Northern Territory Consolidated Acts Northern Territory Consolidated Acts5. Application of Act
(1) Subject to this section, this Act applies in relation to a claim for damages for a personal injury that occurs on or after the commencement day.
(2) Subject to this section, this Act applies in relation to a claim for damages for a personal injury -
(a) that occurred before the commencement day;
(b) in respect of which no proceeding has been commenced; and
(c) in respect of which the limitation period has not expired.
(3) This Act applies in relation to a claim referred to in subsection (2) as if the period within which a notice of claim is to be given under section 8(1) were 12 months after the commencement day.
(4) The following claims are excluded from the application of this Act:
(a) a claim for damages for a personal injury in respect of which a proceeding has been commenced before the commencement day;
(b) a claim for damages for a personal injury in respect of which no proceeding has been commenced and the limitation period expired before the commencement day;
(c) a claim for damages for a personal injury if the injured person is under 18 years of age at the expiry of the period within which section 8(1) requires the person's notice of claim to be given, whether or not by virtue of subsection (3);
(d) a claim for benefits, or a claim or an action for damages, under the Motor Accidents (Compensation) Act ;
(e) a claim for compensation within the meaning of the Work Health Act ;
(f) a claim for damages for a personal injury that is a dust-related condition.
(5) The Regulations may specify claims for damages (however described) that are excluded from the application of this Act or a provision of this Act.
(6) For the purposes of this section, a personal injury occurs -
(a) when the incident in relation to the personal injury occurs; or
(b) if symptoms of the personal injury are not immediately apparent on the occurrence of the incident - when the symptoms first appear.
(7) In this section -
"commencement day" means the day on which section 8 comes into operation;
"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.