Australia Insurance Contracts Act 1984 (Cth)
The duties in Australia's Insurance Contracts Act 1984 for insurers and insureds: utmost good faith (a civil penalty for insurers, including claims handling), the consumer duty to take reasonable care not to misrepresent, the business duty of disclosure and the insurer's notice of it, the statutory remedies for misrepresentation and non-disclosure, Key Facts Sheets, the ban on genetic test information in life underwriting from 8 October 2026, void terms, standard cover, unusual terms and flood notices, claims rules, claims interest, renewal and cancellation, subrogation limits, policy documents and written reasons.
Australia Insurance Contracts Act 1984 (Cth) is a compliance framework from Australia: Commonwealth (contracts whose proper law is that of an Australian State or Territory) with 6 domains and 28 controls that map to 2 other frameworks. The largest domains are Part V: Policy terms, standard cover, notification of terms and claims rules – Australia Insurance Contracts Act 1984 (Cth) (10 controls), Part IV: Disclosure, misrepresentation, Key Facts Sheets and protected genetic information – Australia Insurance Contracts Act 1984 (Cth) (6 controls), Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth) (5 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (6)
Part II: The duty of the utmost good faith – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s13 | s 13 Act toward the other party with the utmost good faith |
| australia-insurance-contracts-act-1984-cth::s13-2A-14A | ss 13(2A) and 14A Insurer: do not fail the utmost good faith duty, especially in handling and settling claims |
| australia-insurance-contracts-act-1984-cth::s14 | s 14 Do not rely on a policy provision where doing so would fail the utmost good faith |
Part IV: Disclosure, misrepresentation, Key Facts Sheets and protected genetic information – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s20B | s 20B Consumer insured: take reasonable care not to make a misrepresentation |
| australia-insurance-contracts-act-1984-cth::s21 | s 21 Non-consumer insured: disclose every relevant matter known before entry |
| australia-insurance-contracts-act-1984-cth::s22 | s 22 Insurer: tell the insured in writing about the duty of disclosure before entry, and remind after 2 months |
| australia-insurance-contracts-act-1984-cth::s27AA-33 | ss 27AA to 33 Apply only the statutory remedies for a relevant failure |
| australia-insurance-contracts-act-1984-cth::s33C | s 33C Provide a Key Facts Sheet for home building and home contents insurance |
| 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) |
Part V: Policy terms, standard cover, notification of terms and claims rules – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s35 | s 35 Standard cover: pay the minimum amount unless the insured was clearly told of the departure |
| australia-insurance-contracts-act-1984-cth::s37 | s 37 Clearly inform the insured in writing of unusual terms before entry |
| australia-insurance-contracts-act-1984-cth::s37C | ss 37A to 37E Home insurance: state in writing whether flood is covered, and apply the standard flood definition |
| australia-insurance-contracts-act-1984-cth::s38-53 | ss 38(1), 43, 45, 52 and 53 Keep void terms out of policy wordings |
| australia-insurance-contracts-act-1984-cth::s39-62 | ss 39 and 62 Instalment premiums: inform in writing before relying on non-payment terms |
| australia-insurance-contracts-act-1984-cth::s40 | s 40 Claims-made liability insurance: inform about notification of facts and retroactive cover |
| australia-insurance-contracts-act-1984-cth::s41 | s 41 Liability insurance: answer the insured's request about admitting the claim and conducting the defence |
| australia-insurance-contracts-act-1984-cth::s44 | s 44 Average provisions: inform before entry, and apply the 80% rule for homes |
| 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 |
| australia-insurance-contracts-act-1984-cth::s54 | s 54 Do not refuse a claim for a post-contract act unless it caused the loss |
Parts VI and VII: Claims interest, renewal, expiry and cancellation – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s57 | s 57 Pay interest on claims from when withholding became unreasonable |
| australia-insurance-contracts-act-1984-cth::s58 | s 58 Notify the insured of expiry at least 14 days before renewable cover ends |
| australia-insurance-contracts-act-1984-cth::s59-63 | ss 59 to 63 Cancel only on statutory grounds and by written notice with the required lead time |
Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s65-66 | ss 65 and 66 Do not pursue subrogation against family, consented drivers or employees, or demand assignment |
| australia-insurance-contracts-act-1984-cth::s67 | s 67 Share subrogation recoveries in the statutory order |
| australia-insurance-contracts-act-1984-cth::s68 | s 68 Inform in writing before relying on a term about agreements that limit the insured's recovery rights |
| australia-insurance-contracts-act-1984-cth::s74 | s 74 Give the insured a written statement of all policy terms on written request |
| australia-insurance-contracts-act-1984-cth::s75 | s 75 Give written reasons for refusal, cancellation, non-renewal or adverse terms on request |
Status, application, administration and enforcement – Australia Insurance Contracts Act 1984 (Cth)
| Code | Title |
|---|---|
| australia-insurance-contracts-act-1984-cth::s11C-11D | ss 11A to 11F Give ASIC requested insurance documents and administrative information within 30 days |
Maps to 2 other frameworks
Coverage is not the same as your position
This page shows what Australia Insurance Contracts Act 1984 (Cth) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is Australia Insurance Contracts Act 1984 (Cth) and who does it apply to?
Australia Insurance Contracts Act 1984 (Cth) is a compliance framework from Australia: Commonwealth (contracts whose proper law is that of an Australian State or Territory) with 6 domains and 28 controls. The duties in Australia's Insurance Contracts Act 1984 for insurers and insureds: utmost good faith (a civil penalty for insurers, including claims handling), the consumer duty to take reasonable care not to misrepresent, the business duty of disclosure and the insurer's notice of it, the statutory remedies for misrepresentation and non-disclosure, Key Facts Sheets, the ban on genetic test information in life underwriting from 8 October 2026, void terms, standard cover, unusual terms and flood notices, claims rules, claims interest, renewal and cancellation, subrogation limits, policy documents and written reasons. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Australia Insurance Contracts Act 1984 (Cth) actually require?
Australia Insurance Contracts Act 1984 (Cth) has 28 controls organised across 6 domains. The largest domains are Part V: Policy terms, standard cover, notification of terms and claims rules – Australia Insurance Contracts Act 1984 (Cth) (10 controls), Part IV: Disclosure, misrepresentation, Key Facts Sheets and protected genetic information – Australia Insurance Contracts Act 1984 (Cth) (6 controls), Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth) (5 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Australia Insurance Contracts Act 1984 (Cth) do I already cover?
Australia Insurance Contracts Act 1984 (Cth) maps to 2 other compliance frameworks. The top mapping partners are Australia Corporations Act 2001 (Cth) (7% coverage), Australia Work Health and Safety Act 2011 (Cth) (4% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement Australia Insurance Contracts Act 1984 (Cth)?
Start your Australia Insurance Contracts Act 1984 (Cth) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Australia Insurance Contracts Act 1984 (Cth) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 28 controls and track your progress.
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