Northern Territory Consolidated Acts

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MOTOR ACCIDENTS (COMPENSATION) ACT - SECT 10

Exclusion from all benefits

10. Exclusion from all benefits

(1) No benefits are payable under this Act for a person's injury or death in, or as a result of, a motor accident if the person:

(a) was, under a law of the Territory or another jurisdiction, criminally responsible for the theft or unlawful use of a motor vehicle involved in the accident (whether or not the person's guilt has been established in criminal proceedings); or

(b) was using a motor vehicle involved in the accident for or in connection with the commission of an indictable offence (against a law of the Territory or some other jurisdiction); or

(c) was using a motor vehicle involved in the accident to escape from the scene of, or to avoid apprehension or escape detention for, an offence (against a law of the Territory or some other jurisdiction); or

(d) was using a motor vehicle involved in the accident intending to inflict death or injury on himself, herself or another.

(2) No benefits are payable under this Act for a person's injury or death in, or as a result of, a motor accident if the injury or death:

(a) is compensable under workers compensation legislation; or

(b) would have been so compensable but for the fact that the person's injury or death:

(i) was deliberately self-inflicted; or

(ii) is attributable to the person's serious and wilful misconduct.

(3) If a person is excluded from benefits under this section and also (but to a more limited extent) under some other provision of this Act, the total exclusion from benefits under this section subsumes the more limited exclusion under the other provision.



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