The term 'with continuing disability' in Part 2 of Schedule 3 of the Victims of Crime Assistance Regulations 2007 (NT) requires only that the victim suffers some lack of physical ability, incapacity or restriction of mobility at the time of assessment — no minimum level or duration of disability is required. On appeal from NTCAT on a question of law under s 141 of the NTCAT Act, the Supreme Court may make findings of fact on uncontested evidence or primary facts already found, following [name withheld], and is not confined to cases where the legal answer alone is determinative. The statutory mitigation test under s 41(1)(c) of the Act is distinct from contributory negligence.
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