Australia Insurance Contracts Act 1984 (Cth)
Part IV: Disclosure, misrepresentation, Key Facts Sheets and protected genetic information – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s21: s 21 Non-consumer insured: disclose every relevant matter known before entry

For contracts that are not consumer insurance contracts, before entry (and before renewal, extension, variation or reinstatement) the insured discloses to the insurer every matter it knows that it knows is relevant to the insurer's decision whether to accept the risk and on what terms, or that a reasonable person in the circumstances could be expected to know is relevant, having regard to the nature and extent of the cover and the class of persons who would ordinarily apply for it. No disclosure is needed of matters that reduce the risk, are common knowledge, the insurer knows or should know in the ordinary course of business, or the insurer waives; an unanswered or obviously incomplete proposal answer is a waiver (s 21(2), (3)). From 8 October 2026 protected genetic information about a life insured need not be disclosed (s 21(3A)). Business insureds commonly meet this through the broker's disclosure process.

Maintained by Gerard Blokdyk

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