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Discrimination Act 1991
28Insurance and superannuation
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28 Insurance and superannuation
(1) This section applies to a person providing insurance or
superannuation services (the insurance or superannuation services
provider) who discriminates against another person (the consumer)
in relation to the terms on which—
(a) an annuity or insurance policy is offered or provided to the
consumer; or
(b) membership of a superannuation or provident fund or scheme is
offered or provided to the consumer.
(2) Part 3 does not make it unlawful for the insurance or superannuation
services provider to discriminate against the consumer if—
(a) the discrimination is based on—
(i) actuarial or statistical data; or
(ii) when actuarial and statistical data is unavailable—other
relevant documents; and
(b) it is reasonable for the insurance or superannuation services
provider to rely on the data or other documents; and
(c) the discrimination is reasonable, proportionate and justifiable in
(3) If the consumer requests access to the data or other documents, the
insurance or superannuation services provider must—
(a) give the consumer a copy of the data or other documents, or a
meaningful explanation of the data or other documents in
writing; or
(b) make the data or other documents available for inspection at a
reasonable time and place.