Northern Territory Consolidated Acts

MOTOR ACCIDENTS (COMPENSATION) ACT - SECT 4

(1) In this Act, unless the contrary intention appears -

approved form means a form approved by the Office 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.

Board means the Board of the Office.

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

(a) an unborn child; or

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

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

(a) the child:

(i) has not attained the age of 16 years; or

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

(b) the child is not the spouse of another person; 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 a person employed by the Office and appointed as the designated person for the purposes of this Act.

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 from the obligation to hold a licence, permit or other authority to drive a motor vehicle).

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

medical practitioner means a person registered, and practising, as a medical practitioner in Australia.

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:

(a) a vehicle that runs on rails; or

(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.

nursing care means care provided by a nurse registered under the Health Practitioners Act , or the corresponding law of another jurisdiction, who is authorised under the terms of registration to provide nursing services otherwise than as a member of the nursing staff of a hospital or other institution.

Office means the Territory Insurance Office established by the Territory Insurance Office Act .

permanent impairment , see section 4C.

prescribed discount rate means:

(a) the discount rate fixed by regulation; or

(b) if the discount rate is not fixed by regulation - 6%.

public place , see the Motor Vehicles Act .

public street , see the Motor Vehicles Act .

resident of the Territory , see section 4B.

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;

(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 Board, was wholly or substantially dependent upon the person at that time;

(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;

(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 Board, was wholly or substantially dependent upon the person at that time; or

(e) if the person is an Aboriginal or Torres Strait Islander -

(i) a person referred to in paragraphs (a), (b) or (c); 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 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 - a motor vehicle is to be regarded as unregistered if:

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

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

(but a motor vehicle exempted from registration by the Registrar of Motor Vehicles under the Motor Vehicles Act is not to be regarded as unregistered while the exemption remains in force).

workers compensation legislation means the Workers Rehabilitation and Compensation Act or the corresponding legislation of another jurisdiction.

(2) The Board shall, in writing, appoint a person employed by the Office to be the designated person for the purposes of this Act.