Motor Accidents (Compensation) Act 1979

In this Act:

approved form means a form approved by the Commission in writing.

attendant care services, see section 4D.

average weekly earnings, for a particular calendar year, means the Average Weekly Earnings for Full Time Adult Persons, Weekly Ordinary Time Earnings for the Northern Territory last published by the Australian Statistician before the commencement of the relevant calendar year.

child, of a person (the parent), includes:

(b) a person in relation to whom the parent stands or stood in loco parentis.

claim, for Part 6, see section 26.

claimant, for Part 6, see section 26.

Commission, see section 3 of the Motor Accidents (Compensation) Commission Act 2014.

conditionally registered, see section 4DA(3).

dependent child – a child of a person (the parent) is a dependent child if:

(ii) has not attained the age of 21 years and is a full-time student or physically or mentally handicapped; and

(c) the child is dependent on the parent for financial support or, in the case of an unborn child, there is a reasonable expectation that the child will be dependent on the parent for financial support.

dependent parent, in relation to a person, includes an adoptive parent, a stepfather, a stepmother, a grandfather, a grandmother and a parent of the spouse of the person who, at the time of the accident, is primarily dependent on the person for financial support.

designated person, means the person holding or occupying the office of designated person mentioned in section 27.

eligible person means a person who is entitled to statutory benefits.

(indexed) indicates that the sum of money to which it relates increases or decreases on 1 January of each year in proportion to the increase or decrease of average weekly earnings for the relevant year.

jurisdiction means the Commonwealth, a State or Territory.

licence means a licence, permit or other authority to drive a motor vehicle under the law of the Territory or another jurisdiction (and includes an exemption granted by the Registrar of Motor Vehicles under the Motor Vehicles Act 1949 from the obligation to hold a licence, permit or other authority to drive a motor vehicle).

medical and rehabilitation services, see section 18(2).

motor accident, see section 4A.

motor vehicle means a vehicle designed to be self-propelled and includes a trailer when attached to such a vehicle but does not include:

(b) a motorised wheelchair that is not capable of travelling at a speed greater than 10 km/h; or

(c) a cycle powered by an engine with a power output not exceeding 200 watts.

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student).

nursing care means care provided by a nurse other than as a member of the nursing staff at a hospital or other institution.

original decision, for Part 6, see section 28A(1).

permanent impairment, see section 4C.

prescribed discount rate means:

public place, see the Motor Vehicles Act 1949.

public street, see the Motor Vehicles Act 1949.

registered, see section 4DA(4).

resident of the Territory, see section 4B.

review decision, for Part 6, see section 28B(1)(c).

spouse, in relation to a person, means:

(a) a spouse of the person who, at the relevant time, was living with the person on a bona fide domestic basis; or

(b) a spouse of the person who, at the relevant time, was not living with the person on a bona fide domestic basis but, in the opinion of the Commission, was wholly or substantially dependent upon the person at that time; or

(c) a de facto partner of the person who had been the person's de facto partner for a continuous period of at least 2 years immediately preceding that time; or

(d) a de facto partner of the person who had not been the person's de facto partner for a continuous period of at least 2 years immediately preceding the relevant time but who, in the opinion of the Commission, was wholly or substantially dependent upon the person at that time; or

(ii) an Aboriginal or Torres Strait Islander to whom the person is married according to the customs and traditions of the particular community of Aboriginals or Torres Strait Islanders with which either person identifies.

statutory benefits means compensation or other benefits payable under this Act.

Territory motor vehicle means a motor vehicle currently registered under the Motor Vehicles Act 1949 and includes a motor vehicle currently registered under the Interstate Road Transport Act 1985 (Cth) where the vehicle was last registered (or re‑registered) in the Territory.

Tribunal means the Motor Accidents (Compensation) Appeal Tribunal established by section 28.

unregistered, see section 4DA(1).

workers compensation legislation means the Return to Work Act 1986 or the corresponding legislation of another jurisdiction.

(2) A motor accident is caused by or arises out of the use of a motor vehicle if, and only if, it results directly from:

(c) a collision, or action to avoid a collision, with the motor vehicle (whether the motor vehicle is stationary or moving).

(3) If a person renders assistance, or attempts to render assistance, at the scene of a motor accident and, as a result of doing so, dies or is injured, the accident is taken to have resulted in the death or injury.

(1) The question whether an impairment or combination of impairments is permanent and, if so, the extent of the permanent impairment is to be determined by the Commission.

(a) in accordance with the edition of the American Medical Association Guides to the Evaluation of Permanent Impairment prescribed by regulation as modified by regulation; and

(3) The extent of a permanent impairment is to be expressed as a percentage of the whole person in accordance with the relevant Guides.

(4) An impairment is not considered to be a permanent impairment unless the extent of the impairment as assessed in accordance with this section is at least 5%.

(1) Attendant care services are personal and household services reasonably required by an injured person as a result of the injury.

(c) services provided in, or provided while the injured person is in, a hospital, nursing home or other institution for the treatment, rehabilitation or care of injured persons.

household services means services of a domestic nature (including cooking, house cleaning, laundry, and gardening) for running and maintaining the injured person's household.

personal services means services for the essential and regular personal care of the injured person.

(a) it is neither registered under the Motor Vehicles Act 1949 nor the corresponding law of another jurisdiction and is not deemed to be registered for the purposes of the Traffic Act 1987; or

(b) it is deemed to be unregistered for the purposes of the Traffic Act 1987.

(2) However, a motor vehicle is not to be regarded as unregistered if:

(a) an exemption from registration issued by the Registrar of Motor Vehicles under the Motor Vehicles Act 1949 is in force for the vehicle; or

(b) the motor vehicle is being driven while bearing a trader's plate in accordance with section 35 of the Motor Vehicles Act 1949.

(3) A motor vehicle is conditionally registered if it is registered under the Motor Vehicles Act 1949 or the corresponding law of another jurisdiction subject to any condition or restriction.

(4) A motor vehicle is registered if it is not unregistered or conditionally registered.

(1) An action for damages does not lie (either at common law or by statute) for the death of, or injury to, a person arising from a motor accident that occurs in the Territory.

(a) that this section should apply within and outside the Territory; and

(b) that it should apply outside the Territory to the full extent of the extraterritorial legislative capacity of the Territory.

(1) Subject to subsections (2) and (3), the Commission must indemnify the owner or driver of a Territory motor vehicle for any relevant liability incurred in respect of the death of, or injury to, a person arising from a motor accident caused by, or arising out the use of, the motor vehicle outside the Territory but within Australia.

(2) The Commission is not bound to indemnify a person under subsection (1) where that person is already indemnified under any contract of insurance or under the law applicable in the place where the accident occurred.

(a) a liability for damages (but not for exemplary or punitive damages); or

(b) if the death or injury is compensated under a statutory scheme and the owner or driver is liable to the administrator of the statutory scheme – the liability to the administrator of the statutory scheme.

(4) A person who is entitled to be indemnified under subsection (1) must co-operate with the Commission in respect of any action for damages in respect of the accident.

(5) Without limiting subsection (4), the person must provide any information that the Commission may reasonably require and attend to any matter that is reasonably incidental to the defence of any action for damages in respect of the accident.

(6) If a person fails to comply with obligations under subsection (4) or (5) and the Commission incurs expense or suffers other prejudice in consequence of the failure, the Commission may recover compensation from the person for the expense or other prejudice, as a debt, by action in a court of competent jurisdiction.

Part 3 Entitlement to benefits