Travel Insurance
4. Age Discrimination
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 25 Aug 2015
- The federal anti-discrimination laws provide a number of exemptions for insurance companies. This means that in some situations the law allows insurers to discriminate based on age when offering an insurance policy or concerning the particular terms and conditions on which a policy is offered.
- The criteria that the insurers must meet before they can access the exemptions include that:
- the discrimination must be based on actuarial or statistical data on which it is reasonable for them to rely; and
- the discrimination must be reasonable having regard to the matter of the data and other relevant factors; or
- in the case where there is no actuarial or statistical data available and it cannot be reasonably obtained the discrimination must be reasonable having regard to all other factors.
- An insurer may be required to produce the actuarial or statistical data to the Australian Human Rights Commission (AHRC) and its president if the discrimination is disputed although this information is not usually available to the public.
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