{"id":"personal-injuries-liabilities-and-damages-act-2003","name":"Personal Injuries (Liabilities and Damages) Act 2003","slug":"personal-injuries-liabilities-and-damages-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30384,"registerId":"nt-personal-injuries-liabilities-and-damages-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Personal Injuries (Liabilities and Damages) Act 2003","content":"NORTHERN TERRITORY OF AUSTRALIA\nPERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003\nAs in force at 25 March 2024\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Application of Act ............................................................................. 3\n5 Relationship with Compensation (Fatal Injuries) Act 1974 .............. 4\n6 Act binds Crown .............................................................................. 4\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\n7 Volunteers and community organisations ........................................ 4\n7A Donors of food and grocery products .............................................. 7\n8 Good Samaritans............................................................................. 8\n9 Occupier or owner of dwelling house or commercial premises ........ 9\n10 Criminal conduct of injured person .................................................. 9\nDivision 2 Expressions of regret\n11 Purpose of Division .......................................................................... 9\n12 Meaning of expression of regret .................................................... 10\n13 Expression of regret not admissible as evidence........................... 10\nPart 3 Contributory negligence\n14 Presumption if injured person intoxicated ...................................... 10\n15 Presumption if reliance on intoxicated person ............................... 10\n16 Evidentiary provisions .................................................................... 11\n17 Amount of reduction if contributory negligence established ........... 11\nPart 3A Institutional liability for child abuse\nDivision 1 Preliminary matters\n17A Definitions ...................................................................................... 12\n17B Application of Part ......................................................................... 12\n17C Meaning of individual associated with an institution ...................... 13\n\nPersonal Injuries (Liabilities and Damages) Act 2003 ii\nDivision 2 Liability of institutions\n17D Duty to prevent child abuse ........................................................... 13\n17E Liability of institutions for child abuse by individual associated\nwith institution ................................................................................ 14\n17F Liability of institutions for child abuse by another child under\ncare, supervision or authority of institution .................................... 15\nDivision 3 Vicarious liability of institutions for child\nabuse\n17G Vicarious liability of institutions for child abuse .............................. 17\nDivision 4 Nomination of proper respondent\n17H Nomination of proper respondent .................................................. 18\n17J Appointment of nominated proper respondent............................... 18\n17K Application to appoint institution's proper respondent.................... 19\n17L Appointment of proper respondent on application ......................... 21\n17M Decisions available to trustees when associated trust\nappointed as proper respondent .................................................... 22\n17N Corporations Act 2001 (Cth) displacement provision ..................... 22\nDivision 5 Continuity of institutions\n17P Successor institutions .................................................................... 23\nDivision 6 Proceedings against unincorporated\ninstitutions\n17Q Proceedings against unincorporated institutions ........................... 24\n17R Liability of office holder of unincorporated institution ..................... 24\nDivision 7 Court rules\n17S Court rules ..................................................................................... 26\nPart 4 Damages\nDivision 1 Preliminary\n18 Definitions ...................................................................................... 26\nDivision 2 General\n19 No award of aggravated or exemplary damages ........................... 27\nDivision 3 Pecuniary loss\n20 Damages for loss of earning capacity or financial support ............ 27\n\nPersonal Injuries (Liabilities and Damages) Act 2003 iii\n21 Future pecuniary loss .................................................................... 28\n22 Discount rate for future pecuniary loss .......................................... 28\n23 Gratuitous services ........................................................................ 28\nDivision 4 Non-pecuniary loss\n24 Purpose of Division ........................................................................ 30\n25 Damages other than for pecuniary loss ......................................... 30\n26 Assessment of degree of impairment ............................................ 30\n27 Damages for non-pecuniary loss ................................................... 31\nDivision 5 Interest\n29 No interest on particular damages ................................................. 32\n30 Calculation of interest payable on damages .................................. 32\nDivision 6 Orders for structured settlements\n31 Meaning of structured settlement .................................................. 33\n32 Court may make order for structured settlement ........................... 33\nPart 4A Damages awarded to offenders\nDivision 1 Preliminary matters\n32A Definitions ...................................................................................... 33\n32B Application of Part ......................................................................... 34\n32C Public entity defendant .................................................................. 35\n32D No effect on claim arising from child abuse ................................... 35\nDivision 2 Limit to damages\n32E Limit to liabilities for civil wrongs .................................................... 35\n32F No award of aggravated or exemplary damages ........................... 36\nDivision 3 Application of damages to certain payments\n32G Public entity defendant may withhold damages for specified\npayments ....................................................................................... 37\nDivision 4 Damages made available for victim payments\n32H Offender damages to be held on trust ........................................... 38\n32J Notification of money held on trust ................................................ 39\n32K Offender damages available for victim claims ............................... 40\n32L Interest of money held on trust ...................................................... 41\n32M Release of money held on trust ..................................................... 41\n32N Protection from liability .................................................................. 42\n\nPersonal Injuries (Liabilities and Damages) Act 2003 iv\nDivision 5 Extension of limitation period for victims\n32P Victim claims maintainable despite limitation period ...................... 42\nPart 5 Miscellaneous\n33 Regulations.................................................................................... 42\n34 Regulations may contain savings and transitional provisions ........ 43\nPart 6 Transitional matters for Personal Injuries\n(Liabilities and Damages) Act 2003\n35 Transitional provisions ................................................................... 43\nPart 7 Transitional matters for Personal Injuries\n(Liabilities and Damages) Amendment\nAct 2010\n36 Application of section 7A ............................................................... 44\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nPERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003\nAn Act to modify the law relating to the entitlement to damages for\npersonal injuries, to clarify principles of contributory negligence, to fix\nreasonable limits on certain awards of damages for personal injuries, to\nprovide for periodic payments of damages for personal injuries, to\nintroduce a scheme limiting payments to certain offenders, to clarify\nliability of institutions for child abuse, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Personal Injuries (Liabilities and\nDamages) Act 2003.\n2 Commencement\nThis Act comes into operation on the date, or respective dates,\nfixed by the Administrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nact includes omission.\nassociated trust, for Part 3A, see section 17K(4).\nchild means an individual who is under the age of 18 years.\nchild abuse means any of the following perpetrated against a child:\n(a) sexual abuse;\n(b) serious physical abuse;\n(c) psychological abuse that arises from abuse specified in\nparagraph (a) or (b) or both.\ncivil wrong, for Part 4A, see section 32A.\n\nPart 1 Preliminary\nPersonal Injuries (Liabilities and Damages) Act 2003 2\ncivil wrong settlement, for Part 4A, see section 32A.\nclaim means a claim for damages.\nclaimant means a person making a claim.\ncontract includes subcontract and any further contract made under\nthe subcontract.\ncourt means the court or tribunal in which a claim is made.\ndamages means damages for a personal injury.\ndelegation includes subdelegation and any further delegation\nmade under the subdelegation.\nincident means the incident, accident, circumstances or act alleged\nto have caused a personal injury.\nindividual associated with an institution, for Part 3A, see\nsection 17C.\ninjured person means a person who suffers a personal injury.\nintoxicated means under the influence of alcohol or a drug to the\nextent that the capacity to exercise proper care and skill is\nsignificantly impaired.\nmanagement member, for Part 3A, see section 17A.\noffender, for Part 4A, see section 32A.\npersonal injury includes:\n(a) a fatal injury;\n(b) a prenatal injury;\n(c) a psychological or psychiatric injury;\n(d) a disease; and\n(e) the aggravation, exacerbation or acceleration of a pre-existing\ninjury.\nproceeding means a proceeding in respect of a claim.\nproper respondent, for Part 3A, see section 17A.\npublic entity defendant, for Part 4A, see section 32C.\n\nPart 1 Preliminary\nPersonal Injuries (Liabilities and Damages) Act 2003 3\nPublic Trustee means the Public Trustee appointed under\nsection 8 of the Public Trustee Act 1979.\nrespondent means a person from whom a claimant seeks\ndamages.\nunincorporated institution, for Part 3A, see section 17A.\nvictim claim, for Part 4A, see section 32A.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) For subsection (1), definition child abuse, paragraph (b), conduct\nthat was lawful at the time it occurred is not child abuse.\n4 Application of Act\n(1) This Act, other than Part 4A, applies in relation to all civil claims for\ndamages for personal injuries, other than those excluded by virtue\nof this section, whether the claims arise under the common law or a\nstatute.\n(2) This Act, other than Part 4, Division 6 and Part 4A, applies only in\nrelation to a personal injury alleged to have been caused by an\nincident that occurs after the commencement of this Act.\n(3) The following claims are excluded from the application of this Act\nother than Part 4, Division 6:\n(a) a claim for benefits in respect of a death or an injury as a\nresult of an accident within the meaning of the Motor\nAccidents (Compensation) Act 1979;\n(b) a claim for compensation as defined in the Return to Work\nAct 1986;\n(c) a claim for damages for a personal injury that is a dust-related\ncondition;\n(e) a claim, in relation to the supply of certain goods, in relation to\nloss or damage in the nature of a personal injury that is\nmentioned in section 106, 107, 118, 127 or 136 of Schedule 2\nof the Competition and Consumer Act 2010 (Cth) applying as\na law of the Commonwealth or a State or Territory.\n(4) The Regulations may exclude a claim or class of claim from the\noperation of this Act or a provision of this Act other than Part 4,\nDivision 6.\n\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\nPersonal Injuries (Liabilities and Damages) Act 2003 4\n(5) In this section:\ndust-related condition means:\n(a) aluminosis, asbestosis, asbestos induced carcinoma,\nasbestos related pleural disease, bagassosis, berylliosis,\nbyssinosis, coal dust pneumoconiosis, farmer's lung, hard\nmetal pneumoconiosis, mesothelioma, silicosis,\nsilico-tuberculosis or talcosis; or\n(b) any other pathological condition of the lungs, pleura or\nperitoneum that is attributable to dust.\n5 Relationship with Compensation (Fatal Injuries) Act 1974\n(1) This Act does not limit the operation of the Compensation (Fatal\nInjuries) Act 1974.\n(2) If an action is brought under the Compensation (Fatal Injuries)\nAct 1974 in relation to a person's death:\n(a) that occurs after the commencement of this Act; and\n(b) that is caused by a negligent act,\nPart 4 of this Act applies in addition to, and not in derogation of,\nsection 10 of the Compensation (Fatal Injuries) Act 1974 in relation\nto the assessment of damages and the making of orders for the\npayment of damages.\n6 Act binds Crown\nThis Act binds the Crown in right of the Territory and, so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\n7 Volunteers and community organisations\n(1) A volunteer does not incur personal civil liability for a personal injury\ncaused by an act done in good faith and without recklessness while\ndoing community work for a community organisation.\n\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\nPersonal Injuries (Liabilities and Damages) Act 2003 5\n(2) Subsection (1) does not apply if the volunteer:\n(a) knew, or ought reasonably to have known, that he or she was\nacting outside the scope of his or her authority or contrary to\nthe instructions of the community organisation; or\n(b) did the act while intoxicated.\n(3) A community organisation:\n(a) incurs the civil liability that would, but for subsection (1), have\nbeen incurred by the volunteer doing work for that\norganisation; and\n(b) is liable for the personal injury caused by the act of the\nvolunteer as if the volunteer were an employee of the\ncommunity organisation.\n(4) Liability that would be incurred under subsection (3) by a\ncommunity organisation that is an Agency or department of the\nTerritory, if the Agency or department were a body corporate, is\nincurred by the Territory.\n(5) An agreement, undertaking or arrangement has no effect to the\nextent that it provides for a volunteer to give a community\norganisation an indemnity against, or to make a contribution to a\ncommunity organisation in relation to:\n(a) a liability the volunteer would incur but for subsection (1); and\n(b) a liability the community organisation incurs under\nsubsection (3).\n(6) If under this section a community organisation incurs civil liability for\na personal injury, a member of the organisation's management\ncommittee (however described) does not incur personal liability for\nthat injury.\n(7) In this section:\ncommunity organisation means a religious body, a body\ncorporate, or an Agency or department of the Territory, that\norganises, directs or supervises community work done by\nvolunteers.\n\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\nPersonal Injuries (Liabilities and Damages) Act 2003 6\ncommunity work:\n(a) means work done for any of the following purposes:\n(i) a religious, educational, charitable or benevolent\npurpose;\n(ii) the promotion or encouragement of literature, science or\nthe arts;\n(iii) the purposes of sport, recreation or amusement;\n(iv) the conservation or protection of the environment;\n(v) the establishment, operation or improvement of a\ncommunity, social or cultural centre;\n(vi) the promotion of the interests of a local community;\n(vii) a political purpose;\n(viii) any purpose prescribed by regulation; but\n(b) does not include work done under:\n(i) a community work order made under the Fines and\nPenalties (Recovery) Act 2001 or the Youth Justice\nAct 2005; or\n(ii) a community correction order or intensive community\ncorrection order made under the Sentencing Act 1995;\nor\n(iii) a community work order made under the Sentencing\nAct 1995 as in force before the commencement of Part 2\nof the Sentencing and Other Legislation Amendment\nAct 2022.\nvolunteer, in relation to a community organisation, means a person\ndoing community work for that organisation:\n(a) who receives no remuneration for doing that work other than:\n(i) remuneration that the person would receive whether or\nnot he or she did that work; or\n(ii) the reimbursement of reasonable expenses incurred by\nthe person in doing that work; or\n(b) who receives remuneration that does not exceed the amount,\nif any, prescribed by the Regulations.\n\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\nPersonal Injuries (Liabilities and Damages) Act 2003 7\n7A Donors of food and grocery products\n(1) A person who donates food or a grocery product (the donor) in the\ncircumstances specified in subsection (2) does not incur civil liability\nfor a personal injury caused by the consumption of the food or use\nof the grocery product.\n(2) The circumstances are:\n(a) that the donor donated the food or grocery product:\n(i) in good faith for a charitable or benevolent purpose; and\n(ii) with the intention that the consumer of the food or user\nof the grocery product would not have to pay for it; and\n(b) that the food was fit for human consumption, or the grocery\nproduct was safe to use, at the time it left the possession or\ncontrol of the donor; and\n(c) if the food or grocery product was of a nature that required it to\nbe handled in a particular way to ensure it remained fit for\nhuman consumption, or safe to use, after it left the possession\nor control of the donor – that the donor informed the person to\nwhom the donor gave the food or grocery product of those\nhandling requirements; and\n(d) if the food or grocery product remained fit for human\nconsumption, or safe to use, for only a limited time after it left\nthe possession or control of the donor – that the donor\ninformed the person to whom the donor gave the food or\ngrocery product of that time limit.\n(3) For subsection (2), food is safe for consumption at a particular time\nif, at that time, it is not unsafe or unsuitable within the meaning of\nsection 10 or 11 of the Food Act 2004.\n(4) In this section:\nfood, see section 7 of the Food Act 2004.\ngrocery product means any of the following:\n(a) a personal hygiene product;\n(b) a household cleaning product;\n(c) a medical product that may be sold or supplied without a\nwritten prescription authorising the sale or supply;\n\nPart 2 Liabilities for personal injuries\nDivision 1 Exclusions and indemnities\nPersonal Injuries (Liabilities and Damages) Act 2003 8\n(d) another product prescribed by regulation.\nperson who donates food or a grocery product does not include\na person who distributes food or a grocery product donated by\nanother person.\n8 Good Samaritans\n(1) A good Samaritan does not incur personal civil liability for a\npersonal injury caused by an act done in good faith and without\nrecklessness while giving emergency assistance to a person.\n(2) A good Samaritan with medical qualifications does not incur\npersonal civil liability for advice, given in good faith and without\nrecklessness, about the treatment of a person being given\nemergency medical assistance.\n(3) This section does not apply if the good Samaritan was intoxicated\nwhile giving the assistance or advice.\n(4) In this section:\nemergency assistance means:\n(a) emergency medical assistance; or\n(b) any other form of assistance to a person whose life or safety is\nendangered in a situation of emergency.\ngood Samaritan means:\n(a) a person who, acting without expectation of payment or other\nconsideration, comes to the aid of a person who is apparently\nin need of emergency assistance; or\n(b) a person with medical qualifications who, acting without\nexpectation of payment or other consideration, gives advice\nabout the treatment of a person who is apparently in need of\nemergency medical assistance.\nmedical qualifications means:\n(a) qualifications as a medical practitioner;\n(b) professional qualifications in a category of health care\nrecognised by statute; or\n(c) qualifications as an ambulance officer or in another\nrecognised paramedical capacity.\n\nPart 2 Liabilities for personal injuries\nDivision 2 Expressions of regret\nPersonal Injuries (Liabilities and Damages) Act 2003 9\n9 Occupier or owner of dwelling house or commercial premises\n(1) The occupier or owner of premises does not incur civil liability for a\npersonal injury to a person who:\n(a) is entering or has entered the premises; and\n(b) has the intention of committing, is committing or has\ncommitted on those premises an offence punishable by\nimprisonment.\n(2) In this section:\noccupier means a person occupying or having control of the\npremises.\n10 Criminal conduct of injured person\n(1) A person does not incur civil liability for a personal injury if the court\nis satisfied on the balance of probabilities:\n(a) that the injury occurred while the injured person was engaged\nin conduct constituting an offence punishable by\nimprisonment; and\n(b) that the injured person's conduct contributed materially to the\nrisk of that injury.\n(2) Subsection (1) does not apply if the court is satisfied:\n(a) that the circumstances of the particular case are exceptional;\nand\n(b) that to exclude liability in the circumstances of that particular\ncase would be harsh and unjust.\nDivision 2 Expressions of regret\n11 Purpose of Division\nThe purpose of this Division is to enable a person to express regret\nabout an incident that may have caused a personal injury without\nbeing concerned that the expression of regret may be construed or\nused in a proceeding as an admission of liability or negligence.\n\nPart 3 Contributory negligence\nPersonal Injuries (Liabilities and Damages) Act 2003 10\n12 Meaning of expression of regret\nAn expression of regret is an oral or written statement by a person:\n(a) that expresses regret for an incident that is alleged to have\ncaused a personal injury; and\n(b) that does not contain an acknowledgement of fault by that\nperson.\n13 Expression of regret not admissible as evidence\nAn expression of regret about a personal injury made at any time\nbefore the commencement of a proceeding in respect of that injury\nis not admissible as evidence in that proceeding.\nPart 3 Contributory negligence\n14 Presumption if injured person intoxicated\n(1) In a proceeding, there is a presumption of contributory negligence\nif:\n(a) the injured person was intoxicated at the time of the incident\nalleged to have caused the personal injury to which the\nproceeding relates; and\n(b) the respondent alleges contributory negligence.\n(2) The presumption of contributory negligence is rebutted if the\nclaimant establishes on the balance of probabilities that the injured\nperson's intoxication:\n(a) did not materially contribute to the incident; or\n(b) was involuntary.\n15 Presumption if reliance on intoxicated person\n(1) In a proceeding, there is a presumption of contributory negligence\nif:\n(a) at the time of the incident alleged to have caused the personal\ninjury to which the proceeding relates, the injured person:\n(i) had attained 16 years of age;\n(ii) relied on the care and skill of another person who was\nintoxicated; and\n\nPart 3 Contributory negligence\nPersonal Injuries (Liabilities and Damages) Act 2003 11\n(iii) was aware, or ought to have been aware, that the other\nperson was intoxicated;\n(b) the injury was caused by the negligence of the other person;\nand\n(c) the respondent alleges the contributory negligence of the\ninjured person.\n(2) The presumption of contributory negligence is rebutted only if the\nclaimant establishes on the balance of probabilities:\n(a) that the other person's intoxication did not materially\ncontribute to the incident; or\n(b) that the injured person could not reasonably be expected to\nhave avoided the risk that caused the injury.\n16 Evidentiary provisions\nIf a Court finds that at or about the time of an incident a person had:\n(a) in his or her breath a concentration of 0.08 or more grams of\nalcohol in 210 litres of exhaled breath; or\n(b) in his or her blood a concentration of 0.08 or more grams of\nalcohol in 100 millilitres of blood;\nthat finding is to be accepted for the purposes of this Division as\nconclusive evidence of those facts and that the person was\nintoxicated at the time of the incident.\n17 Amount of reduction if contributory negligence established\nIf contributory negligence is established under this Division, the\ncourt must assess damages on the basis that the damages to\nwhich the claimant would be entitled in the absence of contributory\nnegligence are to be reduced, because of contributory negligence,\nby 25% or a greater percentage determined by the court to be\nappropriate in the circumstances.\n\nPart 3A Institutional liability for child abuse\nDivision 1 Preliminary matters\nPersonal Injuries (Liabilities and Damages) Act 2003 12\nPart 3A Institutional liability for child abuse\nDivision 1 Preliminary matters\n17A Definitions\nIn this Part:\nmanagement member of an institution means:\n(a) a member of any management committee of the institution; or\n(b) if the institution does not have a management committee – a\nperson who is concerned with, or takes part in, the\nmanagement of the institution, regardless of the person's title\nor position.\nproper respondent means an institution appointed as the proper\nrespondent in a proceeding by a court under section 17J(1)\nor 17L(1).\nunincorporated institution means an institution that is not\nincorporated.\nExample for definition unincorporated institution\nAn unincorporated association providing community services that has a name,\nABN, membership and constitutional arrangement for meetings of members and\nappointment of officers.\n17B Application of Part\n(1) This Part applies to the following institutions while exercising care,\nsupervision or authority over a child:\n(a) a body;\n(b) an entity;\n(c) a body corporate;\n(d) a group of persons;\n(e) an association;\n(f) an organisation.\n(2) An institution does not include a family or an individual.\n\nPart 3A Institutional liability for child abuse\nDivision 2 Liability of institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 13\n(3) This Part applies to an institution whether it is incorporated or not\nincorporated.\n(4) For this Part, it is not necessary for an institution to have:\n(a) a written constitution or fixed membership; or\n(b) any prescribed attribute.\n(5) Despite section 4(2), this Division and Divisions 4, 5 and 6 apply in\nrelation to a cause of action whether it arose before or after the\ncommencement of this Part.\n17C Meaning of individual associated with an institution\n(1) An individual associated with an institution includes:\n(a) an office holder, officer, owner, trustee, employee, volunteer\nor contractor of the institution; and\n(b) if the institution is a religious institution – a religious leader or\na member of the religious institution; and\n(c) if the institution by any arrangement, contract or delegation\nmade another institution responsible for exercising care,\nsupervision or authority over a child – an individual specified in\nparagraph (a) or (b) in relation to that other institution; and\n(d) if the institution by any arrangement, contract or delegation\nmade an individual responsible for exercising care,\nsupervision or authority over a child – that individual; and\n(e) any other prescribed individual.\n(2) Despite subsection (1), an individual is not an individual associated\nwith an institution solely because the institution wholly or partly\nfunds or regulates another institution that the individual is\nassociated with.\nDivision 2 Liability of institutions\n17D Duty to prevent child abuse\n(1) An institution exercising care, supervision or authority over a child\nhas a duty to take all reasonable steps to prevent child abuse of the\nchild by any individual associated with the institution while the child\nis under the care, supervision or authority of the institution.\n\nPart 3A Institutional liability for child abuse\nDivision 2 Liability of institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 14\n(2) An institution exercising care, supervision or authority over a child\nhas a duty to take all reasonable steps to prevent child abuse of the\nchild by another child in the care or under the supervision or\nauthority of the institution while the children are under the care,\nsupervision or authority of the institution.\n17E Liability of institutions for child abuse by individual associated\nwith institution\n(1) This section applies to a proceeding against an institution for\npersonal injury to an individual arising from child abuse of the\nindividual.\n(2) If the plaintiff proves on the balance of probabilities an individual\nassociated with the institution perpetrated the child abuse while the\nindividual abused was under the care, supervision or authority of\nthe institution, the institution is taken to have breached the duty of\ncare under section 17D(1), unless the institution proves on the\nbalance of probabilities that it took all reasonable steps to prevent\nthe child abuse.\n(3) In determining whether an institution took all reasonable steps to\nprevent child abuse, a court may take into account the following:\n(a) the nature of the institution;\n(b) the size and organisational capacity of the institution;\n(c) the resources reasonably available to the institution to prevent\nchild abuse;\n(d) the relationship between the institution and the child;\n(e) the role in the institution of the individual associated with the\ninstitution who perpetrated the child abuse;\n(f) whether the institution placed the individual associated with\nthe institution who perpetrated the child abuse in a position or\nsituation where that individual had:\n(i) authority, power or control over the child; or\n(ii) the trust of the child; or\n(iii) the ability to achieve intimacy with the child;\n(g) whether the institution delegated the care, supervision or\nauthority over the child to another institution or person;\n\nPart 3A Institutional liability for child abuse\nDivision 2 Liability of institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 15\n(h) whether the institution knew or ought to have known of the\nchild abuse by the individual associated with the institution;\n(i) the level of control the institution had over the individual\nassociated with the institution who perpetrated the child abuse\nat the time the child abuse occurred;\n(j) whether the institution complied with any standards applicable\nto child safety at the time the child abuse occurred;\n(k) any other matter prescribed by regulation;\n(l) any other matter the court considers relevant.\n(4) In a proceeding against 2 or more institutions subsection (2) applies\nto each institution equally.\n(5) If a court awards damages to an individual in respect of liability of\nan institution that is established in accordance with this section, the\ncourt must take into account any award of damages to the\nindividual in respect of liability of the institution established in\naccordance with section 17G in determining the amount of\ndamages the court awards for liability established under this\nsection.\n17F Liability of institutions for child abuse by another child under\ncare, supervision or authority of institution\n(1) This section applies to a proceeding against an institution for\npersonal injury to an individual arising from child abuse of the\nindividual.\n(2) If the plaintiff proves on the balance of probabilities that another\nchild in the care or under the supervision or authority of the\ninstitution perpetrated the child abuse while the individual abused\nwas under the care, supervision or authority of the institution, the\ninstitution is taken to have breached the duty of care under\nsection 17D(2), unless the institution proves on the balance of\nprobabilities that it took all reasonable steps to prevent the child\nabuse.\n(3) In determining whether an institution took all reasonable steps to\nprevent child abuse by another child (the second child) in the care\nor under the supervision or authority of the institution, a court may\ntake into account the following:\n(a) the nature of the institution;\n(b) the size and organisational capacity of the institution;\n\nPart 3A Institutional liability for child abuse\nDivision 2 Liability of institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 16\n(c) the resources reasonably available to the institution to prevent\nchild abuse;\n(d) the relationship between the institution and the child;\n(e) whether the institution delegated the care, supervision or\nauthority over the child to another institution or person;\n(f) whether the institution knew or ought to have known of the\nperpetration of child abuse by the second child;\n(g) the level of control the institution had over the second child at\nthe time the child abuse occurred;\n(h) whether the institution took steps to identify and manage the\nrisk of a child who is subject to child abuse, as a result of that\nchild abuse, abusing other children in the care or under the\nsupervision or authority of the institution;\n(i) whether the institution complied with any standards applicable\nto child safety at the time the child abuse occurred;\n(j) any other matter prescribed by regulation;\n(k) any other matter the court considers relevant.\n(4) In a proceeding against 2 or more institutions subsection (2) applies\nto each institution equally.\n(5) In a proceeding referred to in subsection (2):\n(a) the second child that perpetrated the child abuse must not be\nnamed in any pleadings; and\n(b) if the second child that perpetrated the child abuse gives\nevidence – the court must be closed to the public while the\nevidence is given.\n(6) Despite subsection (5)(b), the court may grant leave for a person to\nattend the proceedings.\n(7) If a court awards damages to an individual in respect of liability of\nan institution that is established in accordance with this section, the\ncourt must take into account any award of damages to the\nindividual in respect of liability of the institution established in\naccordance with section 17G in determining the amount of\ndamages the court awards for liability established under this\nsection.\n\nPart 3A Institutional liability for child abuse\nDivision 3 Vicarious liability of institutions for child abuse\nPersonal Injuries (Liabilities and Damages) Act 2003 17\nDivision 3 Vicarious liability of institutions for child abuse\n17G Vicarious liability of institutions for child abuse\n(1) An institution is vicariously liable for personal injury arising from\nchild abuse perpetrated by an employee of the institution or an\nindividual akin to an employee if:\n(a) the institution places the employee or individual akin to an\nemployee in a position or situation that gives occasion for child\nabuse of the child; and\n(b) the employee or individual akin to an employee uses that\noccasion to perpetrate child abuse of the child.\n(2) In determining whether the institution placed the employee or\nindividual akin to an employee in a position or situation that gives\noccasion for the child abuse of the child, a court must take into\naccount whether the institution placed the employee or individual\nakin to an employee in a position or situation where the employee\nor individual akin to an employee has:\n(a) authority, power or control over the child; or\n(b) the trust of the child; or\n(c) the ability to achieve intimacy with the child.\n(3) This section does not affect, and is in addition to, the law of the\nTerritory with respect to vicarious liability.\n(4) If a court awards damages to an individual in respect of liability of\nan institution that is established in accordance with this section, the\ncourt must take into account any award of damages to the\nindividual in respect of liability of the institution established in\naccordance with section 17E or 17F in determining the amount of\ndamages the court awards for liability established under this\nsection.\n\nPart 3A Institutional liability for child abuse\nDivision 4 Nomination of proper respondent\nPersonal Injuries (Liabilities and Damages) Act 2003 18\n(5) In this section:\nindividual akin to an employee, in relation to an institution, is an\nindividual who:\n(a) carries out an activity (whether a series of activities or a single\nact) that enables the institution to perform its functions, except\nfor an activity:\n(i) in accordance with a placement arrangement under\nsection 78 of the Care and Protection of Children\nAct 2007 in respect of a child; or\n(ii) carried out under a contract for services by an individual\nor corporation that is independent from the\ninstitution; and\n(b) carries out that activity with the intention to benefit the\ninstitution.\nDivision 4 Nomination of proper respondent\n17H Nomination of proper respondent\n(1) An institution that is a respondent in a proceeding for personal\ninjury to an individual arising from child abuse of the individual may\nnominate another person or entity as the proper respondent in the\nproceeding.\n(2) A person or entity may be nominated as the proper respondent if\nthe person or entity:\n(a) has the financial capacity to pay the amount of damages that\ncould reasonably be expected to be awarded if the proceeding\nwere successful; and\n(b) has the financial capacity to pay the amount of legal costs that\ncould reasonably be expected to be awarded against the\nperson or entity if the proceeding were successful; and\n(c) consents to the nomination as the proper respondent; and\n(d) is capable of being sued.\n17J Appointment of nominated proper respondent\n(1) If a court is satisfied of the matters specified in section 17H(2), the\ncourt must appoint the nominated person or entity as the proper\nrespondent in the proceeding.\n\nPart 3A Institutional liability for child abuse\nDivision 4 Nomination of proper respondent\nPersonal Injuries (Liabilities and Damages) Act 2003 19\n(2) A proper respondent appointed under subsection (1):\n(a) assumes any liability of the institution against which the claim\nis brought for the personal injury of the claimant arising from\nchild abuse of the claimant; and\n(b) is joined as respondent in the proceeding; and\n(c) for the purposes of conducting the proceeding is:\n(i) taken to be the institution against which the claim is\nbrought; and\n(ii) responsible for conducting the proceeding as\nrespondent; and\n(iii) taken to have done any act by the institution against\nwhich the claim is brought; and\n(d) has any duty or obligation that the institution against which the\nclaim is brought has in relation to the proceeding; and\n(e) without limiting paragraph (a), assumes any liability of the\ninstitution against which the claim is brought that arises from\nthe proceeding (including for costs, charges and\nexpenses); and\n(f) may rely on any defence or immunity available to the\ninstitution against which the claim is brought in respect of the\nclaim; and\n(g) has any right the institution against which the claim is brought\nhas to be indemnified in respect of the claim.\n(3) Despite subsection (2)(c), nothing in this section prevents the court\nmaking any order, direction or finding solely in respect of the\ninstitution against which the claim is brought.\n17K Application to appoint institution's proper respondent\n(1) A claimant in a proceeding against an institution for personal injury\nof the claimant arising from child abuse of the claimant may apply\nto the court for the court to appoint an associated trust of the\ninstitution as the proper respondent in the proceeding if:\n(a) the institution:\n(i) did not nominate another person or entity as the proper\nrespondent in the proceeding; or\n\nPart 3A Institutional liability for child abuse\nDivision 4 Nomination of proper respondent\nPersonal Injuries (Liabilities and Damages) Act 2003 20\n(ii) nominated another person or entity as the proper\nrespondent in the proceeding and that person or entity\nwas not appointed by the court as the proper respondent\nin the proceeding; and\n(b) at least 120 days from the day the proceeding was\ncommenced have passed.\n(2) An associated trust may be appointed as the proper respondent if\nthe associated trust:\n(a) has the financial capacity to pay the amount of damages that\ncould reasonably be expected to be awarded if the proceeding\nwere successful; and\n(b) has the financial capacity to pay the amount of legal costs that\ncould reasonably be expected to be awarded against the\nperson or entity if the proceeding were successful; and\n(c) is capable of being sued.\n(3) Within 28 days from the day the application is made under\nsubsection (1), the institution must identify for the court all\nassociated trusts of the institution (if any) and provide information\nregarding the financial capacity of those associated trusts.\n(4) A trust is an associated trust of an institution in any of the\nfollowing circumstances:\n(a) the institution has, either directly or indirectly, the power to\ncontrol the application of the income, or the distribution of the\nproperty, of the trust;\n(b) the institution has the power to obtain the beneficial enjoyment\nof the property or income of the trust, with or without the\nconsent of another entity;\n(c) the institution has, either directly or indirectly, the power to\nappoint or remove the trustee or trustees of the trust;\n(d) the institution has, either directly or indirectly, the power to\nappoint or remove beneficiaries of the trust;\n(e) the trustee of the trust is accustomed or under an obligation,\nwhether formal or informal, to act according to the directions,\ninstructions or wishes of the institution;\n\nPart 3A Institutional liability for child abuse\nDivision 4 Nomination of proper respondent\nPersonal Injuries (Liabilities and Damages) Act 2003 21\n(f) the institution has, either directly or indirectly, the power to\ndetermine the outcome of any other decisions about the trust's\noperations;\n(g) a member of the institution or a management member of the\ninstitution has, under the trust deed applicable to the trust, a\npower of a kind referred to in paragraph (a), (b), (c), (d) or (f).\n17L Appointment of proper respondent on application\n(1) If a court is satisfied of the matters specified in section 17K(2), the\ncourt must appoint the associated trust as the proper respondent in\nthe proceeding.\n(2) A proper respondent appointed under subsection (1):\n(a) assumes any liability of the institution against which the claim\nis brought for the personal injury of the claimant arising from\nchild abuse of the claimant; and\n(b) is joined as respondent in the proceeding; and\n(c) for the purposes of conducting the proceeding is:\n(i) taken to be the institution against which the claim is\nbrought; and\n(ii) responsible for conducting the proceeding as\nrespondent; and\n(iii) taken to have done any act by the institution against\nwhich the claim is brought; and\n(d) has any duty or obligation that the institution against which the\nclaim is brought has in relation to the proceeding; and\n(e) without limiting paragraph (a), assumes any liability of the\ninstitution against which the claim is brought that arises from\nthe proceeding (including for costs, charges and\nexpenses); and\n(f) may rely on any defence or immunity available to the\ninstitution against which the claim is brought in respect of the\nclaim; and\n(g) has any right the institution against which the claim is brought\nhas to be indemnified in respect of the claim.\n\nPart 3A Institutional liability for child abuse\nDivision 4 Nomination of proper respondent\nPersonal Injuries (Liabilities and Damages) Act 2003 22\n(3) Despite subsection (2)(c), nothing in this section prevents the court\nmaking any order, direction or finding solely in respect of the\ninstitution against which the claim is brought.\n17M Decisions available to trustees when associated trust\nappointed as proper respondent\n(1) Despite any other law of the Territory or other instrument (including\nany trust deed), the trustee of a trust that is a proper respondent or\nis to be appointed as a proper respondent may do any of the\nfollowing in a proceeding, or as a result of a proceeding, under this\nPart:\n(a) consent to a nomination as a proper respondent;\n(b) provide any information in relation to the trust that is relevant\nto the operation of this Division;\n(c) apply any trust property to satisfy any liability incurred in the\nproceeding, or as a result of the proceeding, because of being\nappointed as a proper respondent under this Part.\n(2) The satisfaction of any liability of a trust that is incurred in the\nproceeding, or as a result of the proceeding, because of being\nappointed as a proper respondent under this Part is an expense for\nwhich the trustee may be indemnified out of the trust property,\nirrespective of any limitation on any right of indemnity a trustee may\nhave.\n(3) Any liability of a trust that is a proper respondent is limited to the\nvalue of the trust property.\n(4) A trustee of a trust that is a proper respondent is not liable for a\nbreach of trust solely because of doing anything authorised by this\nsection.\n17N Corporations Act 2001 (Cth) displacement provision\nSection 17M is declared to be a Corporations legislation\ndisplacement provision for the purpose of section 5G of the\nCorporations Act 2001 (Cth) in relation to the Corporations\nlegislation.\nNote for section 17N\nSection 5G of the Corporations Act 2001 (Cth) allows a provision of a State or\nTerritory Act to displace the operation of the provisions of the Corporations\nlegislation of the Commonwealth if it is declared a Corporations legislation\ndisplacement provision. The declaration allows a State or Territory provision that\nwould otherwise be inconsistent to have effect to the extent of the inconsistency.\n\nPart 3A Institutional liability for child abuse\nDivision 5 Continuity of institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 23\nDivision 5 Continuity of institutions\n17P Successor institutions\n(1) This section applies to a claim that:\n(a) an individual has against an institution, or had against an\ninstitution that no longer exists, for personal injury to the\nindividual arising from child abuse of the individual; and\n(b) the institution (the former institution) was succeeded by\nanother institution (the successor institution).\n(2) A successor institution assumes the liability of the former institution\nfor the claim if the successor institution is substantially the same as\nthe former institution.\n(3) Without limiting subsection (2), a successor institution is\nsubstantially the same as the former institution in the following\ncircumstances:\n(a) the former institution or part of the former institution merged\ninto the successor institution;\n(b) the former institution or part of the former institution merged\nwith one or more other institutions to form the successor\ninstitution;\n(c) the successor institution is the remainder of the former\ninstitution after the former institution ceased to include another\npart of the former institution;\n(d) if there is more than one other institution interposed in the\nrelationship between the former institution and the successor\ninstitution by any of the circumstances of succession specified\nin paragraphs (a), (b) and (c) – at least one of the\ncircumstances specified in any of those paragraphs applies to\neach interposing institution and the institution it succeeds.\n(4) For the purposes of subsection (2), the following are not relevant to\nwhether an institution is a successor institution to a former\ninstitution:\n(a) whether the name of the former institution changed;\n(b) whether the organisational structure of the former institution\nchanged;\n\nPart 3A Institutional liability for child abuse\nDivision 6 Proceedings against unincorporated institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 24\n(c) whether the former institution was not incorporated and\nbecame incorporated;\n(d) whether the geographic area where members of the former\ninstitution carried out the purposes or work of the former\ninstitution changed.\nDivision 6 Proceedings against unincorporated institutions\n17Q Proceedings against unincorporated institutions\n(1) Without limiting Division 4, a proceeding for personal injury to an\nindividual arising from child abuse of the individual may be\ncommenced or continued against an unincorporated institution in\nthe name of the institution as if the institution were a legal person\ncapable of being sued.\n(2) For the purposes of this Part, a function that may be exercised by\nan unincorporated institution may be exercised by a management\nmember of the institution.\n(3) A court may make any orders, directions and findings in relation to\nan unincorporated institution against which a proceeding is\ncommenced under this section as if the unincorporated association\nwere a person.\n(4) A court may make any orders and directions the court considers\nnecessary for the purposes of this section, including directing any\nmanagement member of an unincorporated institution to exercise a\nspecified function of the institution.\n17R Liability of office holder of unincorporated institution\n(1) This section applies to a claimant if:\n(a) the claimant was subject to child abuse by an individual\nassociated with an institution while the claimant was a child\nunder the care, supervision or authority of the institution; and\n(b) the claimant has or had an accrued cause of action for\npersonal injury arising from the child abuse against a person\nwho held office as a management member of the institution at\nthe time the cause of action accrued (the former office\nholder); and\n(c) at the time of the accrual of the cause of action against the\nformer office holder the institution was not incorporated; and\n(d) the institution is not incorporated; and\n\nPart 3A Institutional liability for child abuse\nDivision 6 Proceedings against unincorporated institutions\nPersonal Injuries (Liabilities and Damages) Act 2003 25\n(e) the former office holder no longer holds office as a\nmanagement member of the institution; and\n(f) the claimant would be able to maintain an action on the cause\nof action if the former office holder continued to hold office.\n(2) A proceeding for the claimant's cause of action for personal injury\narising from the child abuse of the claimant by the individual\nassociated with the institution may be commenced or continued\nagainst a current office holder in the name of the office of the\nformer office holder.\n(3) In a proceeding commenced or continued under subsection (2):\n(a) any liability of a former office holder of the institution in relation\nto the child abuse of the child is taken to be liability of a\ncurrent office holder; and\n(b) any act of a former office holder of the institution in relation to\nthe child abuse of the child is taken to be an act of the current\noffice holder; and\n(c) any duty or obligation of a former office holder of the institution\nin respect of the child abuse of the child is taken to be a duty\nor obligation of the current office holder, exercised by the\ncurrent officer holder at all times; and\n(d) any duty or obligation that a former office holder of the\ninstitution would have in relation to the proceeding, if it were\ncommenced at the time of the former office holder holding\noffice, is taken to be a duty or obligation (as the case requires)\nof the current office holder, exercised by the current officer\nholder at all times during proceedings; and\n(e) any right of a former office holder of the institution to be\nindemnified in respect of damages extends to the current\noffice holder; and\n(f) the current office holder may rely on any defence or immunity\nthat would have been available to a former office holder of the\ninstitution in a proceeding commenced at the time of the\nformer office holder holding office.\n(4) If an institution does not have an equivalent office to the office of\nthe former office holder, the head of the institution (however\ndescribed) is taken to be the former office holder for the purposes\nof this section and in this section any reference to the former office\nholder includes the head of the institution.\n\nPart 4 Damages\nDivision 1 Preliminary\nPersonal Injuries (Liabilities and Damages) Act 2003 26\n(5) In this section:\ncurrent office holder, in relation to an institution, means a person\nwho holds office as a management member of the institution.\nDivision 7 Court rules\n17S Court rules\n(1) Without limiting section 71 of the Supreme Court Act 1979, the\nSupreme Court may make rules and practice directions in respect\nof any of the following:\n(a) the practice and procedure of the Supreme Court under this\nPart;\n(b) any other matter under this Part.\n(2) Without limiting section 48 of the Local Court Act 2015, the Local\nCourt may make rules and practice directions in respect of any of\nthe following:\n(a) the practice and procedure of the Local Court under this Part;\n(b) any other matter under this Part.\nPart 4 Damages\nDivision 1 Preliminary\n18 Definitions\nIn this Part, unless the contrary intention appears:\nattendant care services means any of the following that are\nrequired for the essential and regular care of an injured person:\n(a) services of a domestic nature;\n(b) services relating to nursing;\n(c) services that aim to alleviate the consequences of a personal\ninjury.\naverage weekly earnings means the Average Weekly Earnings for\nFull Time Adult Persons, Weekly Ordinary Time Earnings for the\nNorthern Territory as estimated and published by the Australian\nStatistician.\n\nPart 4 Damages\nDivision 3 Pecuniary loss\nPersonal Injuries (Liabilities and Damages) Act 2003 27\ngratuitous services means attendant care services provided, or to\nbe provided, to an injured person and for which payment is not\nrequired.\nimpairment means a loss, loss of use or derangement of any body\npart, organ system or organ function, or a combination of those\nimpairments, but does not include a psychological or psychiatric\ninjury prescribed by the Regulations.\nnon-pecuniary loss means permanent impairment suffered as a\nconsequence of a personal injury.\npermanent impairment means impairment that is assessed to be\npermanent impairment in accordance with the prescribed guides.\nprescribed guides means:\n(a) the guides prescribed by the Regulations; or\n(b) if no guides are prescribed by the Regulations – the American\nMedical Association Guides to the Evaluation of Permanent\nImpairment (as modified by any regulation) as published from\ntime to time.\nDivision 2 General\n19 No award of aggravated or exemplary damages\nA court must not award aggravated damages or exemplary\ndamages in respect of a personal injury.\nDivision 3 Pecuniary loss\n20 Damages for loss of earning capacity or financial support\nIn assessing damages to be awarded for:\n(a) past pecuniary loss due to loss of earnings or the deprivation\nor impairment of earning capacity;\n(b) future pecuniary loss due to the deprivation or impairment of\nearning capacity; or\n(c) the loss of expectation of financial support,\na court must disregard the amount (if any) by which the injured\nperson's gross weekly earnings would, but for the personal injury,\nhave exceeded an amount that is 3 times average weekly earnings\nas published before 1 January preceding the date on which the\nassessment is made.\n\nPart 4 Damages\nDivision 3 Pecuniary loss\nPersonal Injuries (Liabilities and Damages) Act 2003 28\n21 Future pecuniary loss\n(1) A court may award damages for future pecuniary loss only if\nsatisfied by the claimant that the assumptions about the injured\nperson's future earning capacity, or the occurrence of other events\non which the award is to be based, accord with the injured person's\nmost likely future circumstances had the personal injury not\noccurred.\n(2) If a court is satisfied under subsection (1) about the claimant's\nassumptions, it must adjust the amount of damages for future\npecuniary loss (as assessed on those assumptions) by reference to\nthe percentage possibility that the events might have occurred\nregardless of the personal injury.\n(3) In awarding damages for future pecuniary loss, the court must state\nthe assumptions on which the award is based and the relevant\npercentage by which damages have been adjusted.\n22 Discount rate for future pecuniary loss\n(1) If a court awards damages that include a lump-sum component for\nfuture pecuniary loss, the amount of that component is to be\nassessed in accordance with discounted present values.\n(2) In this section:\ndiscounted present values means the calculation at the\nprescribed discount rate of the present value of the future pecuniary\nloss by the use of an actuarial multiplier.\nprescribed discount rate means:\n(a) the discount rate, expressed as a percentage, prescribed by\nthe Regulations; or\n(b) if no discount rate is prescribed by the Regulations – the\ndiscount rate of 5%.\n23 Gratuitous services\n(1) A court may award damages for the provision of gratuitous services\nonly if the court is satisfied:\n(a) that there is or was a reasonable need for the services;\n(b) that the need for the services is or was solely because of the\npersonal injury to which the damages relate; and\n\nPart 4 Damages\nDivision 3 Pecuniary loss\nPersonal Injuries (Liabilities and Damages) Act 2003 29\n(c) that the services would not be provided, or would not have\nbeen provided, but for the personal injury to which the\ndamages relate.\n(2) A court may award damages for gratuitous services only if the\nservices are provided or are to be provided:\n(a) for 6 hours or more per week; and\n(b) for 6 months or more.\n(3) If gratuitous services are provided or are to be provided for 40 or\nmore hours per week, damages for the provision of those services\nare not to exceed average weekly earnings:\n(a) in respect of the whole or part of a quarter occurring between\nthe date of the personal injury and the date of the award – for\nthat quarter; or\n(b) in respect of the whole or part of any other quarter – for the\nmost recent quarter occurring before the date of the award for\nwhich average weekly earnings have been published.\n(4) If gratuitous services are provided or are to be provided for less\nthan 40 hours per week, damages for the provision of those\nservices are not to exceed the amount calculated at an hourly rate\nof one-fortieth of the amount assessed in accordance with\nsubsection (3)(a) or (b), as applicable.\n(5) In assessing damages for the provision of gratuitous services, the\ncourt must take into account:\n(a) any offsetting benefit the service provider obtains as a result\nof providing the services; and\n(b) periods for which the injured person has not required or is not\nlikely to require the services because the injured person has\nbeen or is likely to be cared for in a hospital or other\ninstitution.\n(6) This section does not affect any other law relating to the value of\nattendant care services except as provided by this section.\n\nPart 4 Damages\nDivision 4 Non-pecuniary loss\nPersonal Injuries (Liabilities and Damages) Act 2003 30\nDivision 4 Non-pecuniary loss\n24 Purpose of Division\nThe purpose of this Division is:\n(a) to abolish common law principles relating to the assessment\nand awarding of damages for pain and suffering, loss of\namenities of life, loss of expectation of life or disfigurement;\nand\n(b) to provide for the assessment and awarding of damages other\nthan for pecuniary loss on the basis of the degree of\npermanent impairment suffered by the injured person.\n25 Damages other than for pecuniary loss\nA court may award damages other than for pecuniary loss, or may\nrefuse to award such damages, only in accordance with section 27\nafter determining the injured person's degree of permanent\nimpairment in accordance with section 26.\n26 Assessment of degree of impairment\n(1) A court, in determining the degree of permanent impairment\nsuffered by an injured person, must do so on the basis of evidence\nadduced under this section.\n(2) The claimant and the respondent may each adduce evidence for\nthe purposes of subsection (1).\n(3) Evidence of permanent impairment is to be given only by a medical\npractitioner who has assessed the degree of permanent impairment\nin accordance with the prescribed guides and any applicable\nregulation.\n(4) The Regulations may provide for any matters in relation to the\nassessment of permanent impairment suffered by an injured\nperson, including the following:\n(a) the content of prescribed guides, including by modification of\nthe American Medical Association Guides to the Evaluation of\nPermanent Impairment;\n(b) procedures relating to the assessment of permanent\nimpairment;\n(c) the qualifications of medical practitioners who may give\nevidence under this section;\n\nPart 4 Damages\nDivision 4 Non-pecuniary loss\nPersonal Injuries (Liabilities and Damages) Act 2003 31\n(d) the costs in connection with the assessment of impairment.\n27 Damages for non-pecuniary loss\n(1) The maximum amount of damages a court may award for\nnon-pecuniary loss is 680 000 monetary units.\n(2) A court must not award damages for non-pecuniary loss if the court\ndetermines the degree of permanent impairment to be less than 5%\nof the whole person.\n(3) When awarding damages for non-pecuniary loss, a court must\naward the following amount:\n(a) if the court determines the degree of permanent impairment to\nbe 85% or more of the whole person – 680 000 monetary\nunits;\n(b) if the court determines the degree of permanent impairment to\nbe not less than 15% and not more than 84% of the whole\nperson – the relevant percentage of 680 000 monetary units;\n(c) if the court determines the degree of permanent impairment to\nbe a percentage of the whole person specified in column 1 of\nthe Table – the amount specified in column 2 opposite the\nrelevant percentage.\nTABLE\nColumn 1 Column 2\nDegree of permanent impairment as\npercentage of whole person\nAmount of damages to be awarded\nnot less than 5% but less than 10% 13 600 monetary units\n10% 20 400 monetary units\n11% 27 200 monetary units\n12% 40 800 monetary units\n13% 54 400 monetary units\n14% 81 600 monetary units\n\nPart 4 Damages\nDivision 5 Interest\nPersonal Injuries (Liabilities and Damages) Act 2003 32\nDivision 5 Interest\n29 No interest on particular damages\nA court must not order the payment of interest on damages\nawarded for:\n(a) non-pecuniary loss; or\n(b) gratuitous services.\n30 Calculation of interest payable on damages\n(1) If a court is satisfied that interest is payable on damages, the\namount of interest:\n(a) is payable in respect of the period from when the relevant loss\nwas first incurred until the date on which the court assesses\nthe damages; and\n(b) is to be calculated, using the prescribed rate of interest, in\naccordance with the principles ordinarily applied by the court\nfor that purpose.\n(2) In this section:\nprescribed rate of interest means:\n(a) the interest rate prescribed by the Regulations; or\n(b) if no interest is prescribed by the Regulations – the relevant\ninterest rate as at the date of assessment of the damages.\nrelevant interest rate means the rate representing the\nCommonwealth Government 10 year benchmark bond rate as\npublished by the Reserve Bank of Australia in the Reserve Bank of\nAustralia Bulletin (however described) as applying:\n(a) on the first business day of January of each year in respect of\nan assessment of damages during the period from 1 March\nuntil 31 August of that year; or\n(b) on the first business day of July of each year in respect of an\nassessment of damages made during the period from\n1 September of that year until the last day of February of the\nfollowing year.\n\nPart 4A Damages awarded to offenders\nDivision 1 Preliminary matters\nPersonal Injuries (Liabilities and Damages) Act 2003 33\nDivision 6 Orders for structured settlements\n31 Meaning of structured settlement\nFor the purposes of this Division:\nstructured settlement means an order providing for the payment\nof all or part of an award of damages by one or both of the following\nmeans:\n(a) periodic payments funded by an annuity or other agreed\nmeans;\n(b) periodic payments in respect of future reasonable expenses\nfor medical, hospital, pharmaceutical or attendant care\nservices, payable as those expenses are incurred.\n32 Court may make order for structured settlement\nThe court may, with the consent of the parties to a proceeding,\nmake an order for a structured settlement.\nPart 4A Damages awarded to offenders\nDivision 1 Preliminary matters\n32A Definitions\nIn this Part:\ncivil wrong means a civil wrong to which section 32B applies.\ncivil wrong settlement means an agreement between an\nindividual and one or more public entity defendants requiring the\npublic entity defendant to make a payment of monies to the\nindividual for a civil wrong sustained when the individual was an\noffender.\noffender means an individual to which section 32B applies.\npublic entity defendant, see section 32C.\nvictim claim means a claim by an individual for personal injury\nagainst an offender that arises out of an injury to the individual or\ndeath of the individual caused by the offender and the conduct\ncausing the injury or death, on the balance of probabilities,\nconstitutes an offence.\n\nPart 4A Damages awarded to offenders\nDivision 1 Preliminary matters\nPersonal Injuries (Liabilities and Damages) Act 2003 34\n32B Application of Part\n(1) This Part applies to an award of damages or payment of monies in\naccordance with a civil wrong settlement to an individual for a civil\nwrong the individual sustains when the individual is:\n(a) an offender within the meaning of section 5 of the Correctional\nServices Act 2014; or\n(b) a detainee as defined in section 5(1) of the Youth Justice\nAct 2005.\n(2) Despite subsection (1) and without limiting section 4(3)(b), this Part\ndoes not apply to any claim for compensation as defined in\nsection 3(1) of the Return to Work Act 1986:\n(a) arising out of an injury, within the meaning of section 3A of\nthat Act, sustained by an offender, or a death of an\noffender; and\n(b) the offender was a worker, within the meaning of section 3B of\nthat Act, at the time of the injury or death.\nNote for subsection (2)\nSection 3B(12) of the Return to Work Act 1986 provides for the circumstances\nwhen a person found guilty of an offence who is performing work under a court\norder is to be treated as a worker.\n(3) Despite subsection (1), this Part does not apply to any claim for\ndamages for a personal injury.\n(4) This Part applies to the following civil wrongs:\n(a) the tort of assault;\n(b) the tort of battery;\n(c) the tort of false imprisonment.\n(5) This Part does not apply in relation to a civil wrong alleged to have\nbeen caused by an incident that occurs before the commencement\nof this section.\n(6) This Part applies to a civil liability incurred by a public entity\ndefendant because of a civil wrong sustained by an offender that\nwas caused by a person the public entity defendant is vicariously\nliable for.\n\nPart 4A Damages awarded to offenders\nDivision 2 Limit to damages\nPersonal Injuries (Liabilities and Damages) Act 2003 35\n32C Public entity defendant\nA public entity defendant is any of the following:\n(a) the Crown in right of the Territory;\n(b) an Agency;\n(c) a public sector employee;\n(d) a health service within the meaning of the Health Service\nAct 2021;\n(e) a Government owned corporation within the meaning of the\nGovernment Owned Corporations Act 2001;\n(f) an entity that is controlled, within the meaning of the\nCorporations Act 2001 (Cth), by an Agency or otherwise by\nthe Territory;\n(g) a person or entity that has functions or powers under an Act or\nRegulations and is performing those functions or exercising\nthose powers;\n(h) a person or entity that is performing any function for or on\nbehalf of an entity specified in paragraph (a), (b), (d), (e), (f)\nor (g).\n32D No effect on claim arising from child abuse\nNothing in this Part affects a claim for a civil wrong arising from\nchild abuse perpetrated against an offender.\nDivision 2 Limit to damages\n32E Limit to liabilities for civil wrongs\n(1) Subject to subsection (2), the maximum amount of damages a court\nmay award for a civil wrong to which this Part applies is the\nfollowing amount for each civil wrong sustained by an offender:\n(a) for a civil wrong constituted by the tort of assault:\n(i) in the case of assault constituted by strip searching the\noffender without lawful reason – 5 000 monetary\nunits; and\n(ii) in any other case of assault – 2 500 monetary units;\n\nPart 4A Damages awarded to offenders\nDivision 2 Limit to damages\nPersonal Injuries (Liabilities and Damages) Act 2003 36\n(b) for a civil wrong constituted by the tort of battery –\n5 000 monetary units;\n(c) for a civil wrong constituted by the tort of false imprisonment:\n(i) in the case of false imprisonment of the offender for a\nperiod of 1 day or less – 2 000 monetary units; and\n(ii) in the case of false imprisonment of the offender for a\nperiod of more than 1 day and less than 30 days –\n1000 monetary units for each day during which the false\nimprisonment continues; and\n(iii) in the case of false imprisonment of the offender for a\nperiod of 30 days or more and less than 60 days –\n500 monetary units for each day during which the false\nimprisonment continues; and\n(iv) in the case of false imprisonment of the offender for a\nperiod of 60 days or more – 250 monetary units for each\nday during which the false imprisonment continues.\n(2) The maximum amount of damages a court may award to an\noffender for a civil wrong or series of related civil wrongs to which\nthis Part applies is 15 000 monetary units.\n(3) To avoid doubt, this section does not apply to an individual in\nrespect of a civil wrong if the individual sustains the civil wrong after\nthe individual ceases to be an offender.\n(4) In this section:\nseries of related civil wrongs means 2 or more civil wrongs\ncommitted against an offender that:\n(a) occur at approximately the same time; or\n(b) occur over a period of time and are committed by the same\nperson or group of persons.\n32F No award of aggravated or exemplary damages\nA court must not award aggravated damages or exemplary\ndamages in respect of a civil wrong to which this Part applies.\n\nPart 4A Damages awarded to offenders\nDivision 3 Application of damages to certain payments\nPersonal Injuries (Liabilities and Damages) Act 2003 37\nDivision 3 Application of damages to certain payments\n32G Public entity defendant may withhold damages for specified\npayments\n(1) A public entity defendant ordered by a court to pay damages to an\noffender for a civil wrong to which this Part applies may withhold an\namount from the damages that the public entity defendant is\nrequired to pay to the offender for the satisfaction of the following\namounts owed by the offender:\n(a) an amount the offender is required to pay under section 55F of\nthe Victims of Crime Assistance Act 2006 or an order made\nunder section 56 of that Act;\n(b) an outstanding fine imposed by a court under Part 3 of the\nFines and Penalties (Recovery) Act 2001 and enforcement\ncosts under that Act for the fine;\n(c) a penalty under an infringement notice, within the meaning of\nthe Fines and Penalties (Recovery) Act 2001, issued under a\nlaw that was not paid within the time specified in the\ninfringement notice, or in accordance with the requirements of\nthat Act for the recovery of the penalty, and enforcement costs\nunder that Act for the penalty.\n(2) Despite anything to the contrary in a civil wrong settlement, a public\nentity defendant paying monies under the civil wrong settlement\nmay withhold an amount from the monies that the public entity\ndefendant is required to pay to the offender for the satisfaction of\nthe following amounts owed by the offender:\n(a) an amount the offender is required to pay under section 55F of\nthe Victims of Crime Assistance Act 2006 or an order made\nunder section 56 of that Act;\n(b) an outstanding fine imposed by a court under Part 3 of the\nFines and Penalties (Recovery) Act 2001 and enforcement\ncosts under that Act for the fine;\n(c) a penalty under an infringement notice, within the meaning of\nthe Fines and Penalties (Recovery) Act 2001, issued under a\nlaw that was not paid within the time specified in the\ninfringement notice, or in accordance with the requirements of\nthat Act for the recovery of the penalty, and enforcement costs\nunder that Act for the penalty.\n\nPart 4A Damages awarded to offenders\nDivision 4 Damages made available for victim payments\nPersonal Injuries (Liabilities and Damages) Act 2003 38\n(3) To avoid doubt, an amount, outstanding fine or penalty specified in\nsubsection (1) or (2) does not include any amount, outstanding fine\nor penalty that is cancelled, withdrawn, annulled or in any other way\nmade no longer recoverable by the Territory.\nDivision 4 Damages made available for victim payments\n32H Offender damages to be held on trust\n(1) Damages that are awarded by a court to an offender for a civil\nwrong to which this Part applies or monies payable to an offender\nunder a civil wrong settlement must be paid to the Public Trustee.\n(2) Damages or monies paid to the Public Trustee under subsection (1)\nare held on trust by the Public Trustee for a period beginning on the\nday the court awards the damages or the civil wrong settlement is\nagreed to (as the case requires) and ending on the later of:\n(a) the day 12 months after the day the court awards the\ndamages or the civil wrong settlement is agreed to; or\n(b) the day a court finally determines any victim claim that is\ncommenced against the offender:\n(i) before the day the court awards the damages or the civil\nwrong settlement is agreed to; or\n(ii) within 12 months after the day the court awards the\ndamages or the civil wrong settlement is agreed to.\n(3) The Public Trustee holds the amount paid under subsection (1) for\nthe satisfaction of an order under section 32K(2).\n(4) This section does not apply to an amount of damages or monies\nwithheld by a public entity defendant under section 32G.\n(5) Despite subsection (1), this section does not affect any obligation of\na public entity defendant under a law of the Territory or the\nCommonwealth to pay an amount to a person other than the\noffender.\n\nPart 4A Damages awarded to offenders\nDivision 4 Damages made available for victim payments\nPersonal Injuries (Liabilities and Damages) Act 2003 39\n32J Notification of money held on trust\n(1) As soon as practicable after the day a court orders a public entity\ndefendant to pay damages to an offender for a civil wrong to which\nthis Part applies or a civil wrong settlement is agreed to by a public\nentity defendant and an offender, the public entity defendant:\n(a) must notify, in writing, each victim (if any) of the offender of\nthe money held on trust in accordance with section 32H; and\n(b) may give public notice of the money held on trust in\naccordance with section 32H.\n(2) The public entity defendant may determine the manner in which the\npublic notice under subsection (1)(b) is to be given.\n(3) A notification under subsection (1) must include the following:\n(a) the name of the offender;\n(b) a statement that damages awarded by a court to the offender\nor monies to be paid to the offender under a civil wrong\nsettlement are held on trust by the Public Trustee;\n(c) the period during which damages or monies are held on trust;\n(d) a statement that during the period the damages or monies are\nheld on trust the court may make an order under\nsection 32K(2) for damages to the victim to be satisfied out of\ndamages or monies held on trust during that period.\n(4) A victim who is notified under subsection (1)(a) may, at any time\nduring the period the damages or monies are held on trust, request\nthe public entity defendant to provide:\n(a) details of the amount of damages or monies held on trust and\nthe offence for which the offender has been found guilty; and\n(b) the number of other victims notified under this section and\nwhether any orders to satisfy damages out of the damages or\nmonies held on trust were made under section 32K(2).\n(5) On a request under subsection (4), the public entity defendant must\nprovide to the victim, within a period of 28 days from the request,\nthe details requested.\n\nPart 4A Damages awarded to offenders\nDivision 4 Damages made available for victim payments\nPersonal Injuries (Liabilities and Damages) Act 2003 40\n(6) For the purposes of notifying any victims of an offender of the\ndamages or monies held on trust:\n(a) the Commissioner of Police may provide to a public entity\ndefendant information identifying individuals who may be\nvictims; and\n(b) if a public entity defendant is party to an agreement that\nrestricts disclosure of any of the information specified in\nsubsection (3) – the public entity defendant may disclose the\ninformation despite anything to the contrary in the agreement.\n(7) In this section:\nvictim, of an offender, is an individual who appears based on\ninformation reasonably available to the public entity defendant\n(including information provided under subsection (6)(a)) to have a\nvictim claim against the offender.\n32K Offender damages available for victim claims\n(1) This section applies to a victim claim if:\n(a) an individual:\n(i) is successful in a victim claim against an offender; or\n(ii) makes an agreement to settle a victim claim against an\noffender; and\n(b) damages awarded or monies to be paid to the offender in\nrespect of a civil wrong are held on trust in accordance with\nsection 32H.\n(2) If an individual is successful in a victim claim against an offender or\nsettles a victim claim against an offender, the court may order the\ndamages for the victim claim or monies to be paid under the\nsettlement to be satisfied out of the amount held on trust in\naccordance with section 32H and for that purpose order an amount\nnot exceeding the amount held on trust to be paid to the individual.\n(3) An order under subsection (2) must not be made until all of the\nfollowing are finally determined:\n(a) proceedings against the offender for a victim claim\ncommenced before the period specified in section 32H(2);\n(b) proceedings against the offender for a victim claim\ncommenced during the period specified in section 32H(2).\n\nPart 4A Damages awarded to offenders\nDivision 4 Damages made available for victim payments\nPersonal Injuries (Liabilities and Damages) Act 2003 41\n(4) In making an order under subsection (2), the court must ensure that\nthe amount paid to the individual is fair and reasonable having\nregard to:\n(a) whether there are any proceedings against the offender for\nvictim claims; and\n(b) the amount of damages that is likely to be awarded in any\nother victim claim if the other victim claim is successful.\n(5) If the court orders an amount to be paid under subsection (2), the\nPublic Trustee must release the amount specified in the order from\nthe amount held on trust in accordance with section 32H.\n(6) The court must decide whether or not to make an order under\nsubsection (2) without conducting a hearing, unless the court is\nsatisfied that a hearing is necessary in the interest of justice.\n32L Interest of money held on trust\n(1) Interest received by the Public Trustee for the investment of money\nheld on trust in accordance with section 32H in respect of an\noffender is part of the amount of money held on trust in respect of\nthat offender.\n(2) Fees and charges payable to the Public Trustee for the Public\nTrustee's functions under this Part of holding money on trust in\naccordance with section 32H in respect of an offender are payable\nout of the money held on trust in respect of that offender.\n32M Release of money held on trust\nOn the expiry of the period during which damages or monies are\nheld on trust in accordance with section 32H, the Public Trustee\nmust release to the offender:\n(a) any remaining amount held on trust; or\n(b) if no order is made under section 32K(2) – all of the damages\nawarded to the offender in the claim or monies to be paid to\nthe offender under the civil wrong settlement.\n\nPart 5 Miscellaneous\nPersonal Injuries (Liabilities and Damages) Act 2003 42\n32N Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Division as any of the\nfollowing:\n(a) an employee or agent of a public entity defendant;\n(b) the Public Trustee or an employee or agent of the Public\nTrustee.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nDivision 5 Extension of limitation period for victims\n32P Victim claims maintainable despite limitation period\n(1) Despite section 12(1) of the Limitation Act 1981, the limitation\nperiod under that section does not apply to an action founded on a\ntort that is a victim claim if there exists money held on trust in\naccordance with section 32H in respect of the defendant to the\nvictim claim.\n(2) To avoid doubt, a cause of action that is not maintainable by\noperation of section 12(1) of the Limitation Act 1981 is reinstated as\nmaintainable for the purposes of:\n(a) commencing the victim claim; and\n(b) the court making an order under section 32K(2).\nPart 5 Miscellaneous\n33 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n\nPart 6 Transitional matters for Personal Injuries (Liabilities and Damages) Act 2003\nPersonal Injuries (Liabilities and Damages) Act 2003 43\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may apply, adopt, incorporate or apply by\nreference (either wholly or in part or with or without modification) an\ninstrument as in force at a particular time or as in force from time to\ntime prescribed or published by an authority or body, whether or not\na Territory authority or body.\n(3) An instrument applied, adopted or incorporated by the Regulations\nmay require anything referred to in that instrument to be in\naccordance with another instrument to which that instrument refers.\n(4) In this section:\ninstrument means a guide, standard, code, specification, method\nor other document.\n34 Regulations may contain savings and transitional provisions\n(1) The Regulations may contain provisions of a transitional nature\nconsequent on the enactment of this Act.\n(2) The Regulations may provide that a transitional provision takes\neffect from a date that is earlier than the date of its publication or\nnotification in the Gazette but, if it does so, the provision does not\noperate so as:\n(a) to affect, in a manner prejudicial to any person (other than the\nTerritory), the rights of that person existing before the date of\nits publication or notification; or\n(b) to impose liabilities on a person (other than the Territory) in\nrespect of anything done or omitted to be done before the date\nof its publication or notification.\nPart 6 Transitional matters for Personal Injuries\n(Liabilities and Damages) Act 2003\n35 Transitional provisions\n(1) Section 7(5) does not apply in relation to a policy of insurance\nentered into before the commencement of that section.\n(2) Section 13 applies in relation to an expression of regret whether\nmade before or after the commencement of that section and\nwhether made in respect of a personal injury caused or alleged to\nhave been caused by an incident that occurred before or after the\ncommencement of that section.\n\nPart 7 Transitional matters for Personal Injuries (Liabilities and Damages)\nAmendment Act 2010\nPersonal Injuries (Liabilities and Damages) Act 2003 44\n(3) Section 32 applies in relation to the making of an order for a\nstructured settlement whether the proceeding in which the order is\nmade commenced before or after the commencement of that\nsection.\nPart 7 Transitional matters for Personal Injuries\n(Liabilities and Damages) Amendment Act 2010\n36 Application of section 7A\nSection 7A applies only in relation to a person who donates food or\na grocery product, as mentioned in that section, after the\ncommencement of the Personal Injuries (Liabilities and Damages)\nAmendment Act 2010.\n\nENDNOTES\nPersonal Injuries (Liabilities and Damages) Act 2003 45\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\nPersonal Injuries (Liabilities and Damages) Act 2003 (Act No. 3, 2003)\nAssent date 18 March 2003\nCommenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nJustice legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession Act\n2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance\nAct 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007,\np 7); rem: 24 April 2007\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)\nPersonal Injuries (Liabilities and Damages) Amendment Act 2010 (Act No. 36, 2010)\nAssent date 18 November 2010\nCommenced 15 December 2010 (Gaz G50, 15 December 2010)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\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\nPersonal Injuries (Liabilities and Damages) Act 2003 46\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)\nPersonal Injuries (Liabilities and Damages) Amendment Act 2022 (Act No. 13, 2022)\nAssent date 2 June 2022\nCommenced pt 2: 3 June 2022 (s 2(1)); pt 3: 30 September 2022 (s 2(2));\nrem: 1 January 2023 (Gaz G50, 21 December 2022, p 2)\nVictims of Crime Assistance Amendment Act 2023 (Act No. 30, 2023)\nAssent date 4 December 2023\nCommenced 2 January 2024 (Gaz G26, 21 December 2023, p 1)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n3 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, 5, 7 and 7A.\n4 LIST OF AMENDMENTS\nlt amd No. 13, 2022, ss 7 and 12\ns 3 amd No. 13, 2022, ss 4 and 10\ns 4 amd No. 5, 2007, s 37; No. 30, 2007, s 59; No. 41, 2010, s 29; No. 9, 2015,\ns 31; No. 13, 2022, s 5\ns 7 amd No. 33, 2005, s 5; No. 4, 2024, s 48\ns 7A ins No. 36, 2010, s 4\ns 10 amd No. 5, 2007, s 37\ns 16 amd No. 22, 2011, s 40\npt 3A hdg ins No. 13, 2022, s 11\npt 3A\ndiv 1 hdg ins No. 13, 2022, s 11\nss 17A – 17C ins No. 13, 2022, s 11\npt 3A\ndiv 2 hdg ins No. 13, 2022, s 11\nss 17D – 17F ins No. 13, 2022, s 11\npt 3A\ndiv 3 hdg ins No. 13, 2022, s 11\ns 17G ins No. 13, 2022, s 11\npt 3A\ndiv 4 hdg ins No. 13, 2022, s 11\nss 17H – 17M ins No. 13, 2022, s 11\n\nENDNOTES\nPersonal Injuries (Liabilities and Damages) Act 2003 47\npt 3A\ndiv 5 hdg ins No. 13, 2022, s 11\ns 17P ins No. 13, 2022, s 11\npt 3A\ndiv 6 hdg ins No. 13, 2022, s 11\nss 17Q – 17R ins No. 13, 2022, s 11\npt 3A\ndiv 7 hdg ins No. 13, 2022, s 11\ns 17S ins No. 13, 2022, s 11\ns 27 amd No. 13, 2022, s 8\ns 28 rep No. 13, 2022, s 9\npt 4A hdg ins No. 13, 2022, s 6\npt 4A\ndiv 1 hdg ins No. 13, 2022, s 6\nss 32A – 32D ins No. 13, 2022, s 6\npt 4A\ndiv 2 hdg ins No. 13, 2022, s 6\nss 32E – 32F ins No. 13, 2022, s 6\npt 4A\ndiv 3 hdg ins No. 13, 2022, s 6\ns 32G ins No. 13, 2022, s 6\namd No. 30, 2023, s 21\npt 4A\ndiv 4 hdg ins No. 13, 2022, s 13\nss 32H – 32N ins No. 13, 2022, s 13\npt 4A\ndiv 5 hdg ins No. 13, 2022, s 13\ns 32P ins No. 13, 2022, s 13\npt 6 hdg ins No. 36, 2010, s 5\npt 7 hdg ins No. 36, 2010, s 6\ns 36 ins No. 36, 2010, s 6","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":3529},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded well beyond its original 2003 purpose of modifying common-law damages entitlements, clarifying contributory negligence and introducing periodic payments. Major later additions include a comprehensive framework for institutional liability for child abuse (Part 3A, inserted in 2022), a specialised trust-and-cap scheme for damages awarded to prisoners and detainees (Part 4A, inserted in 2022), and liability protection for food and grocery donors (s 7A, inserted in 2010)."},"complexity_factors":["Over 40 defined terms spread across multiple interpretation sections (ss 3, 17A, 18, 32A and elsewhere)","Seven operative Parts with nested Divisions, including 7 Divisions in Part 3A and 5 in Part 4A","Rebuttable presumptions with specific evidentiary thresholds for intoxication (ss 14–16)","Step-table and percentage-based caps for non-pecuniary loss (s 27) and tiered daily caps for offender false imprisonment (s 32E)","Multi-stage nomination and court appointment mechanics for 'proper respondents' and associated trusts in institutional child abuse claims (Part 3A Div 4)","Complex temporal application rules excluding certain statutory schemes and limiting some Parts to post-commencement incidents while other Parts operate retrospectively","Trust, notification and set-off mechanisms for offender damages involving the Public Trustee, victims and public entity defendants (Part 4A Divs 3–4)","Cross-references to Commonwealth legislation (Corporations Act 2001) and multiple other Northern Territory Acts"],"plain_english_summary":"This Northern Territory law overhauls the rules for suing over personal injuries and limits how much money can be awarded.\n\n**Who it shields from being sued**\n- **Volunteers**: People doing unpaid community work (for charities, religious groups, local organisations etc.) are generally protected if they injure someone while acting in good faith. Their organisation becomes liable instead.\n- **Good Samaritans**: Anyone giving emergency help, including medical professionals offering advice at an emergency, is protected if they act in good faith and are not intoxicated.\n- **Food and grocery donors**: People or businesses donating food or household items for charity are not liable if someone is later injured, provided the goods were safe when donated and any handling instructions were passed on.\n- **Occupiers and homeowners**: They are generally not liable if a person is injured while entering or on their property with the intention of committing a serious crime.\n- **People injured while offending**: If someone is injured while committing a serious crime and their own conduct caused the risk, they usually cannot sue, unless the court finds exceptional circumstances.\n\n**Saying sorry without admitting fault**\n- The law allows a person to express regret after an incident. This expression of regret cannot be used in court as evidence that they admitted liability or were negligent.\n\n**Intoxication and shared blame (contributory negligence)**\n- If the injured person was intoxicated by alcohol or drugs at the time of the incident, the law presumes they were partly at fault. The same presumption applies if someone aged 16 or older relied on an intoxicated person (for example, getting into a car with a drunk driver).\n- These presumptions can be overturned if the claimant proves the intoxication did not contribute to the incident, or that the intoxication was involuntary.\n- If contributory negligence is established, damages are reduced by at least 25%.\n- A blood alcohol reading of 0.08 or more is treated as conclusive proof of intoxication.\n\n**Institutional child abuse liability**\n- Institutions such as schools, churches, care homes and clubs owe a duty to take all reasonable steps to prevent child abuse by anyone associated with them, or by other children in their care.\n- An institution is held responsible if abuse occurs while a child is under its care, unless it can prove it took all reasonable steps to prevent it.\n- Institutions can also be \"vicariously liable\" (automatically responsible) for abuse by employees or people acting like employees, especially when the institution placed them in a position of trust, authority or intimacy over the child.\n- Special rules allow courts to appoint a financially capable \"proper respondent\" — which can include an associated trust — so survivors can actually recover compensation.\n- If an institution no longer exists, a \"successor institution\" (one that is substantially the same) can be sued in its place. Unincorporated groups can be sued as if they were a legal person.\n- Proceedings against multiple institutions are subject to rules preventing double recovery.\n\n**Limits on compensation (damages)**\n- **No punitive damages**: Courts cannot award aggravated or exemplary damages (extra money to punish the wrongdoer) for personal injuries.\n- **Loss of earnings**: When calculating lost income, any amount above three times the average weekly earnings is ignored.\n- **Pain and suffering (non-pecuniary loss)**: Damages are capped at 680,000 monetary units and are only payable if the injured person has at least a 5% permanent physical impairment. The amount is set by a step-scale based on the percentage of impairment.\n- **Unpaid care (gratuitous services)**: Family or friends providing free care can only claim if they provide at least 6 hours per week for 6 months. There are weekly caps based on average weekly earnings.\n- **Interest and structured settlements**: Interest cannot be awarded on damages for pain and suffering or gratuitous services. Courts can order future payments by instalment (a structured settlement) if both parties agree.\n\n**Special scheme for prisoners and detainees**\n- If a prisoner or youth detainee sues a government body for assault, battery or false imprisonment, damages are tightly capped (for example, up to 5,000 monetary units per civil wrong, with a maximum of 15,000 monetary units for related wrongs).\n- The money is held in trust by the Public Trustee for at least 12 months. During that time, victims of the offender can claim against the trust, even if the normal deadline to sue has expired.\n- Government bodies can also use the money to pay off the offender's outstanding fines, penalties or victim compensation debts.\n- Anyone acting in good faith under these rules is protected from personal liability.\n\n**What the law does not cover**\n- The Act does not apply to workers' compensation claims, motor accident compensation claims, dust-related diseases (such as mesothelioma or asbestosis), or certain consumer product claims."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Several provisions change the Act's ordinary temporal and subject scope compared with the general application clauses. Most notably, Part 3A (institutional liability for child abuse) is made applicable to causes of action whether they arose before or after the commencement of that Part (s 17B(5)), extending the regime beyond the Act's general rule that parts apply only to incidents after commencement (s 4(2)). Part 4A creates a distinct regime limited to offences committed while an individual is an offender or detainee and excludes some claims (ss 32B(1), 32B(5)), narrowing the pool of matters to which that Part applies. Other exclusions under s 4(3) (for motor accident, workers' compensation, dust‑related conditions and certain consumer claims) also carve out classes of claims from the Act. These targeted retrospective and carved‑out applications amount to changes in scope from the Act's baseline temporal and subject coverage."},"complexity_factors":["Multiple substantive regimes in one Act (general liability rules, institutional child‑abuse scheme, offender‑payment scheme) increasing cross‑part interactions.","Extensive definitions and cross‑references (Part 3A terms, Part 4A terms, 'associated trust', 'proper respondent').","Statutory presumptions and mandatory percentage reductions (contributory negligence: ss 14–17) and tariffed awards (non‑pecuniary loss: s 27) constrain judicial discretion but require precise factual findings.","Procedural devices for transferring liability to nominated proper respondents or associated trusts (ss 17H–17L) introduce evidential and timing requirements and trustee powers (s 17M).","Public Trustee trust mechanics for offender awards (ss 32H–32M) create administrative procedures, notification duties and interactions with victim proceedings.","Regulatory dependence for technical parameters (discount rate, interest rate, impairment guides, qualifications and procedures) (ss 22, 26, 30, 33).","Retrospective application of some provisions (Part 3A applies to causes of action arising before commencement: s 17B(5)) complicates limitation and transitional analyses.","Interplay with other statutes and exclusions (e.g. Motor Accidents, Return to Work, Compensation (Fatal Injuries)) requires cross‑statutory legal analysis (ss 4, 5).","Discretionary legal standards ('all reasonable steps') with enumerated but non‑exhaustive factors leave significant room for judicial assessment (ss 17E(3), 17F(3))."],"plain_english_summary":"# What this Act does, who it affects, and why it matters\n\nThis Territory law reorganises who can be sued, what damages a court can award, and how certain personal-injury claims are handled. It applies mainly to civil claims for personal injury (including fatal and prenatal injuries, disease and psychological injury) arising from incidents after the Act commenced, with specified carve‑outs and exceptions (see s 3, s 4).\n\nKey mechanical changes (what the Act changes, section references in brackets):\n\n- Limits certain defendants from being personally liable: volunteers doing community work are protected unless acting outside authority or while intoxicated (s 7); persons who donate fit food or specified grocery products in good faith are protected (s 7A); Good Samaritans who give emergency assistance (and medically qualified Good Samaritans who give advice) are protected if acting in good faith and not recklessly or intoxicated (s 8); occupiers/owners need not be liable for injuries to people committing imprisonable offences on the premises (s 9); and a person engaging in criminal conduct may be excluded from recovering damages if their conduct materially contributed to the risk of injury (s 10).\n\n- Allows expressions of regret (apology-type statements) to be made without being admissible as evidence of liability in later proceedings (Div 2, ss 11–13).\n\n- Sets presumptions and a fixed minimum discount for contributory negligence where intoxication or reliance on an intoxicated person is involved, and requires a minimum 25% reduction in damages if contributory negligence is found under these rules (ss 14–17).\n\n- Creates a specialised institutional-liability regime for child abuse claims (Part 3A, ss 17A–17S). Institutions that exercise care, supervision or authority over children have duties to take all reasonable steps to prevent child abuse (s 17D). If abuse by an individual associated with an institution or by another child in its care is proved, the institution is presumed to have breached that duty unless it proves it took all reasonable steps (ss 17E–17F). The Act defines factors a court may consider when judging whether reasonable steps were taken (for example size, resources, role of the perpetrator, whether the institution complied with child‑safety standards) (ss 17E(3), 17F(3)). The Division also deals with vicarious liability (s 17G), how a different person/entity or associated trust can be appointed as the proper respondent to a claim (ss 17H–17L), successor institutions (s 17P), actions against unincorporated institutions and their office‑holders (ss 17Q–17R), and court rules (s 17S).\n\n- Reframes how damages are assessed and capped (Part 4). Courts cannot award aggravated or exemplary damages for personal injury (s 19). For pecuniary loss there are rules on disregarding very high earnings when assessing loss of earning capacity (s 20), on assessing future pecuniary loss using stated assumptions and actuarial discounting at a prescribed discount rate (ss 21–22), and on the conditions, minimum durations and caps for damages for gratuitous attendant care (s 23). Non‑pecuniary loss (pain and suffering etc.) is replaced by an impairment‑based assessment using prescribed guides; awards are tied to a statutory tariff with a maximum of 680,000 monetary units (ss 24–27). Interest rules and prohibition on interest for non‑pecuniary loss and gratuitous services are provided (ss 29–30). The court may order structured settlements with the parties' consent (ss 31–32).\n\n- Creates a separate regime for damages and payments to offenders in custody or youth detention (Part 4A, ss 32A–32P). That Part: limits damages for assault, battery and false imprisonment by numerical caps and an overall cap per offender/series of related wrongs (s 32E(1)–(2)); forbids aggravated/exemplary awards (s 32F); allows public entity defendants to withhold awards for fines or specified orders (s 32G); requires damages or settlement monies payable to an offender to be paid to the Public Trustee and held on trust for a specified period so that victims can pursue claims against those funds (ss 32H–32M); and extends limitation‑period rules for victims while money is held on trust (s 32P).\n\nOfficial rationale (as stated in the Act): the Act was enacted \"to modify the law relating to the entitlement to damages for personal injuries, to clarify principles of contributory negligence, to fix reasonable limits on certain awards of damages for personal injuries, to provide for periodic payments of damages for personal injuries, to introduce a scheme limiting payments to certain offenders, to clarify liability of institutions for child abuse, and for related purposes\" (long title). The text implements those objectives by changing who is liable, how liability is attributed (including institution/vicarious rules), and by prescribing quantifiable caps and processes for certain awards (Parts 3A, 4, 4A).\n\nTesting those purpose claims against costs, incentives and trade‑offs (mechanical effects):\n\n- Who pays: monetary awards come from respondents or their insurers in ordinary claims. Where institutions are liable for child abuse, the institution (or an appointed proper respondent or associated trust if appointed) carries the liability (ss 17J–17L). For offenders who receive awards, the Public Trustee holds funds and those funds can be ordered to satisfy victim claims (ss 32H, 32K). Public entity defendants (a broad class including the Crown, Agencies and other Territory‑linked bodies) remain subject to liability but may withhold awards for fines or specified orders (s 32G). Section references: s 6 (Crown bound), ss 17J–17L, ss 32G–32M.\n\n- Who decides: courts retain primary decision power on liability, reasonableness of steps taken by institutions, and amounts, but many statutory procedures and caps narrow judicial discretion (for example the impairment tariff in s 27 sets formulaic awards; ss 17E–17F list factors for \"all reasonable steps\"; ss 32E–32F set numerical caps for offenders). Regulators implement guides, discount rates and interest rates through Regulations (ss 22, 26, 30, 33). This mixes judicial fact‑finding with administrative rule‑making.\n\n- Behavioural incentives and compliance burdens: institutions that supervise children face a statutory duty to take all reasonable steps to prevent abuse (s 17D). That creates incentives to adopt policies, screening and supervision practices, but also imposes compliance costs and ongoing record‑keeping and training needs; courts will assess reasonableness against institutional capacity and resources (s 17E(3), s 17F(3)). Donors and volunteers gain indemnities when acting in good faith and not recklessly (ss 7, 7A, 8), which lowers personal liability risk and may encourage charitable activity, while shifting liability exposure to community organisations or to the Territory where relevant (s 7(3)–(4)).\n\n- Redistribution of costs and concentrated benefits/diffuse costs: caps and tariffs (s 27, ss 32E–32F, ss 19–23) concentrate benefits by limiting high awards and predictable payouts for defendants and insurers, while imposing potential opportunity costs on claimants who face lower recoveries. Public Trustee trust and notification duties (ss 32H–32J) and the power to satisfy victim claims (s 32K) introduce administrative burdens and some discretion (courts must ensure payments are fair and reasonable under s 32K(4)).\n\n- Implementation, discretion and regulatory dependence: the Act delegates many technical matters to Regulations (see ss 22, 26, 30, 33). The assessment of \"all reasonable steps\" (ss 17E–17F), the identification of associated trusts (s 17K(4)), and the court powers to appoint a proper respondent (ss 17H–17L) create points where courts make judgment calls informed by factual and evidentiary submissions. Prescribed guides determine impairment assessments and thus monetary outcomes (s 26).\n\n- Interaction with other laws and transitional application: the Act preserves operation of the Compensation (Fatal Injuries) Act 1974 in certain cases and applies Part 4 in addition to that Act for deaths after commencement caused by negligence (s 5). Part 3A has an explicit transitional/retrospective application for causes of action whether they arose before or after commencement (s 17B(5)); other divisions are limited to incidents after commencement except as specified (s 4(2)).\n\nPractical implications — short form:\n- Claimants: face prescribed limits and procedural tests for contributory negligence and impairment‑based non‑pecuniary awards; some claim types (e.g. motor accident scheme, workers' compensation, certain dust diseases) are excluded (s 4(3)).\n- Institutions that deal with children: face a statutory duty to take all reasonable steps to prevent abuse and a shifted burden of proof (ss 17D–17E), plus detailed procedural paths for who can be sued (proper respondent and trust appointment rules ss 17H–17L).  \n- Volunteers, donors, Good Samaritans: gain limited immunity when acting in good faith and not recklessly (ss 7, 7A, 8), reducing personal exposure but placing liability on organisations in some cases (s 7(3)).\n- Offenders in custody: civil wrong awards are capped, payments can be held and applied to victim claims via the Public Trustee, and victims' limitation periods may be extended while funds are held (Part 4A, ss 32E–32P).\n\nOverall, the Act substitutes a mix of statutory caps, procedural rules and targeted liability regimes for broad common‑law discretion in several areas. It also delegates technical rate and guide setting to regulation and leaves courts responsible for applying lists of factors and statutory presumptions in fact‑specific contexts (see ss 17E–17F; ss 21–22; ss 26–27)."}},"importantCases":[],"_links":{"self":"/api/acts/personal-injuries-liabilities-and-damages-act-2003","history":"/api/acts/personal-injuries-liabilities-and-damages-act-2003/history","analysis":"/api/acts/personal-injuries-liabilities-and-damages-act-2003/analysis","conflicts":"/api/acts/personal-injuries-liabilities-and-damages-act-2003/conflicts","importantCases":"/api/acts/personal-injuries-liabilities-and-damages-act-2003/important-cases","documents":"/api/acts/personal-injuries-liabilities-and-damages-act-2003/documents"}}