Northern Territory Consolidated Acts

PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT - SECT 23

(1) A court may award damages for the provision of gratuitous services only if the court is satisfied -

(a) that there is or was a reasonable need for the services;

(b) that the need for the services is or was solely because of the personal injury to which the damages relate; and

(c) that the services would not be provided, or would not have been provided, but for the personal injury to which the damages relate.

(2) A court may award damages for gratuitous services only if the services are provided or are to be provided -

(a) for 6 hours or more per week; and

(b) for 6 months or more.

(3) If gratuitous services are provided or are to be provided for 40 or more hours per week, damages for the provision of those services are not to exceed average weekly earnings -

(a) in respect of the whole or part of a quarter occurring between the date of the personal injury and the date of the award - for that quarter; or

(b) in respect of the whole or part of any other quarter - for the most recent quarter occurring before the date of the award for which average weekly earnings have been published.

(4) If gratuitous services are provided or are to be provided for less than 40 hours per week, damages for the provision of those services are not to exceed the amount calculated at an hourly rate of one-fortieth of the amount assessed in accordance with subsection (3)(a) or (b), as applicable.

(5) In assessing damages for the provision of gratuitous services, the court must take into account -

(a) any offsetting benefit the service provider obtains as a result of providing the services; and

(b) periods for which the injured person has not required or is not likely to require the services because the injured person has been or is likely to be cared for in a hospital or other institution.

(6) This section does not affect any other law relating to the value of attendant care services except as provided by this section.