Australia Insurance Contracts Act 1984 (Cth) s46-47: ss 46 and 47 Do not rely on pre-existing defect or sickness exclusions where the insured could not have known

Where a loss results from a defect in a thing, or from a sickness or disability, that the insured was not aware of and a reasonable person could not be expected to have known of when the contract was made, the insurer does not rely on a term limiting or excluding liability by reference to that pre-existing condition (s 46 for classes not exempted by the Regulations; s 47). From 8 October 2026, for life insurance the test looks to the awareness of both the life insured and the insured, and disregards genetic predispositions to an undiagnosed disease and prescribed genetic diseases (s 47(3), (4)).