The discretion under s 31(2) of the Motor Accidents (Compensation) Act (NT) to consider late claims is unconfined and not conditioned by the 'as soon as practicable' requirement in s 31(1). Ignorance of legal rights, particularly in the context of the Northern Territory's cultural and ethnic diversity, is a relevant factor in exercising the discretion. Compensation for loss of earning capacity under s 13(1) requires a real and demonstrated capacity to earn income; a person who has never earned income and has only performed unpaid domestic work has not demonstrated such a capacity.
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