Australia Disability Discrimination Act 1992 s46-107: ss 46 and 107 Insurance and superannuation: discrimination only on reasonable actuarial or statistical data

Refusing or setting terms for an annuity, life, accident or other insurance, or superannuation membership on the ground of disability is not unlawful only if based on actuarial or statistical data on which it is reasonable to rely and reasonable having regard to that data and other factors, or, where no such data is available or obtainable, reasonable having regard to other relevant factors (s 46). The insurer must disclose the source of the data within 28 days if the President or the Commission requires it (s 107, strict liability offence, 10 penalty units). From 8 October 2026, discrimination based on protected genetic information (as defined in the Insurance Contracts Act 1984) is taken not to be reasonable for refusing life insurance or setting its terms (s 46(3), applying to new policies and expressly agreed variations).