Northern Territory Consolidated Acts

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MOTOR ACCIDENTS (COMPENSATION) ACT - SECT 43

Transitional provisions

43. Transitional provisions

(1) This Act, as amended by the Motor Accidents (Compensation) Amendment Act 2007 , applies to, and in relation to, a motor accident that occurs on or after the commencement of that amending Act.

(2) This Act, as in force before the commencement of the Motor Accidents (Compensation) Amendment Act 2007 applies to, and in relation to, a motor accident that occurred before the commencement of that amending Act.

(3) However:

(a) the amendments to Part VI take effect in relation to proceedings related to motor accidents occurring both before and after the commencement of the Motor Accidents (Compensation) Amendment Act 2007 as from the commencement of that amending Act; and

(b) a person injured in or as a result of a motor accident that occurred before the commencement of the Motor Accidents (Compensation) Amendment Act 2007 who would, if the accident had occurred after the commencement of that amending Act, be entitled to benefits for attendant care services under section 18B is entitled to have benefits for attendant care services determined under that section instead of the previous provisions for the payment of such benefits.

Schedule. Injuries in respect of which special compensation is payable

section 17(1)

Column 1

Column 2

Injury

Percentage

Loss of, or total loss of sight of, both eyes

100

Loss of, or total loss of sight of, a useful eye, the other being blind or absent

100

Loss of both hands

100

Loss of hand and foot

100

Loss of both feet

100

Loss of, or total loss of sight of, one eye with serious diminution of the sight of the other

75

Loss of, or total loss of sight of, one eye

40

Total loss of hearing

70

Complete deafness of one ear

20

Total loss of power of speech

70

Loss of genitals

50

Total and permanent loss of capacity to engage in sexual intercourse

50

Severe and permanent facial disfigurement

50

Total and permanent loss of sense of taste or smell

10

Loss of arm at or above elbow

80

Loss of arm below elbow, loss of hand or loss of thumb and 4 fingers of the one hand

70

Loss of thumb

30

Loss of forefinger

20

Loss of middle finger

16

Loss of ring finger

14

Loss of little finger

13

Total loss of movement of joint of thumb

14

Loss of distal phalanx or joint of thumb

16

Loss of portion of terminal segment of thumb involving one-third of its flexor surface without loss of distal phalanx or joint

14

Loss of 2 phalanges or joints of forefinger

12

Loss of 2 phalanges or joints of middle or ring finger

11

Loss of 2 phalanges or joints of little finger

10

Loss of distal phalanx or joint of forefinger

10

Loss of distal phalanx or joint of other finger

8

Loss of leg at or above knee

75

Loss of leg below knee

65

Loss of foot

60

Loss of great toe

20

Loss of any other toe

8

Loss of 2 phalanges or joints of any other toe

7

Loss of phalanx or joint of great toe

10

Loss of phalanx or joint of any other toe

6

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

Motor Accidents (Compensation) Act 1979 (Act No. 75, 1979)

Assent date

29 June 1979

Commenced

1 July 1979 (s 2)

Motor Accidents (Compensation) Act (No. 2) 1979 (Act No. 117, 1979)

Assent date

15 October 1979

Commenced

1 July 1979 (s 2)

Motor Accidents (Compensation) Amendment Act 1981 (Act No. 111, 1981)

Assent date

24 December 1981

Commenced

1 July 1981 (s 2)

Motor Accidents (Compensation) Amendment Act 1982 (Act No. 47, 1982)

Assent date

20 July 1982

Commenced

ss 4 and 10: 1 July 1979; ss 7 to 9: 1 February 1982; rem: 20 July 1982 (s 2)

Statute Law Revision Act (No. 2) 1982 (Act No. 54, 1982)

Assent date

8 October 1982

Commenced

8 October 1982

Motor Accidents (Compensation) Amendment Act 1984 (Act No. 3, 1984)

Assent date

3 April 1984

Commenced

s 4: 1 January 1984; ss 5 and 6: 1 July 1979;
rem: 1 August 1984 ( Gaz S40, 1 August 1984)

Motor Accidents (Compensation) Amendment Act (No. 2) 1984 (Act No. 8, 1984)

Assent date

28 June 1984

Commenced

1 July 1984 ( Gaz S34, 29 June 1984)

Motor Accidents (Compensation) Amendment Act 1985 (Act No. 36, 1985)

Assent date

18 September 1985

Commenced

18 September 1985

Motor Accidents (Compensation) (Costs in Proceedings Before the Appeal Tribunal) Act 1985 (Act No. 51, 1985)

Assent date

1 October 1985

Commenced

1 October 1985

Motor Accidents (Compensation) Amendment Act 1986 (Act No. 32, 1986)

Assent date

19 September 1986

Commenced

1 October 1986 ( Gaz S70, 1 October 1986, p 2)

Motor Accidents (Compensation) Amendment Act (No. 2) 1986 (Act No. 51, 1986)

Assent date

19 December 1986

Commenced

1 January 1987 ( Gaz S90, 24 December 1986)

Statute Law Revision Act 1987 (Act No. 9, 1987)

Assent date

27 May 1987

Commenced

27 May 1987

Motor Accidents (Compensation) Amendment Act 1989 (Act No. 51, 1989)

Assent date

20 September 1989

Commenced

8 November 1989 (s 2, s 2 Territory Insurance Office Amendment Act 1989 (Act No. 36, 1989) and Gaz G44, 8 November 1989, p 2)

Motor Accidents (Compensation) Amendment Act (No. 2) 1989 (Act No. 61, 1989)

Assent date

26 October 1989

Commenced

8 November 1989 ( Gaz G44, 8 November 1989, p 3)

Motor Accidents (Compensation) Amendment Act 1991 (Act No. 8, 1991)

Assent date

7 March 1991

Commenced

1 July 1990 (s 2)

Statute Law Revision Act 1991 (Act No. 31, 1991)

Assent date

25 June 1991

Commenced

25 June 1991

Motor Accidents (Compensation) Amendment Act (No. 2) 1991 (Act No. 48, 1991)

Assent date

26 September 1991

Commenced

15 October 1991 ( Gaz S35, 15 October 1991)

De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)

Assent date

24 December 1991

Commenced

1 January 1992 (s 2)

Statute Law Revision Act 1994 (Act No. 50, 1994)

Assent date

20 September 1994

Commenced

20 September 1994

Motor Accidents (Compensation) Amendment Act 1994 (Act No. 77, 1994)

Assent date

30 December 1994

Commenced

30 December 1994

Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)

Assent date

19 April 1996

Commenced

1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)

Motor Accidents (Compensation) Amendment Act 1997 (Act No. 16, 1997)

Assent date

11 April 1997

Commenced

6 August 1997 ( Gaz G31, 6 August 1997, p 2)

Motor Accidents (Compensation) Amendment Act 1998 (Act No. 40, 1998)

Assent date

27 May 1998

Commenced

27 May 1998

Motor Accidents (Compensation) Amendment Act 2000 (Act No. 24, 2000)

Assent date

27 June 2000

Commenced

1 September 2000 ( Gaz G34, 30 August 2000, p 3)

Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)

Assent date

29 June 2001

Commenced

15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)

Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001)

Assent date

11 December 2001

Commenced

1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3)

Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)

Assent date

11 December 2001

Commenced

11 December 2001

Motor Accidents (Compensation) Amendment Act 2002 (Act No. 73, 2002)

Assent date

11 December 2002

Commenced

s 5: 1 July 1979; rem: 11 December 2002 (s 2)

Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)

Assent date

7 January 2004

Commenced

17 March 2004 ( Gaz G11, 17 March 2004, p 8)

Motor Accidents (Compensation) Amendment Act 2007 (Act No. 9, 2007)

Assent date

17 May 2007

Commenced

1 July 2007 ( Gaz G25, 20 June 2007, p 3)

Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)

Assent date

12 December 2007

Commenced

1 July 2008 ( Gaz S29, 25 June 2008)

3 SAVINGS AND TRANSITIONAL PROVISIONS

s 11 Motor Accidents (Compensation) Amendment Act 1982 (Act No. 47, 1982)

s 12 Motor Accidents (Compensation) Amendment Act 1984 (Act No. 3, 1984)

s 18 Motor Accidents (Compensation) Amendment Act (No. 2) 1984 (Act No. 8, 1984)

s 3(2) Motor Accidents (Compensation) (Costs in Proceedings Before the Appeals Tribunal) Act 1985 (Act No. 51, 1985)

s 5(2) Motor Accidents (Compensation) Amendment Act 1989 (Act No. 51, 1989)

s 4 Motor Accidents (Compensation) Amendment Act 1991 (Act No. 8, 1991)

s 15 Motor Accidents (Compensation) Amendment Act (No. 2) 1991 (Act No. 48, 1991)

s 11(3) De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)

s 8 Motor Accidents (Compensation) Amendment Act 2000 (Act No. 24, 2000)

ss 4 and 6 Motor Accidents (Compensation) Amendment Act 2002 (Act No. 73, 2002)

s 77 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)

4 LIST OF AMENDMENTS

s 4 amd No. 117, 1979, s 4; No. 8, 1984, s 4; No. 32, 1986, s 4; No. 51, 1986, s 3; No. 51, 1989, s 4; No. 61, 1989, s 4; No. 48, 1991, s 4; No. 82, 1991, s 11; No. 16, 1997, ss 4 and 13; No. 17, 2001, s 21; No. 1, 2004, s 62; No. 9, 2007, s 4; No. 30, 2007, s 59

ss 4A - 4D ins No. 9, 2007, s 5

s 5 amd No. 8, 1984, s 5

sub No. 61, 1989, s 5

amd No. 48, 1991, s 5

sub No. 16, 1997, s 5

amd No. 24, 2000, s 4

sub No. 9, 2007, s 6

s 6 amd No. 117, 1979, s 5; No. 24, 2000, s 5; No. 9, 2007, s 7

s 7 amd No. 117, 1979, s 6

sub No. 9, 2007, s 8

s 8 amd No. 61, 1989, s 6

rep No. 9, 2007 , s 8

s 9 amd No. 47, 1982, s 4; No. 3, 1984, s 4; No. 8, 1984, s 6; No. 17, 1996, s 6; No. 16, 1997, s 6; No. 24, 2000, s 6; No. 60, 2001, s 11

sub No. 9, 2007 , s 9

s 10 amd No. 117, 1979, s 7

sub No. 8, 1984, s 7

amd No. 36, 1985, s 2; No. 9, 1987, s 2; No. 31, 1991, s 14; No. 50, 1994, s 16

sub No. 9, 2007 , s 9

s 11 rep No. 48, 1991, s 6

ins No. 9, 2007, s 9

s 12 amd No. 61, 1989, s 7; No. 16, 1997, s 7; No. 9, 2007, s 10

s 13 amd No. 47, 1982, s 5; No. 32, 1986, s 5; No. 61, 1989, s 8; No. 48, 1991, s 7; No. 16, 1997, s 8; No. 73, 2002, s 5; No. 9, 2007, s 11

s 14 amd No. 47, 1982, s 6; No. 61, 1989, s 9; No. 1, 2004, s 62

s 15 amd No. 16, 1997, s 13; No. 62, 2001, s 15

rep No. 9, 2007, s 12

s 16 amd No. 32, 1986, s 6

rep No. 9, 2007, s 12

s 17 amd No. 47, 1982, s 7; No. 8, 1984, s 8

sub No. 61, 1989, s 10

amd No. 48, 1991, s 8; No. 9, 2007, s 13

s 18 amd No. 111, 1981, s 3; No. 8, 1984, s 9; No. 61, 1989, s 11; No. 8, 1991, s 3; No. 48, 1991, s 9; No. 16, 1997, s 9

sub No. 9, 2007, s 14

s 18A ins No. 61, 1989, s 12

amd No. 16, 1997, s 10

sub No. 9, 2007, s 14

s 18B ins No. 61, 1989, s 12

amd No. 40, 1998, s 2

sub No. 9, 2007, s 14

s 18C ins No. 9, 2007, s 14

s 19 amd No. 61, 1989, s 13; No. 48, 1991, s 10

sub No. 9, 2007, s 14

s 20 amd No. 61, 1989, s 14

sub No. 9, 2007, s 15

s 20A ins No. 9, 2007, s 15

s 21 amd No. 16, 1997, s 13

s 22 amd No. 47, 1982, s 8

sub No. 3, 1984, s 5

amd No. 8, 1984, s 10

sub No. 32, 1986, s 7; No. 48, 1991, s 11

amd No. 9, 2007, s 16

s 23 amd No. 47, 1982, s 9

sub No. 3, 1984, s 5

amd No. 8, 1984, s 11

rep No. 32, 1986, s 7

ins No. 48, 1991, s 11

s 24 amd No. 8, 1984, s 12; No. 32, 1986, s 8

sub No. 48, 1991, s 12

pt VA hdg ins No. 9, 2007, s 17

s 25 amd No. 3, 1984, s 6; No. 8, 1984, s 13; No. 32, 1986, s 9

rep No. 48, 1991, s 13

ins No. 9, 2007, s 17

s 26 amd No. 8, 1984, s 14

rep No. 48, 1991, s 13

s 27 sub No. 3, 1984, s 7

amd No. 32, 1986, s 10; No. 51, 1989, s 5; No. 16, 1997, s 11; No. 9, 2007, s 18

s 28 amd No. 3, 1984, s 8; No. 36, 1985, s 3

sub No. 9, 2007, s 19

s 29 amd No. 3, 1984, s 9

s 29A ins No. 3, 1984, s 10

s 29B ins No. 51, 1985, s 3(1)

rep No. 51, 1985, s 3(2)

s 30A ins No. 32, 1986, s 11

s 31 amd No. 77, 1994, s 2; No. 16, 1997, s 12

s 33 amd No. 3, 1984, s 11; No. 61, 1989, s 15; No. 48, 1991, s 14

s 36 amd No. 51, 1989, s 6

s 37 amd No. 54, 1982, s 2; No. 32, 1986, s 12; No. 1, 2004, s 62

s 38 amd No. 117, 1979, s 8; No. 8, 1984, s 15; No. 17, 1996, s 6; No. 24, 2000, s 7

sub No. 9, 2007, s 20

s 39 rep No. 8, 1984, s 16

s 40A ins No. 117, 1979, s 9

amd No. 47, 1982, s 10

rep No. 9, 2007, s 21

s 41 rep No. 9, 2007, s 21

pt VIII hdg ins No. 9, 2007, s 22

s 43 ins No. 9, 2007, s 22

sch sub No. 8, 1984, s 17



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