Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Act 2026 (35 of 2026)

Schedule 1   Limiting the use of genetic information by life insurers

Part 1   Main amendments

Insurance Contracts Act 1984

1   Section 11

Insert:

clinical diagnosis , in relation to an individual, means a clinical diagnosis made by any treating medical practitioner of the individual based on:

(a) the individual's history; and

(b) medical examination of the individual; and

(c) results of relevant medical investigations conducted in relation to the individual.

disease :

(a) subject to paragraph (b), includes an illness, syndrome and disorder; and

(b) does not include an individual's genetic predisposition to a disease (within the meaning of paragraph (a)) if the individual has not yet received a clinical diagnosis for that disease.

genetic relative of an individual (the first individual ) means another individual who is related to the first individual by blood.

Note: For example, a sibling, parent, grandparent, aunt, uncle or cousin who is related to the first individual by blood, or a descendant of the first individual.

genetic testing has the meaning given by section 33E.

life insurance contract decision means a decision by an insurer on one or more of the following matters:

(a) whether or not to enter into, or to offer to enter into, a proposed contract of life insurance;

(b) the terms and conditions on which the insurer is to enter into, or to offer to enter into, a proposed contract of life insurance;

(c) whether or not to propose an extension, variation or reinstatement of a contract of life insurance, or to agree to a proposed extension, variation or reinstatement of a contract of life insurance;

(d) the terms and conditions on which the insurer is to propose an extension, variation or reinstatement of a contract of life insurance, or to agree to a proposed extension, variation or reinstatement of a contract of life insurance.

life insurance underwriting means any assessment of risk associated with an individual that is intended to inform a life insurance contract decision.

protected genetic information has the meaning given by section 33F.

solicit , in relation to protected genetic information, has the meaning given by section 33G.

treating medical practitioner of an individual means a legally qualified medical practitioner who has, or has had, responsibility for medical treatment of the individual:

(a) whether or not in Australia; and

(b) whether or not on an ongoing or regular basis.