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Compensation (Fatal Injuries) Act 1974
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NORTHERN TERRITORY OF AUSTRALIA
COMPENSATION (FATAL INJURIES) ACT 1974
As in force at 28 November 2022
Table of provisions
1 Short title ......................................................................................... 1
2 Repeal ............................................................................................. 1
4 Interpretation ................................................................................... 1
5 Application ....................................................................................... 2
6 Act binds the Crown ........................................................................ 2
7 Liability in respect of the death of a person ..................................... 3
8 One action for the benefit of members of deceased person's
family ............................................................................................... 3
10 Damages ......................................................................................... 3
11 Contributory negligence ................................................................... 5
12 Payment into court........................................................................... 5
13 Alternative action where personal representative is not
appointed or does not bring action .................................................. 6
14 Special endorsement on writ of summons ....................................... 6
15 Powers of the court to make orders in relation to actions ................ 6
16 Provisions applicable where action tried before court with a
jury ................................................................................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 28 November 2022
____________________
COMPENSATION (FATAL INJURIES) ACT 1974
An Act relating to compensation to relatives of persons whose deaths
are caused by wrongful act, neglect or default
1 Short title
This Act may be cited as the Compensation (Fatal Injuries)
Act 1974.
2 Repeal
(1) The Compensation (Fatal Injuries) Ordinance 1938 and the
Compensation (Fatal Injuries) Ordinance 1970 are repealed.
(2) Despite the repeal made by subsection (1), the provisions of the
Compensation (Fatal Injuries) Ordinance 1938 as amended
continue to apply in relation to a cause of action in respect of the
death of a person that occurred before the commencement of this
Act.
4 Interpretation
(1) In this Act:
burial, see section 7 of the Burial and Cremation Act 2022.
child, in relation to a deceased person, includes an adopted child
and a grand-child and a stepchild of the deceased person.
disposal, see section 7 of the Burial and Cremation Act 2022.
parent, in relation to a deceased person, includes an adoptive
parent, and a step-father, a step-mother, a grand-father, and a
grand-mother of the deceased person.
personal representative, in relation to a deceased person, means
the person to whom a grant of probate of the will or administration
of the estate of the deceased person has been made in a State or
Territory and includes an executor by representation of the
deceased person, the Public Trustee if he or she is administering
the estate of the deceased person and the Curator of Deceased
Estates if he or she is administering the estate of the deceased
Compensation (Fatal Injuries) Act 1974 2
person.
(2) Each of the following persons is, for this Act, a member of a
deceased person's family:
(a) a spouse or de facto partner of the deceased person;
(b) a child of the deceased person;
(c) a person to whom the deceased person stood, immediately
before his or her death, in loco parentis;
(d) a person who stood, immediately before his or her death, in
loco parentis to the deceased person;
(e) a parent of the deceased person;
(f) a brother, a sister, a half-brother and a half-sister of the
deceased person;
(g) a former spouse or de facto partner of the deceased person.
(3) For this Act:
(b) a child of a deceased person born alive after the death of that
person must be treated as having been born before the death
of the deceased person; and
(d) an infant to whom a deceased person stood, immediately
before his or her death, in loco parentis must be treated as the
child of the deceased person.
(4) A reference in this Act to an action or proceeding must be read as a
reference to an action or proceeding under this Act.
5 Application
(1) Subject to subsection (2), this Act applies only where a death
occurs on or after the commencement of this Act, whether the act,
neglect or default that caused the death occurred before or after
that commencement.
(2) This Act does not apply to or in relation to a death occurring in or as
a result of an accident within the meaning of the Motor Accidents
(Compensation) Act 1979, except in those circumstances in which
an action in respect of that death is not precluded by that Act.
6 Act binds the Crown
This Act binds the Crown.
Compensation (Fatal Injuries) Act 1974 3
7 Liability in respect of the death of a person
(1) Where the death of a person is caused by a wrongful act, neglect or
default and the act, neglect or default is such that it would, if death
had not ensued, have entitled the person injured to maintain an
action and recover damages in respect of the injury, the person
who would have been liable, if the death had not ensued, is liable to
an action for damages despite the death of the person injured and
irrespective of whether the death of that person was caused by
circumstances that amount in law to an offence.
(2) A settlement, release or judgment in respect of the wrongful act,
neglect or default causing his or her death made, given or obtained
by the deceased person after the commission or occurrence of the
wrongful act, neglect or default does not, subject to section 10(5),
affect the liability of a person to an action under this Act.
8 One action for the benefit of members of deceased person's
family
(1) Not more than one action may be brought against any one person
in respect of a death.
(2) Subject to section 13, any such action must be brought by and in
the name of the personal representative of the deceased person for
the benefit of those members of the deceased person's family who
sustained damage because of his or her death.
10 Damages
(1) The court may award to the parties respectively for whose benefit
the action is brought, such damages as it may think proportioned to
the injury resulting from the death of the person injured.
(2) The amount of damages recovered under this section must, after
deducting the costs not recovered from the defendant, be divided
amongst the persons for whose benefit the action is brought in such
shares as the court determines.
(3) Damages in an action may include:
(a) the reasonable expenses of burial or disposal of the remains
of the deceased person that are incurred by a person for
whose benefit the action is brought; and
(b) the reasonable medical and hospital expenses of the
deceased person in relation to the injury that resulted in the
death of the deceased person that are incurred by a person
for whose benefit the action is brought; and
Compensation (Fatal Injuries) Act 1974 4
(c) if the deceased person is survived by a spouse or de facto
partner – damages for loss or impairment of consortium in the
same manner as damages would be assessed in a claim in
tort by a husband for damages for loss or impairment of
consortium; and
(d) if the deceased person customarily performed household
services – the reasonable expenses that would be incurred by
a person for whose benefit the action is brought in respect of
the hire of help to perform those services; and
(e) if the deceased person is survived by a child of his or her who
is an infant:
(i) the reasonable expenses that would be incurred by a
person on whose behalf the action is brought in respect
of the hire of a person to live in the home and care for
the infant until the infant attains the age of 18 years; and
(ii) damages on account of loss of care and guidance of the
child by the deceased person as a parent; and
(f) solatium.
(4) In assessing damages in action, no reduction must be made on
account of:
(a) a sum paid or payable on the death of, or personal injury to,
the deceased person under a contract of insurance; or
(b) a sum paid or payable out of a superannuation, provident or
like fund, or by way of benefit from a friendly society, benefit
society, lodge or trade union; or
(c) a sum paid or payable by any government or person
consequent upon the death or injury of the deceased person
and being:
(i) a payment instead of furlough or long service leave; or
(ii) a payment by way of pension, social service benefit or
repatriation benefit; or
(d) a sum paid or payable as a gratuity consequent upon the
death of the deceased person; or
(e) any sum in respect of the acquisition by a member of the
deceased person's family, consequent upon the death, of, or
an interest in, a dwelling used at any time as the home of the
member, or of, or of an interest in, the household contents of
Compensation (Fatal Injuries) Act 1974 5
any such dwelling; or
(f) a premium that would have become payable under a contract
of insurance in respect of the life of the deceased person if he
or she had lived beyond the time at which he or she died; or
(g) any other gain or benefits that have accrued or may accrue to
the deceased person's estate or to any person for whose
benefit an action is brought consequent upon the death of the
deceased person; or
(h) the marriage or entry into a de facto relationship, or the
prospects of doing so, of a surviving spouse or de facto
partner or a surviving former spouse or de facto partner.
(5) A payment made as a result of a settlement, release or judgment in
respect of the wrongful act, neglect or default causing his or death
made, given or obtained by the deceased person within the period
of 6 months after the commission or occurrence of the wrongful act,
neglect or default causing his or her death must be taken into
account in assessing damages in an action.
11 Contributory negligence
(1) Where a person dies as the result partly of his or her own wrong
and partly of the wrong of another person or other persons, and
accordingly, if an action were brought for the benefit of his estate
under Part II of the Law Reform (Miscellaneous Provisions)
Act 1956, the damages recoverable would be reduced, any
damages recoverable in an action under this Act must be reduced
to the same extent as if they were damages in an action so brought
for the benefit of the estate of the deceased person.
(2) In this section, wrong has the same meaning as in Part V of the
Law Reform (Miscellaneous Provisions) Act 1956.
12 Payment into court
(1) Where an action is brought under this Act, the defendant may pay
an amount of money into court as compensation for the benefit of
the persons for whose benefit the action is brought and who are
entitled to compensation under this Act.
(2) Where an amount of money is paid into court by way of
compensation, no portion of that amount must be paid out of court
except under an order of the court.
Compensation (Fatal Injuries) Act 1974 6
13 Alternative action where personal representative is not
appointed or does not bring action
(1) Where an action has not been commenced by and in the name of
the personal representative of a deceased person within 6 months
after the death of the deceased person, any one or more of the
persons for whose benefit an action may be brought may bring
such an action.
(2) An action brought by a person other than the personal
representative of the deceased person must be for the benefit of
the same persons and subject to the same provisions and
procedures, mutatis mutandis, as if it were brought by the personal
representative of the deceased person on behalf of those persons.
14 Special endorsement on writ of summons
The writ of summons or other process by which an action is
commenced must, in addition to any other endorsements required
or permitted to be made, be endorsed with a statement specifying
the names of each of the persons for whose benefit the action is
brought and the relationship of each of those persons to the
deceased person.
15 Powers of the court to make orders in relation to actions
(1) Where:
(a) an action has been commenced; and
(b) the court is satisfied that a person whose name is not included
in the names of the persons for whose benefit the action is
stated to have been brought is a person whose name should
have been so included;
the court may, on application made by or on behalf of that person,
or of its own motion, order the action to proceed as if the name of
that person had been so included.
(2) The court may order that any one or more of the persons for whose
benefit an action has been brought be separately represented by
counsel or solicitor, or both.
(3) Where the court makes an order under this section, the court may,
at the same time or subsequently, make such orders in relation to
procedure in the action as it thinks fit.
(4) The powers of the court under this section are in addition to, and
not in derogation of, any other powers of the court.
Compensation (Fatal Injuries) Act 1974 7
16 Provisions applicable where action tried before court with a
jury
If an action or the assessment of damages in an action is tried
before the court with a jury, the references in section 10 to the court
must be read as references to the jury before which the action is
tried.
ENDNOTES
Compensation (Fatal Injuries) Act 1974 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Compensation (Fatal Injuries) Ordinance 1974 (Act No. 36, 1974)
Assent date 23 September 1974
Commenced 23 September 1974
Transfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)
Assent date 9 December 1977
Commenced 1 January 1978 (s 6)
Status of Children Act 1978 (Act No. 16, 1979)
Assent date 26 January 1979
Commenced 21 September 1979 (Gaz G38, 21 September 1979, p 1)
Compensation (Fatal Injuries) Act 1979 (Act No. 68, 1979)
Assent date 26 June 1979
Commenced 1 July 1979 (s 2)
Statute Law Revision Act 1980 (Act No. 6, 1981)
Assent date 9 January 1981
Commenced 9 January 1981
Limitation Act 1981 (Act No. 87, 1981)
Assent date 21 September 1981
Commenced 26 February 1982 (Gaz G8, 26 February 1982, p 2)
Compensation (Fatal Injuries) Amendment Act 1982 (Act No. 89, 1982)
Assent date 14 December 1982
Commenced 20 May 1983 (Gaz G20 20 May 1983, p 4)
De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)
Assent date 24 December 1991
Commenced 1 January 1992 (s 2)
ENDNOTES
Compensation (Fatal Injuries) Act 1974 9
Compensation (Fatal Injuries) Amendment Act 2001 (Act No. 13, 2001)
Assent date 28 June 2001
Commenced 1 August 2001 (s 2, s 2 Law Reform (Miscellaneous
Provisions) Amendment Act 2001 (Act No. 12, 2001) and Gaz
G29, 25 July 2001, p 2)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date 7 January 2004
Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)
Statute Law Revision Act 2011 (Act No. 30, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Burial and Cremation Act 2022 (Act No. 16, 2022)
Assent date 9 August 2022
Commenced 28 November 2022 (Gaz S60, 23 November 2022)
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 66 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003
(Act No. 1, 2004)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5 and 11.
5 LIST OF AMENDMENTS
lt amd No. 6, 1981, s 4
s 1 amd No. 6, 1981, s 4
s 2 amd No. 6, 1981, s 4; No. 30, 2011, s 3
s 3 rep No. 51, 1977, s 3
s 4 amd No. 16, 1979, s 19; No. 6, 1981, s 4; No. 89, 1982, s 3; No. 82, 1991,
s 11; No. 1, 2004, s 62; No. 30, 2011, s 3; No. 16, 2022, s 222
s 5 sub No. 68, 1979, s 4
s 6 amd No. 6, 1981, s 4
s 7 amd No. 6, 1981, s 4; No. 30, 2011, s 3; No. 8, 2016, s 45
s 8 amd No. 30, 2011, s 3
s 9 rep No. 87, 1981, s 3
s 10 amd No. 1, 2004, s 62; No. 30, 2011, s 3; No. 16, 2022, s 222
s 11 amd No. 6, 1981, s 4; No. 13, 2001, s 3; No. 30, 2011, s 3
s 12 amd No. 6, 1981, s 4; No. 30, 2011, s 3
ss 13 – 16 amd No. 30, 2011, s 3