Northern Territory Numbered Acts

LAW REFORM (DUST DISEASES) AMENDMENT ACT 2007 (NO 22 OF 2007) - SECT 4

(1)     Section 6

omit

Where

substitute

    (1)     Where

(2)     Section 6, at the end

insert

    (2)     However, if a person commences an action for damages for personal injury arising from a dust disease and dies as a result of the disease before the action is determined, the exclusion of damages for pain or suffering, bodily or mental harm or curtailment of expectation of life (subsection (1)(c)(ii)) does not apply.

    (3)     Subsection (2) extends to an action that remains undetermined at the date of commencement of that subsection even though the (former) plaintiff has, as at that date, already died.

    (4)     In this section:

"dust disease" means a pathological condition of the lungs, pleura or peritoneum that is attributable to dust.