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
3 At the end of Part IV
Add:
Division 5 - Use of protected genetic information in relation to contracts of life insurance
Subdivision A - Meaning of certain terms
33E Meaning of genetic testing
(1) Genetic testing is any of the following:
(a) analysis or interpretation of information derived from an individual's deoxyribonucleic acid (DNA), ribonucleic acid (RNA) or chromosome;
(b) analysis or interpretation of information derived from any molecules or factors that influence or modify an individual's gene expression (including epigenetic tests), conducted to:
(i) detect, infer or predict genotypes or genetic variants; or
(ii) predict the individual's risk of developing a disease in the future;
(c) analysis or interpretation of information derived from any product of an individual's gene expression (such as a protein), biomarkers or metabolites, conducted to:
(i) detect, infer or predict genotypes or genetic variants; or
(ii) predict the individual's risk of developing a disease in the future.
(2) The regulations may prescribe a thing that is taken to be, or not to be, genetic testing . Regulations made for the purposes of this subsection have effect despite anything else in this section.
33F Meaning of protected genetic information
(1) Protected genetic information about an individual is:
(a) information about whether the individual (or a genetic relative of the individual):
(i) has undergone genetic testing; or
(ii) intends to undergo genetic testing; or
(iii) has been recommended to undergo genetic testing; or
(b) information about any genetic testing undergone by the individual (or a genetic relative of the individual), including the results of such testing.
(2) However, neither of the following is protected genetic information about an individual (subject to subsection (4)):
(a) the name of a disease for which the individual (or a genetic relative of the individual) has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing;
(b) for any disease for which the individual has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing - any of the following information (not including the actual results of genetic testing):
(i) information about the characteristics, natural history or prognosis of the disease;
(ii) information about any past, current or intended treatment of the disease.
(3) The regulations may provide that a specified thing is taken to be, or not to be, a disease for the purposes of subsection (2).
(4) Subsection (2) does not exclude, from being protected genetic information under subsection (1), information about the individual's participation in, or information generated in the course of, health or medical research.
(5) The regulations may prescribe information that is taken to be, or not to be, protected genetic information . Regulations made for the purposes of this subsection have effect despite anything else in this section.
33G Meaning of solicit
Requests for information
(1) A person solicits protected genetic information if the person requests, incentivises or otherwise induces or encourages another person:
(a) to provide the protected genetic information; or
(b) to provide a kind of information in which that protected genetic information is included.
Requests or recommendations to undergo testing
(2) A person who requests or recommends that an individual undergo genetic testing is taken to solicit protected genetic information, whether or not the individual undergoes the genetic testing.
Subdivision B - Protected genetic information must not be used in life insurance underwriting
33H Protected genetic information must not be used in life insurance underwriting
Strict liability offence
(1) An insurer commits an offence of strict liability if:
(a) the insurer makes a life insurance contract decision in relation to a contract of life insurance or proposed contract of life insurance; and
(b) in making the decision, the insurer takes into account the results of life insurance underwriting conducted in relation to a life insured; and
(c) protected genetic information about the life insured was solicited or used for the purpose of the life insurance underwriting by:
(i) the insurer; or
(ii) any other person who conducted or assisted with the life insurance underwriting.
Note: See also subsection 46(3) of the Disability Discrimination Act 1992 which deals with the application of Part 2 of that Act to discrimination against a person regarding the provision of a life insurance policy based on protected genetic information.
Penalty: 60 penalty units.
Civil penalty
(2) An insurer contravenes this subsection if:
(a) the insurer makes a life insurance contract decision in relation to a contract of life insurance or proposed contract of life insurance; and
(b) in making the decision, the insurer takes into account the results of life insurance underwriting conducted in relation to a life insured; and
(c) protected genetic information about the life insured was solicited or used for the purpose of the life insurance underwriting by:
(i) the insurer; or
(ii) any other person who conducted or assisted with the life insurance underwriting.
Civil penalty: 5,000 penalty units.
Exception - consent
(3) Subsection (1) or (2) does not apply if:
(a) any of the following knowingly gave the protected genetic information to the insurer, or to another person ( an underwriting person ) who conducted or assisted with the life insurance underwriting:
(i) the life insured;
(ii) a treating medical practitioner of the life insured who is authorised to do so by the life insured;
(iii) an agent of the life insured acting on behalf of the life insured; and
(b) the protected genetic information was given without the insurer or underwriting person soliciting the protected genetic information; and
(c) the insurer or underwriting person obtained the written consent of the life insured, or an agent of the life insured acting on behalf of the life insured, for use of the protected genetic information in the life insurance underwriting; and
(d) if a form was approved in an instrument under subsection (4) at the time the consent was obtained - the consent was in that form; and
(e) the use of the information did not, in relation to the life insurance contract decision, disadvantage the insured, any life insured or any third party beneficiary under the contract.
Note 1: In proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. The same applies for a civil penalty under subsection (2) of this section (see section 75U of this Act).
Note 2: See also Australian Privacy Principle 4 which is about dealing with unsolicited personal information.
(4) ASIC may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).
Interpretation
(5) For the purposes of this section, it is immaterial whether or not protected genetic information was solicited or used solely for life insurance underwriting or for one or more purposes that include life insurance underwriting.
(6) For the purposes of this section (except paragraph (3)(e)), it is immaterial whether the use of protected genetic information about a life insured had any effect on the results of life insurance underwriting.
Subdivision C - Review of operation of this Division etc.
33J Review of operation of this Division etc.
(1) The Minister must cause reviews to be conducted of the operation of the following provisions:
(a) this Division;
(b) subsection 20B(5A);
(c) subsection 21(3A);
(d) section 25A;
(e) subsections 47(3) and (4);
(f) any other provision of this Act to the extent that it relates to a provision mentioned in any of the above paragraphs;
(g) a provision of a legislative instrument made for the purposes of a provision mentioned in any of the above paragraphs.
Note: The provisions mentioned in paragraphs (b), (c) and (d) deal with the disclosure of protected genetic information. The provisions mentioned in paragraph (e) (subsections 47(3) and (4)) deal with pre-existing sickness or disability in relation to contracts of life insurance.
(2) Without limiting subsection (1), a review under this section must:
(a) consider whether the operation of the provisions is effective in providing reasonable certainty to individuals about the use of protected genetic information in relation to contracts of life insurance; and
(b) identify any unintended consequences of the operation of the provisions.
(3) The person or persons who conduct a review under this section must give the Minister a written report of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(5) Reviews under subsection (1) must be commenced and completed as soon as practicable after each fifth anniversary of the commencement of this section.