Northern Territory Consolidated Acts Northern Territory Consolidated Acts9. Exclusions from certain benefits
(1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the person was driving a motor vehicle; and
(b) the 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:
(a) the concentration of alcohol in the injured person's blood is shown to have been 80 milligrams or more in 100 millilitres of blood within 2 hours of the time of the motor accident; or
(b) the injured person, having been lawfully required to submit to breath analysis, or to provide a sample of blood, failed to do so;
the Board is to presume that the influence of the alcohol contributed to the accident unless the contrary is established.
(3) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the injured person's conduct contributed, in the Board's opinion, to the accident; and
(b) the injured person has been found guilty in respect of that conduct (by a court of the Territory or another jurisdiction) of:
(i) manslaughter; or
(ii) an offence of which an element is an intentional, reckless or criminally negligent act or omission that causes serious harm to, or endangers the life, health or safety of, another or others; or
(iii) an offence of which an element is dangerous driving.
(4) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was in a motor vehicle; and
(b) the motor vehicle was engaged in, or in preparations for, a race, competition or trial.
(5) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was engaged in conduct that created a substantial risk of injury to the injured person; and
(b) the injured person recklessly ignored the risk.
Note
This subsection applies whether the injured person is the driver, a passenger, a cyclist or pedestrian or involved in the accident in some other way but is not intended to apply to conduct (such as a failure to wear a safety belt or safety helmet) for which other specific provision is made.
(6) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was driving a motor vehicle; and
(b) one of the following applies:
(i) the injured person had never held a licence to drive a motor vehicle of the relevant class under a law of the Territory or another jurisdiction;
(ii) the injured person had held such a licence but it was, at the time of the accident, under suspension (for reasons other than for the enforcement of a fine or penalty);
(iii) the injured person had held such a licence but it had been cancelled;
(iv) the injured person had held such a licence but it had lapsed or expired at least 3 months before the date of the motor accident;
(v) the injured person held such a licence but was driving the motor vehicle in breach of conditions on which the person was authorised to drive the motor vehicle;
(but if the circumstances in which the vehicle was being driven amounted, in the opinion of the Board, to an emergency, this subsection does not apply).
(7) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the motor vehicle was unregistered and had been unregistered (in circumstances in which registration was required) for a period of at least 3 months; and
(b) the injured person is the owner or driver of the unregistered motor vehicle and, if the driver, knew or ought to have known that the vehicle was unregistered;
(but if the circumstances in which the vehicle was being driven amounted, in the opinion of the Board, to an emergency, this subsection does not apply).
(8) The benefits to which this section applies are:
(a) compensation for loss of earning capacity; and
(b) lump sum compensation for a permanent impairment.