DISCRIMINATION ACT 1991 - SECT 28 Insurance and superannuation

DISCRIMINATION ACT 1991 - SECT 28

    (1)     This section applies to a person providing insurance or superannuation services (the insurance or superannuation services provider ) who discriminates against another person (the consumer ) in relation to the terms on which—

        (a)     an annuity or insurance policy is offered or provided to the consumer; or

        (b)     membership of a superannuation or provident fund or scheme is offered or provided to the consumer.

    (2)     Part 3 does not make it unlawful for the insurance or superannuation services provider to discriminate against the consumer if—

        (a)     the discrimination is based on—

              (i)     actuarial or statistical data; or

              (ii)     when actuarial and statistical data is unavailable—other relevant documents; and

        (b)     it is reasonable for the insurance or superannuation services provider to rely on the data or other documents; and

        (c)     the discrimination is reasonable, proportionate and justifiable in the circumstances.

    (3)     If the consumer requests access to the data or other documents, the insurance or superannuation services provider must—

        (a)     give the consumer a copy of the data or other documents, or a meaningful explanation of the data or other documents in writing; or

        (b)     make the data or other documents available for inspection at a reasonable time and place.