2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

LAW REFORM (DUST DISEASES) AMENDMENT BILL 2007
SERIAL NO. 116

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the law in the Northern Territory for dust disease related claims to ensure access to fair compensation by amending -
·	the Law Reform (Miscellaneous Provisions) Act to allow damages for pain and suffering, mental and bodily harm and loss of curtailment of life, better described as ‘general damages’, to survive the death of a claimant if the claim is on foot at the time of the deceased’s death; and
·	the Limitation Act, abolishing the limitation period within which a claim can be made.  

NOTES ON CLAUSES

Clause 1	Short title

This is a formal clause which provides for the citation of the Bill.  
The Bill, when passed, may be cited as the Law Reform 
(Dust Diseases) Act 2007 (“the new Act”).  

Clause 2	Commencement

Clause 2 provides that the new Act commences on the date fixed by the Administrator by Gazette notice.  

Clause 3	Act amended

This clause states that Part 2 of the new Act amends the 
Law Reform (Miscellaneous Provisions) Act.  

Clause 4	Amendment of section 6 (Damages in actions which 		survive under this Part)

This clause inserts new subsections in section 6 of the 
Law Reform (Miscellaneous Provisions) Act to provide that the exclusion of general damages (for the pain or suffering or for any bodily or mental harm suffered or for the curtailment of expectation of life), excluded in section 6 to the survival of causes of action on death provided in section 5, do not apply to an action for damages for personal injury arising from a dust disease where the person dies as a result of the disease before the action is determined.  “Dust disease” is defined in subclause (4) to mean a pathological condition of the lungs, pleura or peritoneum that is attributable to dust.  This amendment applies to all actions already on foot, irrespective of when the person dies, eg if the person has already died.  

Clause 5	Act amended

This clause states that Part 3 of the new Act amends the Limitation Act.  

Clause 6	Amendment of section 12 (Actions in contract, tort etc)

This clause omits subsections (1A), (2) and (3) of section 12 of the Limitation Act and substitutes new subsections (2) and (3) providing that the limitation period of three years does not apply to an action for damages for personal injury arising from a dust disease (new provision), to an action under sections 7 or 13 of the 
Compensation (Fatal Injuries) Act (old section 12(2)(a)); or to an action for contribution to which section 24 applies (old section 12(2)(b)).  The new subclause (2)(b) re-enacts the existing section 12(1A) to provide that an action for defamation has a limitation period of one year from the date of publication of the defamatory matter.  

Subclause (3) defines “dust disease” to mean a pathological condition of the lungs, pleura or peritoneum that is attributable to dust 
(new and consistent with clause 4); and “enactment” to include legislation of the Commonwealth, a State or Territory, or of any foreign country or state (old section 12(3)).