INSURANCE CONTRACTS ACT 1984 - SECT 52 "Contracting out" prohibited
INSURANCE CONTRACTS ACT 1984 - SECT 52
"Contracting out" prohibited(1) Where a provision of a contract of insurance (including a provision that is not set out in the contract but is incorporated in the contract by another provision of the contract) purports to exclude, restrict or modify, or would, but for this subsection, have the effect of excluding, restricting or modifying, to the prejudice of a person other than the insurer, the operation of this Act, the provision is void.
(2) Subsection (1) does not apply to or in relation to a
provision the inclusion of which in the contract is expressly authorized by
this Act.