Northern Territory Consolidated Acts Northern Territory Consolidated Acts4. Application of Act
(1) This Act applies in relation to all civil claims for damages for personal injuries, other than those excluded by virtue of this section, whether the claims arise under the common law or a statute.
(2) This Act, other than Part 4, Division 6, applies only in relation to a personal injury alleged to have been caused by an incident that occurs after the commencement of this Act.
(3) The following claims are excluded from the application of this Act other than Part 4, Division 6:
(a) a claim for benefits in respect of a death or an injury as a result of an accident within the meaning of the Motor Accidents (Compensation) Act ;
(b) a claim for compensation within the meaning of the Workers Rehabilitation and Compensation Act ;
(c) a claim for damages for a personal injury that is a dust-related condition;
(e) a claim, in relation to the supply of certain goods, in respect of loss or damage in the nature of a personal injury that is referred to -
(i) in section 26, 31, 37 or 39 of the Consumer Affairs and Fair Trading Act or in a substantially similar provision of consumer protection and fair trading legislation of a State or another Territory of the Commonwealth; or
(ii) in section 65C, 65D or 65H of the Trade Practices Act 1974 of the Commonwealth.
(4) The Regulations may exclude a claim or class of claim from the operation of this Act or a provision of this Act other than Part 4, Division 6.
(5) In this section -
dust-related condition means -
(a)
aluminosis, asbestosis, asbestos induced carcinoma, asbestos related pleural
disease, bagassosis, berylliosis, byssinosis, coal dust pneumoconiosis,
farmer's lung, hard metal pneumoconiosis, mesothelioma, silicosis,
silico-tuberculosis or talcosis; or
(b) any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust.