Commonwealth Consolidated Acts

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DISABILITY DISCRIMINATION ACT 1992 - SECT 46

Superannuation and insurance

             (1)  This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, by refusing to offer the other person:

                     (a)  an annuity; or

                     (b)  a life insurance policy; or

                     (c)  a policy of insurance against accident or any other policy of insurance; or

                     (d)  membership of a superannuation or provident fund; or

                     (e)  membership of a superannuation or provident scheme;

if:

                      (f)  the discrimination:

                              (i)  is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and

                             (ii)  is reasonable having regard to the matter of the data and other relevant factors; or

                     (g)  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained--the discrimination is reasonable having regard to any other relevant factors.

             (2)  This Part does not render it unlawful for a person to discriminate against another person, on the ground of the other person's disability, in respect of the terms or conditions on which:

                     (a)  an annuity; or

                     (b)  a life insurance policy; or

                     (c)  a policy of insurance against accident or any other policy of insurance; or

                     (d)  membership of a superannuation or provident fund; or

                     (e)  membership of a superannuation or provident scheme;

is offered to, or may be obtained by, the other person, if:

                      (f)  the discrimination:

                              (i)  is based upon actuarial or statistical data on which it is reasonable for the first-mentioned person to rely; and

                             (ii)  is reasonable having regard to the matter of the data and other relevant factors; or

                     (g)  in a case where no such actuarial or statistical data is available and cannot reasonably be obtained--the discrimination is reasonable having regard to any other relevant factors.



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