Northern Territory Consolidated Acts Northern Territory Consolidated Acts20A. Reduction of benefits in certain cases
(1) The Board may reduce benefits payable under this Part if:
(a) the accident resulting in the death of the qualifying person occurred while that person was driving a motor vehicle; and
(b) the qualifying person was under the influence of alcohol or a drug to such an extent that the person was, by driving a motor vehicle, committing an offence against relevant laws regulating road traffic; and
(c) the influence of the alcohol or drug contributed, in the Board's opinion, to the accident.
(2) If the concentration of alcohol in the qualifying person's blood is shown to have been 80 milligrams or more in 100 millilitres of blood, the Board is to presume that the influence of the alcohol contributed to the accident unless the contrary is established.
(3) The Board may reduce benefits payable under this Part if:
(a) the accident occurred while the qualifying person was engaged in conduct that created a substantial risk of injury to the qualifying person; and
(b) the qualifying person recklessly ignored the risk.
Note
This subsection applies whether the qualifying person was the driver, a passenger, a cyclist or pedestrian or involved in the accident in some other way.
(4) A reduction of benefits under this section is to be a proportion of the benefits otherwise payable considered appropriate by the Board having regard to the extent to which the influence of alcohol or the drug or the qualifying person's risky conduct (as the case requires) contributed to the accident.