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Public Health Act 1997
122Compensation
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122 Compensation
(1) An eligible person may apply to the Minister for compensation in
relation to any loss or damage suffered by a person as a result of
anything done in the exercise of a function under this part, being a
function exercised while an emergency declaration was in force.
(2) Compensation is payable by the Territory to an eligible person in an
amount the Minister considers appropriate, having regard to the loss
or damage suffered by the person.
(3) Compensation is not payable to an eligible person—
(a) in relation to any loss or damage suffered because of the action
or inaction of the person who suffered the loss or damage; or
(b) in relation to any loss or damage that caused or contributed to
the public health emergency; or
(c) in relation to any loss or damage suffered as a result of anything
done in the exercise of a function under this part in relation to a
COVID-19 emergency declaration while the declaration was in
force, except anything done in relation to a direction given under
section 120 (1) (f).
eligible person, in relation to loss or damage mentioned in
subsection (1), means—
(a) the person who suffered the loss or damage; or
(b) if the damage suffered by a person mentioned in paragraph (a)
results in the person’s death—a member of the dead person’s
family who has suffered loss or damage because of the death.
member, of a dead person’s family—see the Civil Law (Wrongs)
Act 2002, section 23.