Frequently asked questions: Insurance
See also our insurance page
Is insurance exempt from the DDA?
No. Discrimination in access to insurance or in the terms on which insurance is available is covered by the DDA. There is an exemption for decisions or restrictions which are reasonable, including reasonable decisions on the basis of actuarial evidence. For more information on how the DDA applies to insurance and superannuation refer to the Commission's Guidelines for Providers of Insurance and Superannuation. See also the opinion issued by the Queensland Anti-Discrimination Tribunal on Kors and AMP Society .
Can insurers use information about a person's genetic disposition towards a medical condition?
The DDA makes discrimination unlawful on the basis of a disability which a person may have in the future. However, exclusions or limitations in relation to insurance are not unlawful where they are reasonable on the basis of relevant evidence. There is no clear case law available yet on when use of genetic information would be regarded as reasonable.
What conciliated outcomes have there been in insurance complaints under the DDA?
Some complaints have been settled on undisclosed terms. The terms of some other settlements are confidential. However, some summaries of settlements of insurance complaints under the DDA are available on a separate page.