Exception—insurance

In force

(1)

An insurer may discriminate against another person by refusing to provide an insurance policy to the other person, or in the terms on which an insurance policy is provided, if—

(a)

the discrimination is permitted under—

(i)

the Sex Discrimination Act 1984 of the Commonwealth; or

(ii)

the Disability Discrimination Act 1992 of the Commonwealth; or

(iii)

the Age Discrimination Act 2004 of the Commonwealth; or

(b)

the discrimination—

(i)

is based on actuarial or statistical data on which it is reasonable for the insurer to rely; and

(ii)

is reasonable having regard to that data and any other relevant factors; or

(c)

in a case where no such actuarial or statistical data is available and cannot reasonably be obtained, the discrimination is reasonable having regard to any other relevant factors.

(2)

In this section—

insurance policy includes an annuity, a life assurance policy, an accident insurance policy and an illness insurance policy;

insurer means a person who is in the business of providing insurance policies.

This Act’s bill:Explanatory memorandum Second reading speech

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47 Exception—insurance