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Public comment on review of Insurance Guidelines

Human Rights Commission
Media Release
31 May 2006

Commission invites public comment on review of Insurance Guidelines

The Human Rights Commission is undertaking a review of its Guidelines on Insurance and the Human Rights Act 1993.

The Guidelines were initially published in 1997 to assist insurers to comply with the anti-discrimination provisions of the Human Rights Act and a review is now timely.

A draft discussion paper is in development and will be available for public comment at the end of June. Members of the public are invited to provide information about the experiences they’ve had in seeking insurance.

The Commission will also work with the insurance industry during the course of the review and will respond to issues raised in the discussion paper.

Key issues will include:

- The difference between lawful and unlawful discrimination;

- What is meant by reasonable statistical or actuarial data, advice or opinion;

- What medical advice or opinion justifies different terms and conditions;

- When exclusions or pre-existing conditions amount to refusal to insure;

- Insuring mental disability;

- Options for addressing potential genetic discrimination including the implications of a human rights approach to the development of policy and legislation.

A new set of guidelines will be drafted following the completion of consultation on the draft discussion document.


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