Northern Territory Consolidated Acts

PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT - SECT 27

(1) The maximum amount of damages a court may award for non-pecuniary loss is -

(a) on the commencement of this Part until the first declaration under section 28 takes effect - $350 000; and

(b) at any time after the first declaration under section 28 takes effect - the amount declared and in force under section 28 at the time of the award.

(2) A court must not award damages for non-pecuniary loss if the court determines the degree of permanent impairment to be less than 5% of the whole person.

(3) When awarding damages for non-pecuniary loss, a court must award the following amount:

(a) if the court determines the degree of permanent impairment to be 85% or more of the whole person - the maximum amount;

(b) if the court determines the degree of permanent impairment to be not less than 15% and not more than 84% of the whole person - the relevant percentage of the maximum amount;

(c) if the court determines the degree of permanent impairment to be a percentage of the whole person specified in column 1 of the Table - the amount specified in column 2 opposite the relevant percentage.

TABLE

Column 1

Column 2

Degree of permanent impairment as percentage of whole person

Amount of damages to be awarded

not less than 5% but less than 10%

2% of the maximum amount

10%

3% of the maximum amount

11%

4% of the maximum amount

12%

6% of the maximum amount

13%

8% of the maximum amount

14%

12% of the maximum amount

(4) In subsection (3) -

maximum amount means the maximum amount a court may award in accordance with subsection (1).