On 24 September 2025, the Australian Government issued for comment draft legislation that would ban the use of genetic test results in life insurance underwriting. The amendments follow the policy concern that individuals are delaying or neglecting to obtain genetic testing for fear that an adverse result will affect their ability to obtain affordable life insurance.
The Australian Government’s decision to implement a ban follows various measures implemented in other jurisdictions, including New Zealand, the United Kingdom, Canada and the United States.
Proposed Amendments to the Insurance Contracts Act
The Insurance Contracts Act 1984 will be amended to:
- establish a ban which prohibits insurers from taking into account the results of underwriting to inform the offer of life insurance cover, and the terms and conditions of which life insurance cover is offered, where protected genetic information was solicited or used as part of that underwriting;
- create new strict liability and civil penalty provisions for breaches of the ban, with the Australian Securities and Investments Commission assigned regulatory responsibility for monitoring and enforcing the ban;
- mandate periodic 5-year reviews of the ban; and
- clarify the operation of existing duties and limits in relation to a contract of life insurance in light of the ban.
Proposed Amendments to the Discrimination and Disability Act
The Discrimination and Disability Act 1992 will also be amended to align Australia’s anti-discrimination law with the ban. Specifically, the amendments make it unlawful for a person to discriminate against another person on the grounds of the other person’s disability by either refusing to offer life insurance, or in determining the terms or conditions on which the life insurance is offered to the other person, if that discrimination is based on certain information relating to an individual’s genetic test results.
The deadline for comments on the draft legislation is 12 October 2025.