Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 69

  (1)   Where:

  (a)   by reason of a provision of this Act, information in relation to a contract of insurance is to be or may be given in writing to a person before the contract is entered into; and

  (b)   it is not reasonably practicable for the information to be so given in writing but it is reasonably practicable for it to be so given orally;

the provision shall be deemed to have been complied with if:

  (c)   the information is so given orally; and

  (d)   the information is also given in writing within 14 days after the day on which the contract was entered into.

  (1A)   If:

  (a)   an insured may, because of subsection   (1), be informed orally of the matters referred to in subsection   22(1); and

  (b)   the regulations prescribe a form of words to be used in giving the information orally;

the information may be given using the prescribed form of words.

  (2)   Where, by reason of a provision of this Act:

  (a)   information in relation to a contract of insurance is to be or may be given in writing to a person before the contract is entered into; and

  (b)   it was not reasonably practicable for the information to be so given orally or in writing;

the provision shall be deemed to have been complied with, and the information shall be deemed to have been given, if the information is given in writing within 14 days after the day on which the contract was entered into.

  (3)   Where information as mentioned in subsection   (1) or (2) is given in writing after the contract was entered into, but at a time later than 14 days after the day on which the contract was entered into:

  (a)   the rights of a person other than the insurer in respect of a loss that occurred during the period commencing at the expiration of 14 days after the day on which the contract was entered into and ending at the time when the information was so given are the same as though the information had not been given; and

  (b)   the rights of a person other than the insurer in respect of a loss that occurred at any other time are the same as though the information had been given in writing before the contract was entered into.

  (4)   Where:

  (a)   by reason of this Act, information in relation to a contract of insurance is to be or may be given in writing by the insurer to a person before, or at the time when, the contract is entered into;

  (b)   it is reasonably practicable for the information to be so given; and

  (c)   the information is not so given, but is given in writing at a later time;

the rights of a person other than the insurer in respect of a loss that occurred after the contract was entered into but before the information was given are the same as though the information had not been given.