PUBLIC HEALTH ACT 1997 - SECT 122 Compensation
PUBLIC HEALTH ACT 1997 - SECT 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).
(4) In this section:
"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