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) s33H: s 33H Life insurer: do not solicit or use protected genetic information in underwriting (from 8 October 2026)

From 8 October 2026, a life insurer does not make a life insurance contract decision (whether to offer or enter into cover, on what terms, or whether and how to extend, vary or reinstate cover) that takes into account underwriting for which it, or anyone conducting or assisting the underwriting, solicited or used protected genetic information about the life insured. Protected genetic information is information that the person or a blood relative has had, intends to have or was recommended to have genetic testing, and the results; the name, characteristics, prognosis and treatment of a clinically diagnosed disease are outside it, except research participation information. Soliciting includes asking, incentivising or encouraging its provision, and requesting or recommending a test. The only exception is information given unsolicited by the life insured, their authorised treating practitioner or agent, used with written consent (in any ASIC-approved form) and without disadvantaging the insured, any life insured or beneficiary. Breach is a strict liability offence (60 penalty units) and a civil penalty provision (5,000 penalty units as specified). Decisions on contracts entered before the commencement are covered only for variations, including in reinstatements or extensions.

Maintained by Gerard Blokdyk

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

Query this from an agent

The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.