\n(c) the influence of the alcohol or drug contributed, in the\nCommission's opinion, to the accident.\n(2) The Commission must presume that the influence of alcohol\ncontributed to the accident if the circumstances prescribed in the\nregulations exist in relation to the person, unless the contrary is\nestablished.\n(3) The Commission may reduce benefits payable under this Part if:\n(a) the accident occurred while the qualifying person was\nengaged in conduct that created a substantial risk of injury to\nthe qualifying person; and\n(b) the qualifying person recklessly ignored the risk.\nNote\nThis subsection applies whether the qualifying person was the driver, a\npassenger, a cyclist or pedestrian or involved in the accident in some other way.\n\nPart 5 Payments in respect of death\nMotor Accidents (Compensation) Act 1979 31\n(4) A reduction of benefits under this section is to be a proportion of the\nbenefits otherwise payable considered appropriate by the\nCommission having regard to the extent to which the influence of\nalcohol or the drug or the qualifying person's risky conduct (as the\ncase requires) contributed to the accident.\n(5) If the Commission determines that benefits are to be reduced under\nthis section, the Commission must reduce the benefits in\naccordance with the regulations.\n(6) Benefits payable under section 22(1)(a) must not be reduced under\nthis section.\n","sortOrder":36},{"sectionNumber":"21","sectionType":"section","heading":"Death benefits may be paid in respect of certain injured","content":"21 Death benefits may be paid in respect of certain injured\npersons\nWhere a person who, if the person had died in or as a result of the\naccident would have been a qualifying person is a full-time patient\nin a hospital or other institution because of injuries received in or as\na result of an accident and, in the opinion of the Commission, the\nperson is likely permanently to remain a full-time patient in a\nhospital or institution, the Commission may, at the written request of\nthe spouse of the person, determine that this Part shall apply to and\nin relation to that person, and on that determination being made the\nperson shall, for the purposes of this Part, be deemed to have died\non the date of the determination and to have been a qualifying\nperson on that date.\n","sortOrder":37},{"sectionNumber":"22","sectionType":"section","heading":"Lump-sum compensation in respect of death","content":"22 Lump-sum compensation in respect of death\n(1) Subject to section 37, the following benefits are payable in respect\nof the death of a qualifying person:\n(a) to the person liable to meet the expense of the person's\nfuneral – the cost of the funeral or 5.2 times average weekly\nearnings (whichever is the lesser amount);\n(b) for the benefit of the qualifying person's spouse or dependent\nchild (or spouse and dependent child) – the prescribed\nproportions of 156 times average weekly earnings at the time\nthe payment is made.\n(2) For the purposes of subsection (1)(b), a person claiming to be a\nspouse or a dependent child of the deceased qualifying person may\napply to the Commission for a determination under that subsection.\n\n","sortOrder":38},{"sectionNumber":"Part 5","sectionType":"part","heading":"Payments in respect of death","content":"Part 5 Payments in respect of death\nMotor Accidents (Compensation) Act 1979 32\n(3) For the purposes of subsection (1)(b), the prescribed proportions\nare those specified in column 2 of the Table in respect of the\nspouse or dependent child or dependent children specified opposite\nin Column 1 of the Table.\nTABLE\nColumn 1 Column 2\nDependants Proportion\nSpouse 100%\none child 100%\n2 or more children Equally between children\nSpouse and one child 10% to child, balance to spouse\nSpouse and not more than 5 children 5% to each child, balance to spouse\nSpouse and more than 5 children 25% divided equally between\nchildren, balance to spouse\n(4) If, before dying as a result of the injury, the qualifying person\nreceived compensation by way of lump sum for permanent\nimpairment resulting from the same injury, the amount of the benefit\npayable under subsection (1)(b) is to be reduced by the amount of\nthat lump sum.\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Dependent children's benefits","content":"23 Dependent children's benefits\n(1) In addition to an amount payable under section 22(1)(b) to or for the\nbenefit of a dependent child but subject to subsection (2), there\nshall be paid to or for the benefit of each dependent child of a\ndeceased qualifying person an amount per week equal to 10% of\naverage weekly earnings at the time the payment is made.\n(2) The aggregate of all amounts paid or payable per week under\nsubsection (1) shall not exceed average weekly earnings and\nwhere there are more than 10 dependent children entitled to\ncompensation under that subsection they shall be entitled in equal\nshares to an amount equal to average weekly earnings at the time\nthe payment is made.\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Dependent parents' benefit","content":"24 Dependent parents' benefit\nWhere a qualifying person dies in or as a result of an accident\nleaving the person surviving neither a spouse nor a dependent child\nbut a dependent parent or parents who normally resides or reside\nwith the person, that parent or those parents shall be paid an\namount equal to 156 times average weekly earnings and, if more\n\nPart 6 Reviews and referrals to Tribunal\nDivision 1 Preliminary matters\nMotor Accidents (Compensation) Act 1979 33\nthan one, in equal shares.\n","sortOrder":41},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Commutation of benefits","content":"Part 5A Commutation of benefits\n","sortOrder":42},{"sectionNumber":"25","sectionType":"section","heading":"Commutation of benefits","content":"25 Commutation of benefits\nIf the regulations so provide, a liability to pay statutory benefits, or\nstatutory benefits of a particular kind, may be commuted, in\naccordance with the regulations, to a liability to make a single\npayment by way of lump sum.\nPart 6 Reviews and referrals to Tribunal\nDivision 1 Preliminary matters\n","sortOrder":43},{"sectionNumber":"26","sectionType":"section","heading":"Definitions","content":"26 Definitions\nIn this Part:\nclaim, for a benefit, includes a claim for the variation of a benefit.\nclaimant, for a benefit, means the person who made a claim for the\nbenefit.\noriginal decision, see section 28A(1).\nreview decision, see section 28B(1)(c).\n","sortOrder":44},{"sectionNumber":"27","sectionType":"section","heading":"Designated person","content":"27 Designated person\n(1) There is an office of designated person for this Act.\n(2) The Minister must appoint a person to be the designated person.\n(3) If there is no designated person appointed under subsection (2),\nand no person has been appointed to act in the position, the Chief\nExecutive Officer is the designated person.\n","sortOrder":45},{"sectionNumber":"28","sectionType":"section","heading":"Motor Accidents (Compensation) Appeal Tribunal","content":"28 Motor Accidents (Compensation) Appeal Tribunal\n(1) The Motor Accidents (Compensation) Appeal Tribunal continues.\n(2) The Tribunal is constituted of a Supreme Court Judge.\n(3) A Supreme Court Judge has, when sitting as the Tribunal, the same\nprivileges and immunities as when sitting to exercise the jurisdiction\nof the Supreme Court.\n\nPart 6 Reviews and referrals to Tribunal\nDivision 2 Review of claims\nMotor Accidents (Compensation) Act 1979 34\n(4) A witness, legal practitioner or other person appearing before the\nTribunal has the same privileges and immunities as if the\nproceedings were proceedings of the Supreme Court.\n(5) An officer of the Tribunal has the same privileges and immunities (if\nany) as an officer exercising corresponding functions for the\nSupreme Court.\n(6) The reference to an officer of the Tribunal extends to any person\nacting on the authority or by direction of the Tribunal.\nDivision 2 Review of claims\n","sortOrder":46},{"sectionNumber":"28A","sectionType":"section","heading":"Review by designated person","content":"28A Review by designated person\n(1) A claimant who is aggrieved by a decision made on the claimant's\nclaim for a benefit (the original decision) may ask the designated\nperson to review the merits of the decision.\n(2) The claimant must request the review within 90 days after:\n(a) receipt of notice of the original decision; or\n(b) if notice of the original decision is not given – the claimant\nbecomes aware of the decision.\n(3) The request must be in the approved form.\n","sortOrder":47},{"sectionNumber":"28B","sectionType":"section","heading":"Conducting review","content":"28B Conducting review\n(1) The designated person must:\n(a) conduct the review in a way that is fair and expeditious; and\n(b) give proper consideration to the issues; and\n(c) make a decision on the request (a review decision) within\n30 business days after the request is made or that period as\nextended under subsection (3).\n(2) In conducting the review the designated person may, by written\nnotice, request the claimant within a reasonable stated period:\n(a) to attend a conference; or\n(b) to give additional information that is relevant to, and\nreasonably required to enable the assessment of, the\nclaimant's claim for a benefit.\n\nPart 6 Reviews and referrals to Tribunal\nDivision 3 Referral of claims to Tribunal\nMotor Accidents (Compensation) Act 1979 35\n(3) If, in conducting the review, the designated person requests a\nconference or additional information, the period for making a review\ndecision on the request is extended by the lesser of the following:\n(a) the period equal to the period between the giving of the notice\nmaking the request and the holding of the conference or giving\nof the information;\n(b) the period equal to the period between the giving of the notice\nand the period stated in the notice for attending a conference\nor giving the information.\n(4) This section is subject to section 28D.\n","sortOrder":48},{"sectionNumber":"28C","sectionType":"section","heading":"Decision on review","content":"28C Decision on review\n(1) In making a review decision on the request, the designated person\nmust:\n(a) confirm the original decision; or\n(b) vary the original decision; or\n(c) revoke the original decision and substitute another decision for\nit.\n(2) The designated person must give the claimant written notice of the\nreview decision as soon as practicable after making it.\n(3) The notice must include:\n(a) the reasons for the review decision; and\n(b) the procedures for referral to the Tribunal under Division 3.\n(4) The validity of the review decision is not affected by a contravention\nof subsection (2) or (3).\n(5) A decision under subsection (1)(b) or (c) is, for this Act (other than\nthis Part), taken to be the decision of the Commission.\nDivision 3 Referral of claims to Tribunal\n","sortOrder":49},{"sectionNumber":"28D","sectionType":"section","heading":"Referral to Tribunal – designated person's initiative","content":"28D Referral to Tribunal – designated person's initiative\nThe designated person may, if satisfied it is appropriate in the\ncircumstances to do so, refer a request under section 28A to the\nTribunal for its decision.\n\nPart 6 Reviews and referrals to Tribunal\nDivision 3 Referral of claims to Tribunal\nMotor Accidents (Compensation) Act 1979 36\n","sortOrder":50},{"sectionNumber":"28E","sectionType":"section","heading":"Referral to Tribunal – claimant's request","content":"28E Referral to Tribunal – claimant's request\n(1) This section applies if:\n(a) a claimant is aggrieved by a review decision; or\n(b) the designated person does not make a review decision on a\nclaimant's request for a review of the original decision within\nthe period provided under section 28B.\n(2) The claimant may refer the matter to the Tribunal by giving written\nnotice to the Tribunal in the approved form.\n(3) The notice must be given within 28 days after:\n(a) if subsection (1)(a) applies:\n(i) receipt of notice of the review decision given under\nsection 28C; or\n(ii) if notice of the review decision is not so given – the\nclaimant becomes aware of the decision; or\n(b) if subsection (1)(b) applies – the end of the period provided\nunder section 28B.\n29 Hearing of referral\n(1) On referral of a matter, the Tribunal must conduct a hearing into the\nmatter in the way it considers appropriate.\n(2) In conducting a hearing, the Tribunal must:\n(a) consider the matter afresh; and\n(b) is not bound by anything considered in making the original or\nreview decision to which the hearing relates (the referred\ndecision).\n(3) Without limiting subsection (2), the Tribunal may:\n(a) take evidence that was not considered in making the referred\ndecision; and\n(b) refuse to take evidence that was considered in making the\nreferred decision.\n(4) In deciding the referral, the Tribunal must:\n(a) confirm the referred decision; or\n\nPart 6 Reviews and referrals to Tribunal\nDivision 4 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 37\n(b) vary the referred decision; or\n(c) revoke the referred decision and substitute another decision\nfor it.\n(5) The Tribunal may make the orders it considers appropriate to give\neffect to its decision and the orders as to costs it considers just.\n(6) In making an order about costs, the Tribunal:\n(a) must take into account the efforts of the parties made to reach\nan agreement on the claimant's claim for a benefit; and\n(b) may include as costs the reasonable costs of a party incurred\nin relation to the efforts.\n(7) A decision under subsection (4)(b) or (c) is, for this Act (other than\nthis Part), taken to be the decision of the Commission.\nDivision 4 Miscellaneous matters\n","sortOrder":51},{"sectionNumber":"29A","sectionType":"section","heading":"Rules and procedure of Tribunal","content":"29A Rules and procedure of Tribunal\n(1) The Judges appointed under section 32(1) of the Supreme Court\nAct 1979 who are not additional Judges, or a majority of them, may\nmake rules, not inconsistent with this Act:\n(a) regulating the practice and procedures of the Tribunal; and\n(b) providing for the awarding of costs in matters before the\nTribunal; and\n(c) regulating the referral of matters to the Tribunal; and\n(d) conferring on the Tribunal additional powers which are\nnecessary or convenient for carrying out its functions,\nincluding powers to impose and enforce penalties for a\ncontravention of or failure to comply with the rules.\n(2) The rules made under subsection (1) may confer on an Associate\nJudge powers and functions in relation to the Tribunal and matters\nreferred to the Tribunal, and an Associate Judge may exercise\nthose powers and shall perform those functions accordingly.\n(2A) In addition, the rules may provide for the approval of forms for\ncarrying out the Tribunal's functions.\n(3) Subject to subsection (1), the practice and procedures of the\nTribunal in relation to a matter referred to it are as determined by it.\n\n","sortOrder":52},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reviews and referrals to Tribunal","content":"Part 6 Reviews and referrals to Tribunal\nDivision 4 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 38\n","sortOrder":53},{"sectionNumber":"30","sectionType":"section","heading":"Tribunal's decision is final","content":"30 Tribunal's decision is final\nA decision of the Tribunal is final and shall not be capable of being\nreviewed in any court of law by prerogative writ or otherwise.\n","sortOrder":54},{"sectionNumber":"30A","sectionType":"section","heading":"Contempt of Tribunal","content":"30A Contempt of Tribunal\nA person shall not:\n(a) insult the Judge constituting the Tribunal in or in relation to the\nperformance of functions or exercise of powers as the\nTribunal; or\n(b) repeatedly interrupt the proceedings of the Tribunal; or\n(c) create a disturbance or take part in creating or continuing a\ndisturbance in or near a place where the Tribunal is sitting; or\n(d) do any other act or thing that would, if the Tribunal were a\ncourt of record, constitute a contempt of that court.\nFault element: The person intentionally does the act or\nthing.\nMaximum penalty: 17 penalty units or imprisonment for\n12 months.\n","sortOrder":55},{"sectionNumber":"30B","sectionType":"section","heading":"Operation and implementation of decision pending review or","content":"30B Operation and implementation of decision pending review or\nreferral\n(1) A request under section 28A by a claimant for a review of an\noriginal decision does not affect the operation or implementation of\nthe decision.\n(2) However, the designated person may, by written notice to the\nclaimant:\n(a) suspend the operation or implementation of so much of the\noriginal decision as the designated person considers\nappropriate to effectively review the decision; or\n(b) impose conditions on the operation or implementation of the\ndecision until a review decision is made.\n(3) A referral of a matter under section 28D or 28E does not affect the\noperation or implementation of the original or review decision.\n(4) However, the Tribunal may make an order staying or otherwise\naffecting the operation or implementation of so much of the original\nor review decision as the Tribunal considers appropriate to\neffectively decide the matter.\n\nPart 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 39\n(5) The order:\n(a) is subject to the conditions stated in the order; and\n(b) has effect:\n(i) for the period stated in the order; or\n(ii) if no period is stated – until the Tribunal decides the\nmatter.\nPart 7 Miscellaneous matters\n","sortOrder":56},{"sectionNumber":"30C","sectionType":"section","heading":"Benefits payable from MAC Fund","content":"30C Benefits payable from MAC Fund\nAll benefits payable under this Act are to be paid by the\nCommission out of the Motor Accidents (Compensation) Fund\ncontinued by section 16 of the Motor Accidents (Compensation)\nCommission Act 2014.\n","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Time for making claims","content":"31 Time for making claims\n(1) A claim:\n(a) for a benefit; or\n(b) for the variation of a benefit,\nunder this Act shall be made as soon as practicable after the\naccident in or as a result of which the death or injury giving rise to\nthe claim for a benefit, or the change in circumstances giving rise to\nthe claim for variation of the benefit, occurred.\n(1A) A claim under this section shall be in an approved form containing\nthe particulars and information requested in the form signed by or\non behalf of the claimant.\n(2) The Commission may refuse to consider:\n(a) a claim in respect of an accident; or\n(b) a claim for the variation of a benefit,\nmade later than 6 months after the date of the accident or the\noccurrence giving rise to the claim for variation, as the case may\nbe.\n(3) The Commission shall refuse to consider:\n(a) a claim in respect of an accident; or\n\nPart 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 40\n(b) a claim for the variation of a benefit,\nmade:\n(c) later than 3 years after the date of the accident or the\noccurrence giving rise to the claim for variation, as the case\nmay be; or\n(d) in the case of a claimant who had not attained the age of\nmajority at the time of the accident or the occurrence giving\nrise to the claim for the variation, as the case may be, later\nthan 3 years after the date the claimant attained the age of\nmajority.\n","sortOrder":58},{"sectionNumber":"31A","sectionType":"section","heading":"Refusal of driver's claim","content":"31A Refusal of driver's claim\nThe Commission may refuse to consider a claim in respect of an\naccident made by the driver of a motor vehicle if the driver did not\nreport the motor accident in accordance with regulation 19(2) of the\nTraffic Regulations 1999, unless, in the opinion of the Commission,\nthe driver had a reasonable excuse for not doing so.\n","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Commission not subject to direction","content":"32 Commission not subject to direction\nIn the exercise of its powers and performance of its functions under\nthis Act the Commission is not subject to the direction of anyone\nother than the Minister.\n","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Commission may extend limits","content":"33 Commission may extend limits\nIn the exercising of its powers under this Act the Commission may,\nwhere it considers that the circumstances of a particular case\nwarrant such action because of special hardship that is likely to be\nsuffered by any person, determine that the time limits imposed by\nthis Act on the payment of benefits under Part 3, 4 (other than\nsection 18A or 18BB) or 5 may be extended, and the benefits may\nbe paid accordingly.\n","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Commission may take advice","content":"34 Commission may take advice\nIn considering any matter before it, the Commission may take such\nmedical and other advice, and from such sources, as it considers\nnecessary.\n","sortOrder":62},{"sectionNumber":"35","sectionType":"section","heading":"Payments to minors","content":"35 Payments to minors\n(1) Where under this Act a payment is required to be made to a person\nwho has not attained the age of majority or is under some other\nlegal disability, that payment may be made on behalf of that person\nto the Public Trustee or to the guardian or other person who, from\n\nPart 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 41\ntime to time, has the responsibility for the immediate care and\nwelfare of that person.\n(2) A payment made in pursuance of subsection (1) is a full discharge\nof the Commission's obligations in respect of that payment and it is\nnot bound to see to the application of the money so paid.\n","sortOrder":63},{"sectionNumber":"37","sectionType":"section","heading":"Multiple spouses of Aboriginals or Torres Strait Islanders","content":"37 Multiple spouses of Aboriginals or Torres Strait Islanders\n(1) Notwithstanding any other provision of this Act, where, in respect of\na resident of the Territory who is a qualifying person who is an\nAboriginal or Torres Strait Islander married to more than one\nperson according to the customs and traditions of the particular\ncommunity of Aboriginals or Torres Strait Islanders with which the\nresident of the Territory or any of those persons identifies (whether\nor not one of those marriages is a marriage in accordance with the\nlaw in force in the Territory) a benefit would, but for the operation of\nthis section, be payable to or in respect of each of those persons,\nthe amount of such benefit that is payable is the amount that would\nbe so payable if the resident of the Territory had contracted only\none such marriage and, in the case of a benefit payable under this\nAct to a spouse, it shall be payable to such spouses in equal\nshares.\n(2) Where under section 22 there is payable to an Aboriginal or Torres\nStrait Islander a benefit in respect of the death of the person's\nspouse and the person has more than one spouse, the amount of\nbenefit payable to the person is the amount provided in that section\ndivided by the number of spouses at the date of death of the\nspouse.\n","sortOrder":64},{"sectionNumber":"38","sectionType":"section","heading":"Indemnification of the Commission for statutory benefits","content":"38 Indemnification of the Commission for statutory benefits\n(1) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from a motor accident if:\n(a) the motor accident was caused by, or arose from, the use of a\nmotor vehicle registered in another jurisdiction; and\n(b) the indemnifier is:\n(i) a person who would, assuming this Act had never\nexisted, have been liable in damages, in tort or contract,\nfor the death or injury arising from the motor accident; or\n(ii) a person who is liable to indemnify such a person for\nthat liability under an insurance contract or a statutory\ninsurance scheme.\n\nPart 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 42\n(2) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from a motor accident if:\n(a) the motor accident was caused by, or arose from, the use of\nan unregistered motor vehicle on a public street or public\nplace; and\n(b) the indemnifier is a person who would, assuming this Act had\nnever existed, have been liable in damages, in tort or contract,\nfor the death or injury arising from the accident.\n(3) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from a motor accident if:\n(a) the indemnifier was the driver of the motor vehicle, or one of\nthe motor vehicles involved in the accident; and\n(b) the indemnifier would, assuming this Act had never existed,\nhave been liable in damages, in tort or contract, for the death\nor injury arising from the accident; and\n(c) the indemnifier has been convicted in the Territory or\nelsewhere of an offence arising from the indemnifier's conduct\nat the time of the accident; and\n(d) the offence involved:\n(i) intentionally, recklessly or otherwise wrongfully causing\nthe death of, or injury to, another person; or\n(ii) driving while under the influence of alcohol or a drug; or\n(iii) driving with a concentration of alcohol:\n(A) in the breath of 0.08 grams or more per 210 litres\nof exhaled breath; or\n(B) in the blood of 0.08 grams or more per\n100 millilitres of blood; or\n(iv) refusing or failing to submit to breath analysis, or to\nprovide a sample of blood, when lawfully required to do\nso.\n\nPart 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 43\n(4) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from a motor accident if:\n(a) the indemnifier was the manufacturer or repairer of the motor\nvehicle, or one of the motor vehicles involved in the accident;\nand\n(b) a defect in the manufacture or repair of the motor vehicle\ncaused or contributed to the accident; and\n(c) the indemnifier would, assuming this Act had never existed,\nhave been liable in damages, in tort or contract, for the death\nor injury.\n(5) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from a motor accident if:\n(a) the indemnifier is a person (other than the owner or driver of a\nmotor vehicle involved in the motor accident) whose wrongful\nor negligent act or omission caused or contributed to the\naccident; and\n(b) the indemnifier would, assuming this Act had never existed,\nhave been liable in damages, in tort or contract, for the death\nor injury; and\n(c) the indemnifier is not otherwise liable to indemnify the\nCommission under this section.\n(5A) A person (the indemnifier) is liable to indemnify the Commission\nfor statutory benefits paid to another person in relation to death or\ninjury arising from an accident involving a motor vehicle that was\ntaking part in a motor sport event (as defined in section 10B) if the\nindemnifier:\n(a) was an organiser of the motor sport event, or the driver or\nowner of the motor vehicle involved in the accident; and\n(b) the indemnifier would, assuming this Act had never existed,\nhave been liable in damages, in tort or contract, for the death\nor injury.\n(6) If, assuming an action in tort against the indemnifier:\n(a) the indemnifier would have been entitled to a proportionate\nreduction of liability on account of contributory negligence; or\n\n","sortOrder":65},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous matters","content":"Part 7 Miscellaneous matters\nMotor Accidents (Compensation) Act 1979 44\n(b) the indemnifier would have been entitled to contribution from\nother persons liable for the same tort;\nthe extent to which the indemnifier is liable to indemnify the\nCommission is reduced accordingly.\n(7) The extent of a reduction of liability under subsection (6) is to be\ndetermined by agreement between the Commission and the\nindemnifier or, in the absence of agreement, by a court in which an\naction for recovery of the indemnity is brought.\n(8) The Commission may recover an indemnity under this section as a\ndebt owed to the Commission by the indemnifier.\n(9) If:\n(a) the Commission brings an action against a natural person for\nrecovery of an indemnity under this section; and\n(b) the court is satisfied that the recovery of the full amount of the\nindemnity against the defendant would cause serious financial\nhardship;\nthe court may give judgment for a reduced amount that it considers\nreasonable in the circumstances.\n","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Commission may conduct certain, proceedings","content":"40 Commission may conduct certain, proceedings\n(1) The Commission:\n(a) may undertake the settlement of any claim against a person\nreferred to in section 6(1) in respect of the person's liability\nreferred to in that section; and\n(b) may take over during such period as it thinks fit the conduct on\nbehalf of that person of any proceedings taken or had to\nenforce the claim or for the settlement of any question arising\nwith reference to the claim; and\n(c) may defend or conduct those proceedings in the name and on\nbehalf of that person; and\n(d) shall indemnify that person against all costs and expenses of\nor incidental to any of those proceedings while the\nCommission retains the defence or conduct of the\nproceedings.\n(2) The person referred to in subsection (1) shall sign all such warrants\nand authorities as the Commission requires for the purpose of\nenabling it to have the defence or conduct of any proceedings\n\nPart 8 Transitional matters\nDivision 1 Motor Accidents (Compensation) Amendment Act 2007\nMotor Accidents (Compensation) Act 1979 45\nreferred to in that subsection and, in default of so doing, the court in\nwhich the proceedings are pending may order that the warrants and\nauthorities be signed by the Commission on behalf of that person.\n(3) Nothing said or done by or on behalf of the Commission in\nconnection with the settlement of any such claim or the defence or\nconduct of any such proceedings shall be regarded as an\nadmission of liability in respect of, or shall in any way prejudice, any\nother claim, action or proceeding arising out of the same\noccurrence.\n","sortOrder":67},{"sectionNumber":"42","sectionType":"section","heading":"Regulations","content":"42 Regulations\nThe Administrator may make regulations under this Act.\nPart 8 Transitional matters\n","sortOrder":68},{"sectionNumber":"Div 1","sectionType":"division","heading":"Motor Accidents (Compensation) Amendment","content":"Division 1 Motor Accidents (Compensation) Amendment\nAct 2007\n","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Transitional provisions","content":"43 Transitional provisions\n(1) This Act, as amended by the Motor Accidents (Compensation)\nAmendment Act 2007, applies to, and in relation to, a motor\naccident that occurs on or after the commencement of that\namending Act.\n(2) This Act, as in force before the commencement of the Motor\nAccidents (Compensation) Amendment Act 2007 applies to, and in\nrelation to, a motor accident that occurred before the\ncommencement of that amending Act.\n(3) However:\n(a) the amendments to Part 6 take effect in relation to\nproceedings related to motor accidents occurring both before\nand after the commencement of the Motor Accidents\n(Compensation) Amendment Act 2007 as from the\ncommencement of that amending Act; and\n(b) a person injured in or as a result of a motor accident that\noccurred before the commencement of the Motor Accidents\n(Compensation) Amendment Act 2007 who would, if the\naccident had occurred after the commencement of that\namending Act, be entitled to benefits for attendant care\nservices under section 18B is entitled to have benefits for\nattendant care services determined under that section instead\nof the previous provisions for the payment of such benefits.\n\nPart 8 Transitional matters\nDivision 4 Motor Accidents (Compensation) Amendment Act 2019\nMotor Accidents (Compensation) Act 1979 46\n","sortOrder":70},{"sectionNumber":"Div 2","sectionType":"division","heading":"Territory Insurance Office and Other Legislation","content":"Division 2 Territory Insurance Office and Other Legislation\nAmendment Act 2010\n","sortOrder":71},{"sectionNumber":"44","sectionType":"section","heading":"Things previously done by Office for Board","content":"44 Things previously done by Office for Board\nIf, before the commencement of this section, the Office has\npurportedly done something under this Act for the Board, the thing\nis taken to have been done under this Act by the Board.\n","sortOrder":72},{"sectionNumber":"Div 3","sectionType":"division","heading":"Motor Accidents (Compensation) Amendment","content":"Division 3 Motor Accidents (Compensation) Amendment\nAct 2014\n","sortOrder":73},{"sectionNumber":"45","sectionType":"section","heading":"Definitions","content":"45 Definitions\nIn this Division:\ncommencement means the day on which the Motor Accidents\n(Compensation) Amendment Act 2014 commences.\n46 Application of Part 3\n(1) Part 3, as amended by the Motor Accidents (Compensation)\nAmendment Act 2014, applies only in relation to motor accidents\nthat occurred after commencement.\n(2) Part 3, as in force before commencement, continues to apply in\nrelation to a motor accident that occurred before commencement.\n47 Application of sections 18 and 19\n(1) Sections 18 and 19, as amended by the Motor Accidents\n(Compensation) Amendment Act 2014, apply only in relation to\nmotor accidents that occurred after commencement.\n(2) Sections 18 and 19, as in force before commencement, continue to\napply in relation to a motor accident that occurred before\ncommencement.\n","sortOrder":74},{"sectionNumber":"Div 4","sectionType":"division","heading":"Motor Accidents (Compensation) Amendment","content":"Division 4 Motor Accidents (Compensation) Amendment\nAct 2019\n","sortOrder":75},{"sectionNumber":"48","sectionType":"section","heading":"Definition","content":"48 Definition\nIn this Division:\ncommencement means the day on which section 4 of the Motor\nAccidents (Compensation) Amendment Act 2019 commences.\n\n","sortOrder":76},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters","content":"Part 8 Transitional matters\nDivision 4 Motor Accidents (Compensation) Amendment Act 2019\nMotor Accidents (Compensation) Act 1979 47\n49 Application of section 13\n(1) Section 13, as amended by the Motor Accidents (Compensation)\nAmendment Act 2019, applies only in relation to a motor accident\nthat happens after the commencement.\n(2) Section 13, as in force before the commencement, continues to\napply in relation to a motor accident that happened before the\ncommencement.\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 48\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":77},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nMotor Accidents (Compensation) Act 1979 (Act No. 75, 1979)\nAssent date 29 June 1979\nCommenced 1 July 1979 (s 2)\nMotor Accidents (Compensation) Act (No. 2) 1979 (Act No. 117, 1979)\nAssent date 15 October 1979\nCommenced 1 July 1979 (s 2)\nMotor Accidents (Compensation) Amendment Act 1981 (Act No. 111, 1981)\nAssent date 24 December 1981\nCommenced 1 July 1981 (s 2)\nMotor Accidents (Compensation) Amendment Act 1982 (Act No. 47, 1982)\nAssent date 20 July 1982\nCommenced ss 4 and 10: 1 July 1979; ss 7 to 9: 1 February 1982;\nrem: 20 July 1982 (s 2)\nStatute Law Revision Act (No. 2) 1982 (Act No. 54, 1982)\nAssent date 8 October 1982\nCommenced 8 October 1982\nMotor Accidents (Compensation) Amendment Act 1984 (Act No. 3, 1984)\nAssent date 3 April 1984\nCommenced s 4: 1 January 1984; ss 5 and 6: 1 July 1979;\nrem: 1 August 1984 (Gaz S40, 1 August 1984)\nMotor Accidents (Compensation) Amendment Act (No. 2) 1984 (Act No. 8, 1984)\nAssent date 28 June 1984\nCommenced 1 July 1984 (Gaz S34, 29 June 1984)\nMotor Accidents (Compensation) Amendment Act 1985 (Act No. 36, 1985)\nAssent date 18 September 1985\nCommenced 18 September 1985\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 49\nMotor Accidents (Compensation) (Costs in Proceedings Before the Appeal Tribunal)\nAct 1985 (Act No. 51, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nMotor Accidents (Compensation) Amendment Act 1986 (Act No. 32, 1986)\nAssent date 19 September 1986\nCommenced 1 October 1986 (Gaz S70, 1 October 1986, p 2)\nMotor Accidents (Compensation) Amendment Act (No. 2) 1986 (Act No. 51, 1986)\nAssent date 19 December 1986\nCommenced 1 January 1987 (Gaz S90, 24 December 1986)\nStatute Law Revision Act 1987 (Act No. 9, 1987)\nAssent date 27 May 1987\nCommenced 27 May 1987\nMotor Accidents (Compensation) Amendment Act 1989 (Act No. 51, 1989)\nAssent date 20 September 1989\nCommenced 8 November 1989 (s 2, s 2 Territory Insurance Office\nAmendment Act 1989 (Act No. 36, 1989) and Gaz G44,\n","sortOrder":78},{"sectionNumber":"8","sectionType":"section","heading":"November 1989, p 2)","content":"8 November 1989, p 2)\nMotor Accidents (Compensation) Amendment Act (No. 2) 1989 (Act No. 61, 1989)\nAssent date 26 October 1989\nCommenced 8 November 1989 (Gaz G44, 8 November 1989, p 3)\nMotor Accidents (Compensation) Amendment Act 1991 (Act No. 8, 1991)\nAssent date 7 March 1991\nCommenced 1 July 1990 (s 2)\nStatute Law Revision Act 1991 (Act No. 31, 1991)\nAssent date 25 June 1991\nCommenced 25 June 1991\nMotor Accidents (Compensation) Amendment Act (No. 2) 1991 (Act No. 48, 1991)\nAssent date 26 September 1991\nCommenced 15 October 1991 (Gaz S35, 15 October 1991)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nMotor Accidents (Compensation) Amendment Act 1994 (Act No. 77, 1994)\nAssent date 30 December 1994\nCommenced 30 December 1994\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 50\nMotor Accidents (Compensation) Amendment Act 1997 (Act No. 16, 1997)\nAssent date 11 April 1997\nCommenced 6 August 1997 (Gaz G31, 6 August 1997, p 2)\nMotor Accidents (Compensation) Amendment Act 1998 (Act No. 40, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nMotor Accidents (Compensation) Amendment Act 2000 (Act No. 24, 2000)\nAssent date 27 June 2000\nCommenced 1 September 2000 (Gaz G34, 30 August 2000, p 3)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nMotor Accidents (Compensation) Amendment Act 2002 (Act No. 73, 2002)\nAssent date 11 December 2002\nCommenced s 5: 1 July 1979; rem: 11 December 2002 (s 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nMotor Accidents (Compensation) Amendment Act 2007 (Act No. 9, 2007)\nAssent date 17 May 2007\nCommenced 1 July 2007 (Gaz G25, 20 June 2007, p 3)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nTerritory Insurance Office and Other Legislation Amendment Act 2010 (Act No. 35,\n2010)\nAssent date 18 November 2010\nCommenced pt 4: 1 January 2011; rem: 18 November 2010 (s 2)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nTraffic and Other Legislation Amendment Act 2011 (Act No. 22, 2011)\nAssent date 22 August 2011\nCommenced 1 September 2011 (Gaz G35, 31 August 2011, p 9)\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 51\nMotor Accidents (Compensation) Amendment Act 2014 (Act No. 20, 2014)\nAssent date 2 June 2014\nCommenced 1 July 2014 (s 2)\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n","sortOrder":79},{"sectionNumber":"19","sectionType":"section","heading":"December 2014, p 8); rem: 28 November 2014 (s 2)","content":"19 December 2014, p 8); rem: 28 November 2014 (s 2)\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,\n2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015:\n(Gaz S50, 22 May 2015)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n","sortOrder":80},{"sectionNumber":"29","sectionType":"section","heading":"April 2016)","content":"29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nMotor Accidents (Compensation) Amendment Act 2019 (Act No. 18, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\n","sortOrder":81},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 11 Motor Accidents (Compensation) Amendment Act 1982 (Act No. 47,\n1982)\ns 12 Motor Accidents (Compensation) Amendment Act 1984 (Act No. 3,\n1984)\ns 18 Motor Accidents (Compensation) Amendment Act (No. 2) 1984 (Act\nNo. 8, 1984)\ns 3(2) Motor Accidents (Compensation) (Costs in Proceedings Before the\nAppeals Tribunal) Act 1985 (Act No. 51, 1985)\ns 5(2) Motor Accidents (Compensation) Amendment Act 1989 (Act No. 51,\n1989)\ns 4 Motor Accidents (Compensation) Amendment Act 1991 (Act No. 8, 1991)\ns 15 Motor Accidents (Compensation) Amendment Act (No. 2) 1991 (Act\nNo. 48, 1991)\ns 11(3) De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act\nNo. 82, 1991)\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 52\ns 8 Motor Accidents (Compensation) Amendment Act 2000 (Act No. 24,\n2000)\nss 4 and 6 Motor Accidents (Compensation) Amendment Act 2002 (Act\nNo. 73, 2002)\ns 77 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n","sortOrder":82},{"sectionNumber":"4","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 4DA, 10C, 11, 29A, 30C\nand 31A.\n","sortOrder":83},{"sectionNumber":"5","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"5 LIST OF AMENDMENTS\npt 1 hdg amd No. 35, 2010, s 39\ns 4 amd No. 117, 1979, s 4; No. 8, 1984, s 4; No. 32, 1986, s 4; No. 51, 1986,\ns 3; No. 51, 1989, s 4; No. 61, 1989, s 4; No. 48, 1991, s 4; No. 82, 1991,\ns 11; No. 16, 1997, ss 4 and 13; No. 17, 2001, s 21; No. 1, 2004, s 62; No. 9,\n2007, s 4; No. 30, 2007, s 59; No. 35, 2010, ss 27 and 39; No. 20, 2014, s 4;\nNo. 41, 2014, s 48; No. 9, 2015, s 31; No. 28, 2018, s 25\ns 4A ins No. 9, 2007, s 5\ns 4B ins No. 9, 2007, s 5\namd No. 20, 2014, s 5\ns 4C ins No. 9, 2007, s 5\namd No. 35, 2010, s 39; No. 20, 2014, s 6; No. 41, 2014, s 52\ns 4D ins No. 9, 2007, s 5\ns 4DA ins No. 20, 2014, s 7\ns 4E hdg amd No. 4, 2017, s 34\ns 4E ins No. 35, 2010, s 28\npt 2 hdg amd No. 35, 2010, s 39\ns 5 amd No. 8, 1984, s 5\nsub No. 61, 1989, s 5\namd No. 48, 1991, s 5\nsub No. 16, 1997, s 5\namd No. 24, 2000, s 4\nsub No. 9, 2007, s 6\ns 6 amd No. 117, 1979, s 5; No. 24, 2000, s 5; No. 9, 2007, s 7; No. 41, 2014,\ns 52\npt 3 hdg amd No. 35, 2010, s 39\ns 7 amd No. 117, 1979, s 6\nsub No. 9, 2007, s 8\namd No. 41, 2014, s 52\ns 8 amd No. 61, 1989, s 6\nrep No. 9, 2007, s 8\ns 9 amd No. 47, 1982, s 4; No. 3, 1984, s 4; No. 8, 1984, s 6; No. 17, 1996, s 6;\nNo. 16, 1997, s 6; No. 24, 2000, s 6; No. 60, 2001, s 11\nsub No. 9, 2007 , s 9\namd No. 35, 2010, s 39; No. 22, 2011, s 36\nsub No. 20, 2014, s 8\namd No. 41, 2014, s 52\ns 9A ins No. 20, 2014, s 8\namd No. 41, 2014, s 52\ns 9B ins No. 20, 2014, s 8\nss 9C – 9G ins No. 20, 2014, s 8\namd No. 41, 2014, s 52\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 53\ns 10 amd No. 117, 1979, s 7\nsub No. 8, 1984, s 7\namd No. 36, 1985, s 2; No. 9, 1987, s 2; No. 31, 1991, s 14; No. 50, 1994,\ns 16\nsub No. 9, 2007 , s 9; No. 20, 2014, s 8\nss 10A – 10C ins No. 20, 2014, s 8\ns 11 rep No. 48, 1991, s 6\nins No. 9, 2007, s 9\nsub No. 20, 2014, s 8\nss 11A – 11B ins No. 20, 2014, s 8\ns 12 amd No. 61, 1989, s 7; No. 16, 1997, s 7; No. 9, 2007, s 10; No. 35, 2010,\ns 39; No. 20, 2014, s 9; No. 41, 2014, s 52\npt 4 hdg amd No. 35, 2010, s 39\npt 4\ndiv 1 hdg ins No. 20, 2014, s 10\ns 13 amd No. 47, 1982, s 5; No. 32, 1986, s 5; No. 61, 1989, s 8; No. 48, 1991,\ns 7; No. 16, 1997, s 8; No. 73, 2002, s 5; No. 9, 2007, s 11; No. 35, 2010,\ns 39; No. 20, 2014, s 11; No. 41, 2014, s 52; No. 18, 2019, s 4\ns 14 amd No. 47, 1982, s 6; No. 61, 1989, s 9; No. 1, 2004, s 62; No. 35, 2010,\ns 39; No. 41, 2014, s 52\ns 15 amd No. 16, 1997, s 13; No. 62, 2001, s 15\nrep No. 9, 2007, s 12\ns 16 amd No. 32, 1986, s 6\nrep No. 9, 2007, s 12\ns 17 amd No. 47, 1982, s 7; No. 8, 1984, s 8\nsub No. 61, 1989, s 10\namd No. 48, 1991, s 8; No. 9, 2007, s 13; No. 35, 2010, s 39; No. 41, 2014,\ns 52\ns 18 amd No. 111, 1981, s 3; No. 8, 1984, s 9; No. 61, 1989, s 11; No. 8, 1991,\ns 3; No. 48, 1991, s 9; No. 16, 1997, s 9\nsub No. 9, 2007, s 14\namd No. 35, 2010, s 39; No. 20, 2014, s 12; No. 41, 2014, s 52\npt 4\ndiv 2 hdg ins No. 20, 2014, s 13\npt 4\nsdiv 1 hdg ins No. 20, 2014, s 13\ns 18AA ins No. 20, 2014, s 13\ns 18A ins No. 61, 1989, s 12\namd No. 16, 1997, s 10\nsub No. 9, 2007, s 14\namd No. 35, 2010, s 39; No. 20, 2014, s 14; No. 41, 2014, s 52\ns 18B ins No. 61, 1989, s 12\namd No. 40, 1998, s 2\nsub No. 9, 2007, s 14\namd No. 35, 2010, s 39; No. 20, 2014, s 15; No. 41, 2014, s 52\npt 4\nsdiv 2 hdg ins No. 20, 2014, s 16\nss 18BA –\n18BC ins No. 20, 2014, s 16\nss 18BD –\n18BF ins No. 20, 2014, s 16\namd No. 41, 2014, s 52\npt 4\ndiv 3 hdg ins No. 20, 2014, s 16\ns 18C ins No. 9, 2007, s 14\namd No. 35, 2010, s 39; No. 20, 2014, s 17; No. 41, 2014, s 52\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 54\ns 19 amd No. 61, 1989, s 13; No. 48, 1991, s 10\nsub No. 9, 2007, s 14\namd No. 35, 2010, s 39; No. 20, 2014, s 18; No. 41, 2014, s 52\npt 5 hdg amd No. 35, 2010, s 39\ns 20 amd No. 61, 1989, s 14\nsub No. 9, 2007, s 15\ns 20A ins No. 9, 2007, s 15\namd No. 35, 2010, s 39; No. 22, 2011, s 37; No. 20, 2014, s 19; No. 41,\n2014, s 52\ns 21 amd No. 16, 1997, s 13; No. 35, 2010, s 39; No. 41, 2014, s 52\ns 22 amd No. 47, 1982, s 8\nsub No. 3, 1984, s 5\namd No. 8, 1984, s 10\nsub No. 32, 1986, s 7; No. 48, 1991, s 11\namd No. 9, 2007, s 16; No. 35, 2010, s 39; No. 41, 2014, s 52\ns 23 amd No. 47, 1982, s 9\nsub No. 3, 1984, s 5\namd No. 8, 1984, s 11\nrep No. 32, 1986, s 7\nins No. 48, 1991, s 11\ns 24 amd No. 8, 1984, s 12; No. 32, 1986, s 8\nsub No. 48, 1991, s 12\namd No. 35, 2010, s 39\npt VA hdg ins No. 9, 2007, s 17\namd No. 35, 2010, s 39\ns 25 amd No. 3, 1984, s 6; No. 8, 1984, s 13; No. 32, 1986, s 9\nrep No. 48, 1991, s 13\nins No. 9, 2007, s 17\npt 6 hdg amd No. 35, 2010, s 29\npt 6\ndiv 1 hdg ins No. 35, 2010, s 29\ns 26 amd No. 8, 1984, s 14\nrep No. 48, 1991, s 13\nins No. 35, 2010, s 29\ns 27 sub No. 3, 1984, s 7\namd No. 32, 1986, s 10; No. 51, 1989, s 5; No. 16, 1997, s 11; No. 9, 2007,\ns 18\nsub No. 35, 2010, s 29\namd No. 41, 2014, s 49\ns 28 amd No. 3, 1984, s 8; No. 36, 1985, s 3\nsub No. 9, 2007, s 19\namd No. 8, 2016, s 45\npt 6\ndiv 2 hdg ins No. 35, 2010, s 30\nss 28A – 28B ins No. 35, 2010, s 30\ns 28C ins No. 35, 2010, s 30\namd No. 41, 2014, s 52\npt 6\ndiv 3 hdg ins No. 35, 2010, s 31\nss 28D – 28E ins No. 35, 2010, s 31\ns 29 amd No. 3, 1984, s 9\nsub No. 35, 2010, s 31\namd No. 41, 2014, s 52\npt 6\ndiv 4 hdg ins No. 35, 2010, s 31\ns 29A ins No. 3, 1984, s 10\namd No. 35, 2010, s 32; No. 18, 2017, s 36\n\nENDNOTES\nMotor Accidents (Compensation) Act 1979 55\ns 29B ins No. 51, 1985, s 3(1)\nrep No. 51, 1985, s 3(2)\ns 30A ins No. 32, 1986, s 11\namd No. 35, 2010, s 33; No. 38, 2010, s 4\ns 30B ins No. 35, 2010, s 34\npt 7 hdg amd No. 35, 2010, s 29\ns 30C ins No. 41, 2014, s 50\ns 31 amd No. 77, 1994, s 2; No. 16, 1997, s 12; No. 35, 2010, s 39; No. 41, 2014,\ns 52\ns 31A ins No. 20, 2014, s 20\namd No. 41, 2014, s 52\ns 32 sub No. 35, 2010, s 35\namd No. 41, 2014, s 52\ns 33 amd No. 3, 1984, s 11; No. 61, 1989, s 15; No. 48, 1991, s 14; No. 35, 2010,\ns 39; No. 20, 2014, s 21; No. 41, 2014, s 52\nss 34 – 35 amd No. 35, 2010, s 39; No. 41, 2014, s 52\ns 36 amd No. 51, 1989, s 6\nsub No. 35, 2010, s 36\nrep No. 41, 2014, s 51\ns 37 amd No. 54, 1982, s 2; No. 32, 1986, s 12; No. 1, 2004, s 62; No. 35, 2010,\ns 39\ns 38 amd No. 117, 1979, s 8; No. 8, 1984, s 15; No. 17, 1996, s 6; No. 24, 2000,\ns 7\nsub No. 9, 2007, s 20\namd No. 22, 2011, s 38; No. 20, 2014, s 22; No. 41, 2014, s 52\ns 39 rep No. 8, 1984, s 16\ns 40 amd No. 35, 2010, s 39; No. 41, 2014, s 52\ns 40A ins No. 117, 1979, s 9\namd No. 47, 1982, s 10\nrep No. 9, 2007, s 21\ns 41 rep No. 9, 2007, s 21\ns 42 sub No. 35, 2010, s 37\npt VIII hdg ins No. 9, 2007, s 22\namd No. 35, 2010, s 39\nsub No. 20, 2014, s 23\npt 8\ndiv 1 hdg ins No. 20, 2014, s 23\ns 43 ins No. 9, 2007, s 22\namd No. 35, 2010, s 39\npt 9 hdg ins No. 35, 2010, s 38\nsub No. 20, 2014, s 24\npt 8\ndiv 2 hdg ins No. 20, 2014, s 24\ns 44 ins No. 35, 2010, s 38\npt 8\ndiv 3 hdg ins No. 20, 2014, s.25\nss45 – 47 ins No. 20, 2014, s 25\npt 8\ndiv 4 hdg ins No. 18, 2019, s 5\nss 48 – 49 ins No. 18, 2019, s 5\nsch sub No. 8, 1984, s 17\nrep No. 20, 2014, s 26","sortOrder":84}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":4096},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1979 Act established a relatively straightforward no-fault social insurance scheme. Over 40 years of amendments, the legislation has expanded into"},"complexity_factors":["47 defined terms in the interpretation section (s4), including complex nested definitions of 'spouse' (covering customary Aboriginal marriages) and 'resident'","Dual legislative regimes for attendant care benefits based on injury date (Subdivision 1 for pre-1 July 2014 injuries vs Subdivision 2 for post-1 July 2014 injuries)","12 distinct exclusion or reduction provisions in Part 3 (ss 9–11B) with multiple nested exceptions (e.g., emergency exceptions within unregistered vehicle exclusions)","Mathematical benefit calculation formulas with variables and caps (s13(3)), plus indexed amounts tied to Australian Bureau of Statistics data","Three-tiered limitation periods for claims (as soon as practicable / 6 months / 3 years) with discretionary extensions and age-based exceptions","Cross-references to at least 7 other Acts (Motor Vehicles Act, Traffic Act, Criminal Code, Social Security Act, Workers Compensation legislation, Terrorism legislation, Supreme Court Act)","Complex indemnification provisions (s38) establishing 6 distinct categories of third parties liable to reimburse the Commission, with apportionment rules for contributory negligence","Extensive transitional provisions (Part 8) managing four separate amending Acts (2007, 2010, 2014, 2019) with date-based application rules"],"plain_english_summary":"**What this law does**\n\nThis Act creates the Northern Territory’s \"no-fault\" motor accident compensation scheme. In plain terms: if you are injured or killed in a motor vehicle accident, you generally cannot sue the other driver for damages (the Act abolishes those common law rights). Instead, you must apply to the Motor Accidents Commission for statutory benefits paid from the MAC Fund.\n\n**Who it covers**\n*   Anyone injured in a motor accident occurring in the NT.\n*   NT residents injured anywhere else in Australia by a Territory-registered vehicle.\n*   Note: A \"motor accident\" specifically means death or injury resulting directly from driving, a vehicle moving out of control, or a collision (or action to avoid one).\n\n**What you can claim**\n*   **Income support**: Weekly payments if your earning capacity is reduced (capped at 85% of average weekly earnings, with complex formulas based on your assessed capacity to work). Generally stops at pension age or after 104 weeks (2 years), whichever comes first.\n*   **Medical and rehabilitation**: Reasonable costs of treatment, hospitalisation, and rehab.\n*   **Attendant care**: Help with personal and domestic tasks (cooking, cleaning, personal hygiene) if you are severely impaired. **Important**: The rules differ drastically depending on whether you were injured before or after 1 July 2014.\n*   **Lump sums**: For permanent impairment (assessed at 5% or more \"whole person impairment\" using American Medical Association guides).\n*   **Death benefits**: Funeral expenses and financial support for spouses, dependent children, or dependent parents.\n\n**When you get nothing (or less) — The \"Character Test\"**\nThe scheme is generous but has strict moral hazard exclusions. You may be totally or partially excluded if:\n*   You were driving under the influence of alcohol or drugs (and it contributed to the crash).\n*   You were engaged in criminal conduct (manslaughter, dangerous driving, reckless endangerment).\n*   You were unlicensed, or your licence was suspended/cancelled (unless it was an emergency).\n*   You were driving or owned an **unregistered** vehicle (complex rules apply; generally excluded if unregistered for 3+ months, unless emergency).\n*   You breached conditions of a **conditionally registered** vehicle (unless emergency).\n*   The accident happened during motor sports (racing, speed trials).\n*   The accident is characterised as a **terrorist act**.\n*   You are covered by workers compensation (no double-dipping).\n*   You were using the vehicle to commit a serious crime or escape police.\n*   You failed to wear a seatbelt or helmet (25% reduction in benefits).\n\n**The claims process**\n1.  **Claim**: Must be made \"as soon as practicable\" — strictly, within 6 months (or 3 years for children/exceptional cases) or you may be barred.\n2.  **Determination**: The Commission decides if you are eligible and how much you get. They can require medical examinations and set treatment plans.\n3.  **Review**: If unhappy, you can seek an internal review by a \"designated person\" within 90 days.\n4.  **Tribunal**: If still unhappy, you can appeal to the Motor Accidents (Compensation) Appeal Tribunal (constituted by a Supreme Court Judge). The Tribunal’s decision is final — you cannot go to court.\n\n**The fine print — Indemnification**\nWhile the scheme is \"no-fault\" for the victim, the Commission can chase third parties to recover costs. This includes:\n*   Drivers convicted of serious offences (drink driving, dangerous driving).\n*   Owners of unregistered vehicles.\n*   Manufacturers or repairers of defective vehicles.\n*   Other jurisdictions if the vehicle was registered interstate.\n*   Organisers of motor sports events.\n\n**Special provisions**\n*   **Aboriginal and Torres Strait Islander marriages**: Customary marriages are recognised for determining spouse benefits.\n*   **Young people**: Special reduced rates apply for income support if you are under 21 and were a student at the time of the accident.\n*   **Choice of law**: If injured interstate, you can elect to claim under that state’s law instead, but you must repay any NT benefits received."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original statutory, no‑fault compensation purpose (long title; s 7; and the abolition of common‑law claims in s 5) remains the foundation.  However, subsequent amendments recorded in Part 8 and in the inserted sections have narrowed and specified the scheme's scope by adding numerous targeted exclusions, reductions and detailed eligibility rules (notably ss 9, 9A–9G, 10–11A, 18BA–18BF, 25 and related provisions).  The amendments also introduced a regulated attendant‑care framework (ss 18BA–18BF), clarified Commission discretion and procedural review mechanisms (Part 6; s 12), and expanded recovery/indemnity powers (s 38).  Transitional provisions in Part 8 set which amended rules apply to accidents occurring before or after amendment commencements.  Taken together, these changes have kept the core no‑fault design but materially refined and limited benefit entitlement in specific circumstances (see the exclusion/reduction sections cited)."},"complexity_factors":["Extensive cross‑referencing between Parts (eligibility, exclusions, benefits, reviews) requiring integrated interpretation (e.g. ss 5, 7, 9–11, 12, 13, 17, 18, 30C).","Broad administrative discretion vested in the Commission (s 12) and delegated assessment powers (medical and attendant care assessors).","Multiple, specific exclusions and reductions (ss 9, 9A–9G, 10–11A) that interact and apply cumulatively (s 11B).","Detailed benefit calculations and indexing rules (s 13, s 17(3); prescribed discount rate defined), requiring numeric and actuarial inputs.","Regulatory dependence for operational definitions, rates, provider approval criteria and impairment guides (ss 4C, 18BE, 25, 42).","Separate attendant care regimes depending on injury date and category (ss 18AA–18BF), creating layered eligibility rules.","Indemnity and recovery rules with tort‑law analogues and proportionate reduction mechanics (s 38(6)–(9)).","Tribunal and review architecture with strict timelines and finality of Tribunal decisions (Part 6, ss 28A–29, 30).","Transitional provisions and staged application of amendments (Part 8) that affect which version of the law applies to a given accident."],"plain_english_summary":"# What this law does, who it affects, and how it works (plain English)\n\n- What it establishes (mechanics)\n  - The Act sets up a statutory, no‑fault motor accident compensation scheme for deaths and injuries that result from motor accidents in the Northern Territory (long title; s 7).  People who meet the eligibility rules are paid statutory benefits instead of pursuing ordinary tort (common‑law) claims for damages (s 5; s 7).\n  - The Motor Accidents (Compensation) Commission (the Commission) administers the scheme, pays benefits out of the Motor Accidents (Compensation) Fund (s 30C), and has primary power to determine entitlement, amount and conditions of benefits (s 12).\n\n- Who pays and who decides\n  - The Commission pays benefits from the Fund (s 30C).  The Commission also:\n    - determines entitlement and benefit amounts (s 12);\n    - may set treatment plans and rehabilitation programs and make compliance with those plans a condition of payment (s 12(2)–(4));\n    - may require medical or attendant‑care assessments and authorisations to obtain medical information, and may suspend payments if the claimant does not comply (s 12(5)–(8)).\n  - A designated person appointed by the Minister conducts internal reviews of Commission decisions (ss 27, 28A–28C).  Claimants may refer matters to the Motor Accidents (Compensation) Appeal Tribunal, which is constituted by a Supreme Court Judge (ss 28–29).\n\n- The main kinds of benefits (how money or services flow)\n  - Weekly compensation for loss of earning capacity (s 13).\n  - Lump‑sum compensation for permanent impairment (s 17).\n  - Medical and rehabilitation services and related costs (s 18) and reasonable costs for appliances, home/vehicle modifications and special equipment (s 19).\n  - Attendant care services (short‑term, interim, long‑term) under the rules in Part 4 Division 2 (ss 18A, 18B, 18BA–18BF).  For injuries on/after 1 July 2014, eligibility, provider approval and payment rules are set out in ss 18BA–18BF.\n  - Death benefits and weekly payments for dependent children or parents where a person dies as a result of a motor accident (ss 20–24).\n  - Emergency travel benefit for close family members in certain cases (s 18C).\n\n- Important eligibility limits, exclusions and reductions (who does not get paid or gets less)\n  - The Act abolishes ordinary common‑law actions for motor accidents in the Territory (s 5).  In place of civil suits, statutory benefits apply subject to the Act's exclusions and reductions.\n  - Specific exclusions and reductions remove or cut benefits in particular situations.  Key examples:\n    - Driver under the influence of alcohol or drugs: loss of earning capacity and lump‑sum permanent impairment benefits may be excluded if the Commission finds intoxication contributed to the accident; regulations create a presumption in some circumstances (s 9; s 20A for deaths).\n    - Criminal conduct contributing to the accident: certain convictions can exclude loss‑of‑earnings and impairment lump sums (s 9A).\n    - Recklessly ignoring risk: exclusion for loss‑of‑earnings and lump‑sum impairment where the injured person recklessly ignored a substantial risk (s 9B; s 20A for deaths).\n    - Unlicensed drivers, unregistered or conditionally registered vehicles: defined exclusions and in some cases total exclusions of benefits when the injured person was the owner/driver and knew (or ought to have known) of the licence/registration status (ss 9C–9G).\n    - Criminal use, motor‑sport participation, workers' compensation cases, and terrorist acts: these are designated total exclusions (ss 10, 10A, 10B, 10C).\n    - Seatbelt or helmet non‑use: a 25% reduction applies to certain benefits if a person aged 16+ was required to wear but was not wearing a seatbelt or helmet (s 11).\n    - Other insurance or compensation entitlements reduce statutory benefits by the amount of that other entitlement (s 11A).  Multiple applicable exclusions/reductions apply cumulatively (s 11B).\n\n- Claims process, timing and review\n  - Claims must be made as soon as practicable and are subject to statutory time limits; the Commission may refuse claims made later than 6 months and must refuse those made later than 3 years after the accident except in certain circumstances (s 31).\n  - Claimants can seek review by the designated person (s 28A–28C) and then, if aggrieved, refer the matter to the Tribunal (ss 28E, 29).  Tribunal decisions are final (s 30).\n\n- Recovery and indemnity mechanisms affecting third parties and insurers\n  - The Commission indemnifies (i.e. protects) owners or drivers of Territory‑registered vehicles for relevant liabilities arising from accidents outside the Territory (subject to other insurance), and in some cases may take over settlement/defence of proceedings (s 6; s 40).\n  - The Commission can recover from third parties who would have been liable in tort had the Act not existed: examples include drivers registered in other jurisdictions, negligent manufacturers/repairers, organisers or participants in motor sport events, and various other categories (s 38).  The Commission's recovery is reduced where contributory negligence or claims against multiple tortfeasors would have applied (s 38(6)–(7)).\n\n- Where the scheme leaves discretion and where detail comes from regulation or other instruments\n  - Many operational details (rates, the prescribed discount rate, attendant care criteria, approved providers, procedures and forms) are provided by regulations; the Commission also relies on medical guides prescribed by regulation to assess permanent impairment (ss 4C; s 12; s 25; s 42).\n  - The Commission has broad discretionary powers to determine appropriate treatment standards, assess eligibility, and suspend payments for non‑compliance (s 12).\n\n- Practical incentives, compliance burdens and administration costs (tested against the Act)\n  - Who bears cost: the Commission (i.e. the Fund) bears the direct cost of benefits (s 30C).  The Fund can seek indemnity or subrogation from liable third parties (s 38) and may be relieved where other insurance already indemnifies a person (s 6(2); s 11A).\n  - Compliance burden on claimants: the Act requires claimants to supply information, attend medical examinations and sign irrevocable authorisations for information release; failure to comply can lead to suspension of payments (s 12(5)–(8)).\n  - Behavioural incentives the Act creates: the exclusions and reductions create financial incentives for seatbelt/helmet use (s 11), for lawful and licensed driving (ss 9C–9G), and for avoiding criminal or reckless conduct while using vehicles (ss 9, 9A, 9B, 10).  Where other insurance exists, statutory benefits are reduced, which preserves private insurance primacy where applicable (s 11A).\n  - Effects on private providers and markets: attendant care services must be provided by approved providers except in special circumstances (s 18BE); attendant‑care payments are generally paid directly to providers (s 18BF).  That structure creates a regulatory gate on who can supply attendant care to funded claimants and routes payment through the Commission to providers.\n\n- Trade‑offs, implementation risk and opportunity cost\n  - Trade‑offs: the Act substitutes a defined statutory benefit regime for ordinary tort claims (s 5).  That centralises claims management and sets statutory rates/formulae (e.g. s 13; s 17) while removing access to common‑law damages in most cases (s 5).\n  - Implementation risks and discretion: the Commission has wide discretion to determine entitlement and reasonable treatment, and many operational details rely on regulations and Commission policies (s 12; s 42).  That concentrates decision authority and creates risk of variable administrative practice and litigation over interpretation (Part 6 provides internal review and Tribunal access).\n  - Opportunity costs: replacing civil litigation with statutory benefits reallocates liability from individual tort defendants and their insurers to the Fund, though the Fund retains rights to recover from liable third parties in specified circumstances (s 38).\n\n- How the law is kept current and modified\n  - The Act includes transitional and amendment provisions that specify when amended parts apply to accidents occurring before or after commencement of amendments (Part 8).  Regulations fill in many operational details (s 42)."}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-compensation-act-1979","history":"/api/acts/motor-accidents-compensation-act-1979/history","analysis":"/api/acts/motor-accidents-compensation-act-1979/analysis","conflicts":"/api/acts/motor-accidents-compensation-act-1979/conflicts","importantCases":"/api/acts/motor-accidents-compensation-act-1979/important-cases","documents":"/api/acts/motor-accidents-compensation-act-1979/documents"}}