What it does
The Compensation (Fatal Injuries) Act 1974 (NT) creates a statutory cause of action that permits the recovery of damages by or on behalf of the family of a person whose death has been caused by the wrongful act, neglect or default of another. Section 7(1) is the central liability provision. It provides that where death is caused by conduct that would, had death not ensued, have entitled the injured person to maintain an action and recover damages, the person who would have been liable is liable to an action under the Act “despite the death” and “irrespective of whether the death … was caused by circumstances that amount in law to an offence”.
The Act is therefore a direct descendant of Lord Campbell’s Act 1846 (UK) but contains Northern Territory-specific refinements. It does not create a cause of action vested in the deceased’s estate for the pre-death pain and suffering (that is dealt with under Part II of the Law Reform (Miscellaneous Provisions) Act 1956). Instead, it creates an independent, derivative right vested in the statutory beneficiaries listed in s 4(2).
Section 8(1) imposes a strict “one action” rule: “Not more than one action may be brought against any one person in respect of a death.” The action must ordinarily be brought by the personal representative (defined in s 4(1)) for the benefit of those family members who sustained damage (s 8(2)). If the personal representative has not commenced proceedings within six months, any eligible family member may sue in his or her own name (s 13(1)), but the action remains for the benefit of all eligible persons (s 13(2)).
Damages are assessed under s 10. Subsection (1) permits the court to award “such damages as it may think proportioned to the injury resulting from the death”. The court then apportions the net award among the beneficiaries (s 10(2)). Section 10(3) lists particular heads that “may” be included: