{"id":"motor-accidents-compensation-regulations-1984","name":"MOTOR ACCIDENTS (COMPENSATION) REGULATIONS 1984","slug":"motor-accidents-compensation-regulations-1984","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177021,"registerId":"nt-motor-accidents-compensation-regulations-1984-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"MOTOR ACCIDENTS (COMPENSATION) REGULATIONS 1984","content":"NORTHERN TERRITORY OF AUSTRALIA\nMOTOR ACCIDENTS (COMPENSATION) REGULATIONS 1984\nAs in force at 1 July 2021\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Guides to the evaluation of permanent impairment ......................... 1\n4A Exclusion: driver under influence of alcohol..................................... 2\n4B Motor vehicle incapable of being registered .................................... 3\n4C Determination of rights of benefits ................................................... 3\n4D Necessary and reasonable medical and rehabilitation\nexpenses ......................................................................................... 4\n4E Eligibility: benefits for long-term attendant care services ................. 5\n4F Eligibility: benefits for interim attendant care services ..................... 6\n4G Determination of benefits for attendant care services ...................... 7\n4H Necessary and reasonable attendant care services ........................ 7\n4J Approved providers of attendant care services................................ 8\n4K Building alterations .......................................................................... 9\n4L Necessary and reasonable building alterations ............................. 11\n4M Reduction of benefits for influence of alcohol ................................ 11\n5 Commutation of compensation for loss of earning capacity .......... 12\n6 Commutation of benefits where eligible person resides or is\nabout to reside outside Australia ................................................... 13\nSchedule 1 Criteria for benefits for attendant care\nservices\nSchedule 2 Pricing of benefits for attendant care\nservices\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2021\n____________________\nMOTOR ACCIDENTS (COMPENSATION) REGULATIONS 1984\nRegulations under the Motor Accidents (Compensation) Act 1979\n1 Citation\nThese Regulations may be cited as the Motor Accidents\n(Compensation) Regulations 1984.\n2 Commencement\nThese Regulations come into operation on 1 July 2007.\n3 Definitions\nIn these regulations:\nCPI means the All Groups Consumer Price Index, being the\nweighted average of the 8 capital cities, published by the Australian\nStatistician.\n(indexed) indicates that the sum of money to which it relates is to\nbe adjusted to reflect changes in the CPI between 1 July 2007 and\n1 July in the financial year in which the relevant motor accident\noccurred.\n4 Guides to the evaluation of permanent impairment\n(1) For section 4C(2)(a) of the Act, the American Medical Association\nGuides to the Evaluation of Permanent Impairment, 6th Edition is\nprescribed.\n(2) The Commission must ensure that a copy of the Guides is available\nfor inspection (in the form of a physical copy or on computer) during\nordinary business hours, at the Commission's office in Darwin.\n\nMotor Accidents (Compensation) Regulations 1984 2\n4A Exclusion: driver under influence of alcohol\n(1) For section 9(2) of the Act, the prescribed circumstances are that,\nat the time of the accident, the injured person had a concentration\nof alcohol:\n(a) in his or her breath of 0.08 grams or more per 210 litres of\nexhaled breath; or\n(b) in his or her blood of 0.08 grams or more per 100 millilitres of\nblood.\n(2) If a breath analysis is carried out on the person in accordance with\nsection 29AAC or 29AAD of the Traffic Act 1987, the breath alcohol\nconcentration indicated by the analysis is taken to be the\nconcentration of alcohol in the person's breath at the time of the\nmotor accident.\n(3) If a sample of the person's blood is taken in accordance with\nsection 29AAK of the Traffic Act 1987 within 4 hours of the motor\naccident, the blood alcohol concentration indicated by analysis of\nthe sample is taken to be the concentration of alcohol in the\nperson's blood at the time of the motor accident.\n(4) For subregulations (2) and (3), if more than one analysis mentioned\nin those subregulations is carried out in relation to a person, the\nanalysis that shows the higher concentration of alcohol is to be\nused.\n(5) If the person is required under the Traffic Act 1987 to submit to a\nbreath analysis or provide a sample of blood and fails to do so, the\nconcentration of alcohol in the person's breath or blood at the time\nof the accident is taken to exceed the concentration mentioned in\nsubregulation (1)(a) or (b).\n(6) However, subregulation (5) does not apply if the Commission is\nsatisfied that the person had a reasonable excuse for the failure to\nsubmit to a breath analysis or provide a sample of blood.\n(7) If subregulations (2) to (6) do not apply, the Commission may have\nregard to any relevant information or evidence to determine the\nconcentration of alcohol in the person's breath or blood at the time\nof the motor accident.\n(8) In this regulation:\nbreath analysis, see section 3(1) of the Traffic Act 1987.\n\nMotor Accidents (Compensation) Regulations 1984 3\n4B Motor vehicle incapable of being registered\n(1) For sections 9D(1)(d)(i) and 9E(1)(d)(i) of the Act, the following\nkinds of motor vehicles are prescribed:\n(a) a vehicle manufactured on or before 1 January 1971 that:\n(i) does not comply with the applicable vehicle safety\nrequirements under the Motor Vehicles Act 1949 or a\ncorresponding law of another jurisdiction; and\n(ii) cannot be registered under the Motor Vehicles Act 1949\nor a corresponding law of another jurisdiction;\n(b) a vehicle manufactured during the period from 2 January 1971\nto 1 August 1989 that has never had a compliance plate\nplaced on it in accordance with an approval by the body\nknown as the Australian Motor Vehicle Certification Board;\n(c) a vehicle manufactured during the period from 2 August 1989\nto the RVSA commencement date that has never had a plate\nor label placed on it in accordance with an approval given\nunder the Motor Vehicle Standards Act 1989 (Cth) before its\nrepeal;\n(d) a vehicle manufactured after the RVSA commencement date\nthat:\n(i) has never had a plate or label placed on it in accordance\nwith an approval mentioned in Schedule 3, Part 3,\nDivision 1 of the Road Vehicle Standards (Consequential\nand Transitional Provisions) Act 2018 (Cth); and\n(ii) has not been entered on the Register of Approved\nVehicles kept under section 14(1) of the Road Vehicle\nStandards Act 2018 (Cth).\n(2) In this regulation:\nRVSA commencement date means the day on which section 15 of\nthe Road Vehicle Standards Act 2018 (Cth) commences.\n4C Determination of rights of benefits\n(1) For section 12 of the Act, the Commission may require a person\nmaking a claim for benefits under the Act to provide the\nCommission with the following:\n(a) documents related to the person's injury or treatment,\nincluding medical, hospital, dental or other health records;\n\nMotor Accidents (Compensation) Regulations 1984 4\n(b) documents related to the person's medical history before the\naccident;\n(c) taxation records in relation to the person, to the extent they\nrelate to the claim;\n(d) documents related to the person's employment both before\nand after the motor accident;\n(e) any other information reasonably related to the claim.\n(2) For section 12 of the Act, the Commission may require a health\npractitioner or approved allied health professional to:\n(a) examine a person who has made a claim for benefits under\nthe Act; and\n(b) prepare a treatment plan or rehabilitation plan for the person.\n(3) The cost of examining a person and preparing a plan under\nsubregulation (2) is to be borne by the Commission.\n(4) In this regulation:\napproved allied health professional means a person who\npractices an allied health profession and is approved by the\nCommission.\nhealth practitioner, see section 5 of the Health Practitioner\nRegulation National Law.\n4D Necessary and reasonable medical and rehabilitation\nexpenses\n(1) For section 12(1A) of the Act, in determining whether medical and\nrehabilitation services are reasonable and necessary in relation to\nan eligible person under section 18(1) of the Act, the Commission\nmust consider each of the following:\n(a) the extent to which the services will be of benefit to the\nperson;\n(b) the appropriateness of the services having regard to:\n(i) the nature and severity of the injury; and\n(ii) the likely effectiveness of the services;\n(c) any alternatives to the provision of the services;\n\nMotor Accidents (Compensation) Regulations 1984 5\n(d) whether the service provider is appropriate to provide the\nservices;\n(e) the cost effectiveness of providing the services to the person;\n(f) how long the services are to be provided for;\n(g) any other relevant considerations.\n(2) In considering the extent to which services will be of benefit to the\nperson, the Commission must consider each of the following:\n(a) the extent to which the services are likely to:\n(i) promote or maintain the person's recovery or\nindependence; or\n(ii) improve the person's functional autonomy;\n(b) the short- and long-term benefits of the services;\n(c) the extent of any potential risks related to the provision of the\nservices.\n(3) In considering whether the service provider is appropriate to\nprovide the services to the person, the Commission must consider\neach of the following:\n(a) whether the provider possesses the necessary qualifications\nand experience to provide the services;\n(b) the accessibility of the provider to the person.\n4E Eligibility: benefits for long-term attendant care services\n(1) For section 18BC(1)(c) of the Act, the prescribed criteria are:\n(a) the person has suffered an injury of a kind listed in\nSchedule 1; and\n(b) either subregulation (2) or (3) applies.\n(2) This subregulation applies if:\n(a) the criteria set out in Schedule 1 for that kind of injury are\nsatisfied; and\n(b) the injury is permanent and stable.\n\nMotor Accidents (Compensation) Regulations 1984 6\n(3) This subregulation applies if subregulation (2) does not apply but, in\nthe opinion of the Commission, exceptional circumstances exist in\nrelation to the person which warrant the payment of benefits for\nattendant care services.\n(4) The Commission must obtain a certificate from a medical specialist\napproved by the Commission stating:\n(a) the medical specialist has assessed the injured person; and\n(b) whether the person has an injury of a kind listed in\nSchedule 1; and\n(c) if the person does have such an injury, whether, at the time\nthe certificate is given, subregulation (2) applies.\n(5) For the avoidance of doubt, in assessing whether a person is\neligible for benefits under section 18BC, the Commission must be\nsatisfied that the criteria in subregulation (1) are met on the date the\nCommission assesses the person's eligibility.\n(6) In this regulation:\nmedical specialist means a medical practitioner who holds\nspecialist registration under the Health Practitioner Regulation\nNational Law in a recognised speciality that is relevant to the injury.\n4F Eligibility: benefits for interim attendant care services\n(1) For section 18BD(1)(c) of the Act, the prescribed criteria are:\n(a) the person has suffered an injury of a kind listed in\nSchedule 1; and\n(b) either subregulation (2) or (3) applies.\n(2) This subregulation applies if:\n(a) the criteria set out in Schedule 1 for the injury (excluding any\nrequirements as to the permanency of the injury) are satisfied;\nand\n(b) the person's condition at the date of assessment is not\npermanent and stable.\n(3) This subregulation applies if subregulation (2) does not apply but, in\nthe opinion of the Commission, exceptional circumstances exist in\nrelation to the person which warrant the payment of benefits for\nattendant care services.\n\nMotor Accidents (Compensation) Regulations 1984 7\n(4) The Commission must obtain a certificate from a medical specialist\napproved by the Commission stating:\n(a) the medical specialist has assessed the injured person; and\n(b) whether the person has suffered an injury of a kind listed in\nSchedule 1; and\n(c) if the person does have such an injury, whether, at the time\nthe certificate is given, subregulation (2) applies.\n(5) For the avoidance of doubt, in assessing whether a person is\neligible for benefits under section 18BD, the Commission must be\nsatisfied that the criteria in subregulation (1) are met on the date the\nCommission assesses the person's eligibility.\n(6) In this regulation:\nmedical specialist means a medical practitioner who holds\nspecialist registration under the Health Practitioner Regulation\nNational Law in a recognised speciality that is relevant to the injury.\n4G Determination of benefits for attendant care services\nFor sections 18A(3), 18B(3) and 18BF(1) of the Act, benefits\npayable for attendant care services are to be determined in\naccordance with Schedule 2.\n4H Necessary and reasonable attendant care services\n(1) For section 12(1A) of the Act, in determining whether attendant\ncare services are reasonable and necessary in relation to an\neligible person under section 18BE(1)(b)(i) of the Act, the\nCommission must consider each of the following:\n(a) the extent to which the services will be of benefit to the\nperson;\n(b) the appropriateness of the services having regard to the\nperson's ability and care needs as assessed by the\nCommission;\n(c) any alternatives to the provision of the services;\n(d) whether the service provider is appropriate to provide the\nservices;\n(e) the cost effectiveness of providing the services to the person;\n(f) how long the services are to be provided for;\n\nMotor Accidents (Compensation) Regulations 1984 8\n(g) any other relevant considerations.\n(2) In considering the extent to which services will be of benefit to the\nperson, the Commission must consider each of the following:\n(a) the extent to which the services are likely to:\n(i) promote or maintain the person's recovery or\nindependence; or\n(ii) improve the person's functional autonomy;\n(b) the short- and long-term benefits of the services;\n(c) the extent of any potential risks related to the provision of the\nservices.\n(3) In considering whether the service provider is appropriate to\nprovide the services to the person, the Commission must consider\neach of the following:\n(a) the age and ethnicity of the injured person and any other\ncultural or linguistic factors;\n(b) whether a reasonable person is likely to consider the provider\nacceptable;\n(c) the accessibility of the provider to the person.\n(4) If the person is less than 15 years of age, the Commission must\nalso consider the care needs of a typically developing child the\nsame age as the person.\n4J Approved providers of attendant care services\nFor the definition approved provider in section 18BE(2) of the Act,\nthe prescribed criteria are:\n(a) for attendant care services provided within the Territory – that\nthe person:\n(i) has a current contract with the Territory to provide\nservices of a nature similar to attendant care services in\naccordance with the Northern Territory Disability Service\nStandards; or\n(ii) has a current contract with the National Disability\nInsurance Agency to provide services of a nature similar\nto attendant care services in the Territory; or\n\nMotor Accidents (Compensation) Regulations 1984 9\n(b) for attendant care services provided in a State or another\nTerritory – that the person:\n(i) has a contract with, or has been approved by, the\ndepartment or agency responsible for the provision of\ndisability care services, to provide services of a nature\nsimilar to attendant care services in that State or\nTerritory; or\n(ii) has a current contract with the National Disability\nInsurance Agency to provide services of a nature similar\nto attendant care services in that State or Territory; or\n(c) that the person is, in the opinion of the Commission,\nappropriate to provide attendant care services.\n4K Building alterations\n(1) For section 19(2)(b) of the Act, the limitations and qualifications in\nthis regulation apply to benefits for the cost of alterations to a\nbuilding in which an eligible person resides or proposes to reside\nunder section 19(1)(b)(i) of the Act.\n(2) The benefits are limited to alterations to:\n(a) access into and throughout the building; and\n(b) the following parts of the building:\n(i) a bathroom;\n(ii) a bedroom;\n(iii) a living/dining area;\n(iv) a kitchen or food preparation area.\n(3) The benefits are not payable in relation to the construction or\nalteration of a pool, spa or other aqua-therapy facility.\n(4) The benefits are payable only if the alterations are approved by the\nfollowing:\n(a) if the building forms part of a unit title scheme:\n(i) if the eligible person owns the unit in which the person\nresides or proposes to reside – the body corporate; or\n(ii) if the eligible person does not own the unit in which the\nperson resides or proposes to reside – the owner of the\nunit and the body corporate;\n\nMotor Accidents (Compensation) Regulations 1984 10\n(b) if the building does not form part of a unit title scheme and is\nowned by a person other than the eligible person – the owner\nof the building;\n(c) all persons whose approval of the alterations is required by a\nlaw of the Territory or State or other Territory in which the\nbuilding is located.\n(5) The benefits are not payable unless:\n(a) an occupational therapist approved by the Commission\ncertifies the building is appropriate for the injured person or is\ncapable of being altered so that it is appropriate for the injured\nperson; and\n(b) the Commission has approved the proposed alterations before\nthe alterations are commenced.\n(6) The certificate and approvals mentioned in subregulations (4)\nand (5) must be obtained:\n(a) if the alterations are to a building in which the person was\nliving at the time of the motor accident – before the alterations\ncommence; or\n(b) if the alterations are to another building:\n(i) before the person commits to moving to the building; and\n(ii) before the alterations commence.\n(7) In this regulation:\nbody corporate means:\n(a) a body corporate as defined in section 5 of the Unit Title\nSchemes Act 2009; or\n(b) a corporation as defined in section 4(1) of the Unit Titles\nAct 1975; or\n(c) a body corporate or owners corporation (however described)\nof a unit title scheme.\nunit title scheme means:\n(a) a unit title scheme as defined in section 5 of the Unit Title\nSchemes Act 2009; or\n(b) a units plan as defined in section 4(1) of the Unit Titles\nAct 1975; or\n\nMotor Accidents (Compensation) Regulations 1984 11\n(c) a strata plan (however described) under the legislation of a\nState or other Territory.\n4L Necessary and reasonable building alterations\nFor section 12(1A) of the Act, in determining whether alterations to\na building mentioned in section 19(1)(b)(i) of the Act are necessary\nand reasonable, the Commission must consider each of the\nfollowing:\n(a) the amount of benefits already paid to the person under\nsection 19(1)(b)(i) of the Act;\n(b) the extent of any financial gain or loss as a result of alterations\npreviously paid for under section 19(1)(b)(i) of the Act;\n(c) the nature and extent of the alterations;\n(d) the likely future circumstances of the person, including how\nlong the person is likely to reside or continue residing in the\nbuilding;\n(e) any other relevant considerations.\n4M Reduction of benefits for influence of alcohol\n(1) For section 20A(2) of the Act, the prescribed circumstances are\nthat, at the time of the accident, the qualifying person had a\nconcentration of alcohol:\n(a) in his or her breath of 0.08 grams or more per 210 litres of\nexhaled breath; or\n(b) in his or her blood of 0.08 grams or more per 100 millilitres of\nblood.\n(2) If a breath analysis is carried out on the person in accordance with\nsection 29AAC or 29AAD of the Traffic Act 1987, the breath alcohol\nconcentration indicated by the analysis is taken to be the\nconcentration of alcohol in the person's breath at the time of the\nmotor accident.\n(3) If a sample of the person's blood is taken in accordance with\nsection 29AAK of the Traffic Act 1987 within 4 hours of the motor\naccident, the blood alcohol concentration indicated by analysis of\nthe sample is taken to be the concentration of alcohol in the\nperson's blood at the time of the motor accident.\n\nMotor Accidents (Compensation) Regulations 1984 12\n(4) For subregulations (2) and (3), if more than one analysis mentioned\nin those subregulations is carried out in relation to a person, the\nanalysis that shows the higher alcohol concentration is to be used.\n(5) If the person is required under the Traffic Act 1987 to submit to a\nbreath analysis or provide a sample of blood and fails to do so, the\nconcentration of alcohol in the person's breath or blood at the time\nof the accident is taken to exceed the concentration mentioned in\nsubregulation (1)(a) or (b).\n(6) However, subregulation (5) does not apply if the Commission is\nsatisfied that the person had a reasonable excuse for the failure to\nsubmit to a breath analysis or provide a sample of blood.\n(7) If subregulations (2) to (6) do not apply, the Commission may have\nregard to any relevant information or evidence to determine the\nconcentration of alcohol in the person's breath or blood at the time\nof the motor accident.\n(8) In this regulation:\nbreath analysis, see section 3(1) of the Traffic Act 1987.\n5 Commutation of compensation for loss of earning capacity\n(1) The Commission may commute a liability to pay compensation for\nloss of earning capacity.\n(2) A commutation may be made under this regulation:\n(a) on the application of the eligible person; or\n(b) if the amount of the compensation to which the eligible person\nis entitled does not justify, in the Commission's opinion, the\nadministrative cost of making periodic payments.\n(3) In determining the amount for which an entitlement to future\nbenefits should be commuted, a discount rate of 6% will be applied.\n(4) The payment of the amount assessed on commutation discharges\nthe Commission from further liability to pay benefits of the kind to\nwhich the commutation relates.\n(5) However, the Commission has a discretion to re-open a\ncommutation under this regulation if:\n(a) the commutation was made without the eligible person's\nconsent; and\n\nMotor Accidents (Compensation) Regulations 1984 13\n(b) there has been a substantial deterioration of the eligible\nperson's medical condition since the date of the commutation.\n6 Commutation of benefits where eligible person resides or is\nabout to reside outside Australia\n(1) This regulation applies to statutory benefits of the following kinds:\n(a) compensation for loss of earning capacity under section 13 of\nthe Act;\n(b) compensation for the reasonable cost of medical and\nrehabilitation services under section 18 of the Act;\n(c) long-term benefits for attendant care services under\nsection 18B of the Act.\n(2) The Commission may, on application by an eligible person,\ncommute a liability to pay statutory benefits to which this regulation\napplies if satisfied that:\n(a) the eligible person is ordinarily resident outside Australia or is\nabout to leave Australia to take up residence, for a substantial\nperiod, outside Australia; and\n(b) the eligible person is entitled to benefits of the kind for which\ncommutation is sought; and\n(c) the eligible person has suffered a permanent impairment as a\nresult of the injury received in, or as a result of, the relevant\nmotor accident and the degree of the permanent impairment\n(as assessed by the Commission) is 15% or more; and\n(d) the eligible person's medical condition has stabilised to a point\nwhere it is possible to predict the future course of the condition\n(i.e. the nature and extent of future amelioration or\ndeterioration of the condition) with reasonable certainty.\n(3) For determining the amount for which an entitlement to future\nbenefits should be commuted:\n(a) the amount of the future benefits will be assessed on the\nassumption that the eligible person will remain in Australia;\nand\n(b) the probable future amelioration or deterioration of the eligible\nperson's medical condition will be taken into account (and, for\nthis purpose, it will be assumed that the eligible person will\nreceive the benefit of rehabilitative services equivalent to the\nbest that would have been available to the eligible person if he\n\nMotor Accidents (Compensation) Regulations 1984 14\nor she had remained in Australia); and\n(c) a discount rate of 6% will be applied.\n(4) The total amount for which statutory benefits are commuted under\nthis regulation cannot exceed $1million (indexed) and the\ncomponent of such an amount representing compensation for the\nreasonable cost of medical and rehabilitation services cannot\nexceed $300 000 (indexed).\n(5) The payment of the amount assessed on commutation discharges\nthe Commission from further liability to pay benefits of the kind to\nwhich the commutation relates.\n\nSchedule 1 Criteria for benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 15\nSchedule 1 Criteria for benefits for attendant care services\nregulations 4E and 4F\n1 Spinal cord injury\nInjury Acute traumatic lesion of the neural elements in the spinal canal\n(spinal cord and cauda equina)\nCriteria The injury has resulted in:\n(a) a permanent neurological deficit – determined in accordance\nwith the ISNCSCI classification tool and evidenced by a score\nof A to D on the ASIA Scale at the date of assessment; or\n(b) significant residual impact on the functioning of the person's\nautonomic nervous system (with particular reference to\nresultant bladder and bowel dysfunction) – evidenced by a\nscore of 0 in any of the elements of the ISAFSCI assessment\ntool.\nDefinitions\nIn this item:\nASIA means the American Spinal Injury Association.\nASIA Scale means the American Spinal Injury Association\nImpairment Scale published by the ASIA.\nISAFSCI assessment tool means the International Standards to\ndocument remaining Autonomic Function after Spinal Cord Injury\nassessment tool.\nISNCSCI classification tool means the International Standards\nFor Neurological Classification of Spinal Cord Injury classification\ntool published by the ASIA.\n\nSchedule 1 Criteria for benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 16\n2 Brain injury\nInjury Traumatic brain injury\nCriteria\n1 If the eligible person is 8 or more years of age at the date of\nassessment – the injury has resulted in the eligible person:\n(a) having either of the following:\n(i) 7 days or more of post-traumatic amnesia – measured\nusing a recognised PTA scale;\n(ii) a significant brain imaging abnormality; and\n(b) having a score of 5 or less on any item in the FIM Guide at the\ndate of assessment.\n2 If the eligible person is 3 or more, but less than 8, years of age at\nthe date of the assessment – the injury has resulted in the eligible\nperson:\n(a) having one of the following:\n(i) a score of less than 9 on the Glasgow Coma Scale –\nassessed within 24 hours of the motor accident;\n(ii) 7 days or more of post-traumatic amnesia – measured\nusing a recognised PTA scale;\n(iii) a significant brain imaging abnormality; and\n(b) having a score of at least 2 less than the age norm for the\neligible person on any item on the WeeFIM Instrument at the\ndate of assessment.\n3 If the eligible person is less than 3 years of age at the date of the\nassessment – as a result of the injury, the person will probably have\na permanent impairment which will have a significant adverse\nimpact on their normal development, as determined by a medical\npractitioner specialising in paediatric rehabilitation.\nDefinitions\nIn this item:\nFIM Guide means the FIM™ (Guide for the Uniform Data Set for\nMedical Rehabilitation) published by the Uniform Data System for\nMedical Rehabilitation.\n\nSchedule 1 Criteria for benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 17\nGlasgow Coma Scale means the Glasgow Coma Scale published\nby Teasdale and Jennett.\nrecognised PTA scale means the Westmead Post Traumatic\nAmnesia Scale published by the Westmead Hospital or a similar\nclinically accepted, validated scale for post-traumatic amnesia.\nWeeFIM Instrument means the WeeFIM® Instrument published by\nthe Uniform Data System for Medical Rehabilitation.\n3 Amputations\nInjury Amputation or injury equivalent to an amputation\nCriteria The injury is one of the following:\n(a) brachial plexus avulsion or rupture that is equivalent to an\namputation;\n(b) single forequarter amputation;\n(c) single shoulder disarticulation;\n(d) single amputation of lower limb at or above 65% of femur;\n(e) 2 or more of the following:\n(i) amputation of lower limb at or above 50% of tibia;\n(ii) amputation of upper limb at or above the first\nmetacarpophalangeal joint of the thumb and index finger\nof the same hand.\nMeasurement procedure for amputations\nPercentage loss of length of tibia or femur is:\n(a) to be calculated:\n(i) using pre- and post-amputation x-ray imaging; or\n(ii) if x-ray imaging is not available – by comparison of\nlength of amputated tibia or femur and length of\ncontralateral tibia or femur; or\n(b) if calculation under paragraph (a) is not possible in respect of\ntibia amputation, the percentage loss of length of the tibia is\ntaken to be 50% of tibial length calculated from estimated\nknee height (based on the person's total height prior to the\nmotor accident).\n\nSchedule 1 Criteria for benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 18\nDefinition\nIn this item:\nforequarter amputation means amputation of the humerus,\nscapula and clavicle.\n4 Burns\nInjury Burns\nCriteria\n1 For this item, the criteria in clauses 2 and 3 must be satisfied.\n2 One of the following as evidenced by a burn impact score of\n50 points on a recognised burns scale:\n(a) full thickness burns to:\n(i) if the person is more than 16 years of age at the date of\nthe motor accident – at least 40% of the body; or\n(ii) if the injured person is aged 16 years of age or less at\nthe date of the motor accident – 30% of the body;\n(b) permanent inhalation burns causing long-term significant\nrespiratory impairment;\n(c) full thickness burns to the hands, face or genital area.\n3 The injury has resulted in the person:\n(a) if the person is 8 or more years of age at the date of the\nassessment – having a score of 5 or less on one or more\nitems in the FIM Guide at the date of assessment; or\n(b) if the person is 3 or more, but less than 8, years of age at the\ndate of the assessment – having a score of at least 2 less than\nthe age norm on any item on the WeeFIM Instrument at the\ndate of assessment; or\n(c) if the person is less than 3 years of age at the date of the\nassessment – the person will probably have permanent\nimpairment due to the burns resulting in significant adverse\nimpact on their normal development, as certified by a medical\npractitioner specialising in paediatric rehabilitation.\n\nSchedule 1 Criteria for benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 19\nDefinitions\nIn this item:\nFIM Guide means the FIM™ (Guide for the Uniform Data Set for\nMedical Rehabilitation) published by the Uniform Data System for\nMedical Rehabilitation.\nrecognised burns scale means the Greenwood Burns Scale\npublished by the Royal Adelaide Hospital or a similar clinically\naccepted, validated scale for burns.\nWeeFIM Instrument means the WeeFIM® Instrument published by\nthe Uniform Data System for Medical Rehabilitation.\n5 Blindness\nInjury Blindness\nCriteria Permanent blindness as evidenced by any of the following:\n(a) visual acuity on the Snellen Scale after correction by suitable\nlenses is less than 6/60 in both eyes;\n(b) field of vision is constricted to 10 degrees or less of arc around\ncentral fixation in the better eye, irrespective of corrected\nvisual acuity (equivalent to 1/100 white test object);\n(c) a combination of visual defects resulting in the same degree of\nvisual loss as that mentioned in paragraph (a) or (b).\n\nSchedule 2 Pricing of benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 20\nSchedule 2 Pricing of benefits for attendant care services\nregulation 4G\n1 Benefits paid directly to an injured person or to any other\nperson\nThe amount of benefits for attendant care services where benefits\nare paid directly to an injured person or to any other person (other\nthan an approved provider mentioned in clause 2 or 3) is $38.55 for\neach hour for which those services are provided.\n2 Benefits paid directly to an approved provider for services\nprovided in the Territory\n(1) This clause applies if:\n(a) benefits for attendant care services are being paid directly to\nan approved provider of attendant care services; and\n(b) the services are being provided in the Territory.\n(2) The amount of benefits is the lesser of the following:\n(a) the amount charged by the provider of the attendant care\nservices for the provision of services;\n(b) the amount for the provision of services determined using the\nrates in the Table to this subclause, increased (if applicable) in\naccordance with clause 4.\nType of service Hours during which\nservice performed\nRate per hour (unless\notherwise specified)\nexclusive of GST\nHousehold services All hours $41.72\nPersonal services\n(other than services\nprovided as part of\ninactive sleepover or\nnight monitoring)\nMonday to Friday\n6 am to 8 pm\nMonday to Friday\n8 pm to 12 am\nMonday to Friday\n12 am to 6 am\nSaturday (all hours)\nSunday (all hours)\n$41.72\n$45.63\n$49.33\n$57.35\n$57.35\n\nSchedule 2 Pricing of benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 21\nPublic Holidays (all\nhours)\n$88.66\nInactive sleepover or\novernight monitoring\n$167.91 per session\n(3) In this clause:\ninactive sleepover or overnight monitoring means an attendant\ncare service provider staying overnight at the same place as the\ninjured person, and includes up to 1 hour of assistance provided to\nthe injured person.\n3 Benefits paid directly to an approved provider for services\nprovided outside the Territory\n(1) This clause applies if:\n(a) benefits for attendant care services are paid directly to an\napproved provider of attendant care services; and\n(b) the services are provided in a State or another Territory.\n(2) The amount of benefits is the lesser of the following:\n(a) the amount charged by the provider of the attendant care\nservices for the provision of services;\n(b) the amount determined using the rates specified in the\n\"Support Clusters and Associated Pricing\" documents\n(published by the National Disability Insurance Agency) for\nprovision of comparable services:\n(i) in the State or Territory in which they are provided; or\n(ii) if a rate is not specified for that State or Territory – in\nNew South Wales.\n4 Benefits for attendant care services provided in certain\nregions\n(1) If attendant care services are provided to an approved provider in\nthe Territory in a remote region or very remote region, the amount\ndetermined under clause 2(2)(b) is increased by the following\npercentage:\n(a) for services provided in a remote region – 15%;\n(b) for services provided in a very remote region – 21%.\n\nSchedule 2 Pricing of benefits for attendant care services\nMotor Accidents (Compensation) Regulations 1984 22\n(2) In this clause:\nIndependent Hospital Pricing Authority means the Independent\nHospital Pricing Authority established under section 29 of the\nNational Health Reform Act 2011 (Cth).\nremote region means a region classified as remote in accordance\nwith the National Efficient Price Determination published by the\nIndependent Hospital Pricing Authority.\nvery remote region means a region classified as very remote in\naccordance with the National Efficient Price Determination\npublished by the Independent Hospital Pricing Authority.\n\nENDNOTES\nMotor Accidents (Compensation) Regulations 1984 23\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\n2 LIST OF LEGISLATION\nMotor Accidents (Compensation) Rates of Benefit Regulations (SL No. 38, 1984)\nNotified 29 June 1984\nCommenced 1 July 1984 (r 2, s 2 Motor Accidents (Compensation)\nAmendment Act (No. 2) 1984 (Act No. 8, 1984) and Gaz S34,\n29 June 1984)\nAmendments of the Motor Accidents (Compensation) Rates of Benefits Regulations\n(SL No. 37, 1986)\nNotified 1 October 1986\nCommenced 1 October 1986 (r 2, s 2 Motor Accidents (Compensation)\nAmendment Act 1986 (Act No. 32, 1986) and Gaz S70,\n1 October 1986, p 2)\nAmendments of the Motor Accidents (Compensation) Rates of Benefit Regulations\n(SL No. 29, 1989)\nNotified 8 November 1989\nCommenced 8 November 1989 (r 1, s 2 Motor Accidents (Compensation)\nAmendment Act (No.2) 1989 (Act No. 61, 1989) and Gaz\nG44, 8 November 1989, p 3)\nAmendments of the Motor Accidents (Compensation) Rates of Benefit Regulations\n(SL No. 67, 1992)\nNotified 11 November 1992\nCommenced 11 November 1992\nMotor Accident (Compensation) Rates of Benefit Amendment Regulations 2007\n(SL No. 13, 2007)\nNotified 23 May 2007\nCommenced 23 May 2007\n\nENDNOTES\nMotor Accidents (Compensation) Regulations 1984 24\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)\nMotor Accident (Compensation) Amendment Regulations 2014 (SL No. 19, 2014)\nNotified 1 July 2014\nCommenced 1 July 2014\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,\n19 December 2014, p 8); rem: 28 November 2014 (s 2)\nMotor Accident (Compensation) Amendment Regulations (No. 2) 2014 (SL No. 39, 2014)\nNotified 24 December 2014\nCommenced 24 December 2014\nTransport Legislation Amendment Act 2020 (Act No. 23, 2020)\nAssent date 10 July 2020\nCommenced 1 July 2021 (Gaz G23, 9 June 2021, p 1)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nr 11 Amendments of the Motor Accidents (Compensation) Rates of Benefit\nRegulations (SL No. 29, 1989)\n4 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: rr 1, 4A, 4K and 4M.\n5 LIST OF AMENDMENTS\nr 1 sub No. 13, 2007, r 3\namd No. 19, 2014, r 4\nr 2 sub No. 13, 2007, r 3\nr 3A ins No. 29, 1989, r 3\nrep No. 13, 2007, r 3\nr 3 amd No. 29, 1989, r 4\nrep No. 67, 1992\nins No. 13, 2007, r 3\n\nENDNOTES\nMotor Accidents (Compensation) Regulations 1984 25\nr 4 amd No. 29, 1989, r 5\nrep No. 67, 1992\nins No. 13, 2007, r 3\namd Act No. 35, 2010, s 49\nsub No. 19, 2014, r 5\namd Act No. 41, 2014, s 53\nr 4A ins No. 29, 1989, r 6\nrep No. 13, 2007, r 3\nins No. 19, 2014, r 5\namd Act No. 41, 2014, s 53\nr 4B ins No. 29, 1989, r 6\nrep No. 67, 1992\nins No. 19, 2014, r 5\nsub Act No. 23, 2020, s 76\nrr 4C – 4F ins No. 19, 2014, r 5\namd Act No. 41, 2014, s 53\nr 4G ins No. 19, 2014, r 5\nrr 4C – 4M ins No. 19, 2014 r 5\nr 4N ins No. 19, 2014, r 5\nrep No. 39, 2014, r 3\nr 5 sub No. 37, 1986, r 4\namd No. 29, 1989, r 7\nrep No. 67, 1992\nins No. 13, 2007, r 3\namd Act No. 35, 2010, s 49; Act No. 41, 2014, s 53\nr 6 rep No. 37, 1986, r 5\nins No. 13, 2007, r 3\namd Act No. 35, 2010, s 49Act No. 41, 2014, s 53\nr 7 amd No. 37, 1986, r 6; No. 29, 1989, r 8\nrep No. 67, 1992\nr 8 amd No. 37, 1986, r 7; No. 29, 1989, r 9\nrep No. 67, 1992\nr 9 amd No. 37, 1986, r 8; No. 29, 1989, r 10\nrep No. 67, 1992\nsch 1 – 2 ins No. 19, 2014, r 6","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations were originally made in 1984 but the current commencement date is 1 July 2021 (Reprint No. REPM022R1), indicating the regulations have been substantially amended or reprinted over nearly four decades. This suggests the scope and detail of the rules has evolved considerably from the original 1984 intent, likely expanding procedural requirements and adjusting compensation frameworks in response to policy and legislative changes."},"complexity_factors":["Operates as subordinate legislation requiring cross-reference to the parent Motor Accidents (Compensation) Act to fully understand scope","Involves an insurance/compensation scheme with technical eligibility and calculation rules","Has been in force since 1984 with multiple reprints, meaning layered amendments over decades may create inconsistencies or interpretive challenges","Administered by Department of Treasury and Finance rather than a purely legal body, adding administrative/financial complexity","Limited metadata provided makes it difficult to assess the full breadth of specific regulatory provisions"],"plain_english_summary":"## Motor Accidents (Compensation) Regulations 1984\n\nThese are regulations (detailed rules that sit underneath a main law) supporting the **Motor Accidents (Compensation) Act** in the Northern Territory. They set out the technical and procedural details for how compensation (financial payments) works when someone is injured or killed in a motor vehicle accident.\n\n**Who does this affect?**\n- Anyone injured in a motor vehicle accident in the NT\n- Family members of people killed in motor vehicle accidents\n- Vehicle owners and drivers in the NT\n- Insurance administrators and the Department of Treasury and Finance, which oversees the scheme\n\n**Why does it matter?**\nThe NT operates a **no-fault compensation scheme** for motor accident injuries — meaning you can claim compensation regardless of who caused the accident. These regulations provide the nuts and bolts of how that system works in practice, including things like claim procedures, payment amounts, and administrative requirements.\n\n**Key points:**\n- These regulations have been in force since **1 July 2021** (the current version)\n- They are managed by the **Department of Treasury and Finance**\n- They remain **currently active** law in the NT\n\nIn plain terms: if you're hurt in a car accident in the NT, these rules help determine how and what you get paid."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1984 regulations appear to have been relatively simple rates of benefit regulations (as indicated by the endnotes showing the original title was 'Motor Accidents (Compensation) Rates of Benefit Regulations'). The current version has expanded dramatically to cover: detailed medical eligibility criteria for attendant care (Schedule 1), complex pricing schedules (Schedule 2), alcohol exclusion rules, building alteration limitations, commutation rules for overseas residents, and unregistered vehicle definitions. The 2014 amendments (SL No. 19, 2014) appear to have been the major expansion point, inserting regulations 4A-4M and both schedules. The legislation has grown from simple benefit rates to a comprehensive administrative framework for catastrophic injury management."},"complexity_factors":["Extensive cross-referencing to the parent Act (Motor Accidents (Compensation) Act 1979) – most regulations open with 'For section X of the Act'","Multiple nested conditional structures (e.g., regulation 4E has subregulation (1) with criteria (a) and (b), where (b) branches to either (2) or (3), each with their own sub-criteria)","Heavy reliance on external medical assessment tools and standards (AMA Guides 6th Edition, ASIA Scale, ISNCSCI, ISAFSCI, FIM Guide, WeeFIM, Glasgow Coma Scale, Westmead PTA Scale, Greenwood Burns Scale) which are not defined within the regulations themselves","Complex age-banded criteria in Schedule 1 (different thresholds for under 3, 3-8, and 8+ years for brain injury and burns assessments)","Indexed monetary amounts requiring CPI calculations from a 2007 base date","Geographic pricing variations with remote/very remote loadings (Schedule 2, clause 4)","Multiple definitions sections that incorporate definitions from other legislation (Traffic Act 1987, Health Practitioner Regulation National Law, various Commonwealth vehicle standards acts)","Exceptional circumstances exceptions in regulations 4E and 4F allowing Commission discretion outside standard criteria"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how the Northern Territory's motor accident compensation scheme works in practice. They fill in the gaps left by the main Motor Accidents (Compensation) Act 1979, explaining exactly who qualifies for what benefits and how much they get.\n\n**Who it affects:**\n\n- **People injured in motor accidents** in the Northern Territory – drivers, passengers, pedestrians, cyclists\n- **The Motor Accidents Compensation Commission** – the government body that administers claims\n- **Medical specialists and health providers** – who assess injuries and provide treatment\n- **Approved care providers** – companies or individuals who provide attendant care services to injured people\n\n**Key things covered:**\n\n- **When you can be excluded from benefits:** If you were driving with a blood alcohol level of 0.08 or higher (the legal limit), you may lose your right to compensation or have it reduced.\n\n- **What counts as a serious injury:** The regulations list specific criteria for severe injuries like spinal cord damage, traumatic brain injury, amputations, major burns, and blindness. These use medical assessment tools (like the ASIA scale for spinal injuries or the Glasgow Coma Scale for brain injuries).\n\n- **Attendant care services:** Detailed rules for who qualifies for long-term or interim care help, including pricing schedules. Rates vary depending on whether care is provided during weekdays, weekends, public holidays, or as overnight \"sleepover\" care. Remote area loading applies (15% for remote, 21% for very remote regions).\n\n- **Medical and rehabilitation expenses:** The Commission must decide what's \"reasonable and necessary\" by looking at whether treatments will actually help, whether they're cost-effective, and whether the provider is qualified.\n\n- **Building modifications:** If you need your home altered for disability access (bathroom, bedroom, kitchen, entryways), the regulations cap what can be claimed and require approvals from owners/body corporates before work starts.\n\n- **Commutation (lump sum payouts):** Rules for when the Commission can pay out future benefits as a one-off lump sum instead of ongoing payments – either because the injured person asks for it, or because admin costs outweigh the benefit of small ongoing payments. There's a 6% discount rate applied to future payments, and a $1 million cap (indexed for inflation) if you're moving overseas.\n\n- **Unregistered vehicles:** Specific categories of vehicles that can't be registered (like old cars without compliance plates) are defined.\n\n**Why it matters:**\n\nThese regulations determine the practical reality for someone seriously injured in a car crash in the NT. They set the dollar amounts for care, define what counts as drunk driving for penalty purposes, and establish the medical thresholds that separate minor injuries from catastrophic ones. For someone with a spinal cord injury or severe brain damage, these rules decide whether they get funded care for life."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-compensation-regulations-1984","history":"/api/acts/motor-accidents-compensation-regulations-1984/history","analysis":"/api/acts/motor-accidents-compensation-regulations-1984/analysis","conflicts":"/api/acts/motor-accidents-compensation-regulations-1984/conflicts","importantCases":"/api/acts/motor-accidents-compensation-regulations-1984/important-cases","documents":"/api/acts/motor-accidents-compensation-regulations-1984/documents"}}