Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 43

Exception-insurance

43. Exception-insurance



(1) An insurer may discriminate against another person by refusing to provide
an insurance policy to the other person, or in the terms on which an insurance
policy is provided, if-

   (a)  the discrimination is permitted under the Sex Discrimination Act 1984
        or the Disability Discrimination Act 1992 of the Commonwealth; or

   (b)  the discrimination is based on-

   (i)  actuarial or statistical data on which it is reasonable for the
        insurer to rely; or

   (ii) if there is no such data, on other data on which it is reasonable to
        rely-

and is reasonable having regard to that data and any other relevant factors;
or

   (c)  if neither of the above paragraphs applies, the discrimination is
        reasonable having regard to any relevant factors.

(2) In this section-

insurance policy includes an annuity, a life assurance policy, an accident
insurance policy and an illness insurance policy;

insurer means a person who is in the business of providing insurance policies.