Northern Territory Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MOTOR ACCIDENTS (COMPENSATION) ACT - SECT 11

Partial exclusion from benefits

11. Partial exclusion from benefits

(1) If a person:

(a) is injured or dies in, or as a result of, a motor accident; and

(b) was, at the time of the accident, of or above the age of 16 years; and

(c) was not wearing a seat belt or safety helmet as required under the Traffic Act (or, if the motor accident occurred in another jurisdiction, the corresponding law of the relevant jurisdiction);

any statutory benefits payable to, or in relation to, the person (other than compensation for the cost of medical and rehabilitation services) are reduced by 25% of the amount otherwise payable.

Note

It should be noted that this provision applies only to an illegal failure to wear a seat belt or a safety helmet. It would not therefore be applicable if the injured person had the benefit of an exemption from the obligation to wear a seat belt or a safety helmet granted under the Motor Vehicles Act.

(2) If a person:

(a) is injured or dies in or as a result of a motor accident; and

(b) is insured under a policy of insurance or entitled to compensation under a compensation scheme (other than a workers compensation scheme);

any statutory benefits payable to, or in relation to, the person are reduced by the amount of the entitlement to insurance or compensation that arises, apart from this Act, in respect of the death or injury.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]