The Australian Government’s ban on the use of adverse genetic testing results in life insurance came into effect late last week.
Australia’s Assistant Treasurer and Minister for Financial Services, Dr Daniel Mulino, says in a statement that genetic testing can provide life-changing information for individuals and their families.
“The Government has acted to ensure the life insurance market operates fairly and that Australians can access genetic testing without being discouraged that it may have an impact on their ability to access life insurance.”
The statement says the ban will not:
- Prevent individuals from volunteering genetic test results with written consent, and the use of these volunteered results in underwriting only where this would not disadvantage the insurance offer or policy terms
- Limit the existing ability of life insurers to access and use certain information for underwriting life insurance, including if a person has an existing disease, any signs or symptoms of a possible disease, or a person’s family medical history
…penalties for not complying with the ban will be enforced by ASIC
The statement says penalties for not complying with the ban will be enforced by the Australian regulator, ASIC, noting any suspected breaches can be reported to the commission, with affected Australians able to seek a resolution through the dAustralian Financial Complaints Authority or the Australian Human Rights Commission.
The legislation is subject to a statutory review every five years.
Mulino says Australians “…should never have to choose between accessing potentially life‑saving genetic information and obtaining life insurance. With this ban now in place, they no longer have to.”
The statement also quotes the Council of Australian Life Insurers’ CEO Christine Cupitt as saying Australia’s life insurers “…want people to access the information they need to make informed choices about their health and to manage it proactively.”
Click here for detailed information about the ban.