The statutory indemnity under s 38(1) of the Motor Accidents (Compensation) Act 1979 (NT) is confined to benefits that are 'payable' under the Act, meaning benefits for which there is a legal entitlement with a legally enforceable obligation to pay. Benefits paid without compliance with the prescribed eligibility criteria — including the mandatory certification requirement under reg 4F(4) of the Regulations — are not within the scope of the indemnity. The Commission's failure to comply with statutory prerequisites does not affect the injured claimant's right to retain benefits already received, but does defeat the Commission's right to recover those amounts from a third-party indemnifier.
The full text is available to signed-in members.