Field 02 of 05 · Insurance
Act No. 35, 2026 · Schedule 1 from 8 October 2026
Genetic tests and life insurance
From 8 October 2026, life insurers can no longer ask you for protected genetic information, or use it to count against you when they assess risk, under the federal Act titled “Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Act 2026”.
NSW Health’s Centre for Genetics Education (CGE) last updated its page in October 2026.
General information, not legal, financial or medical advice. Call Triple Zero (000) in an emergency, or go to the emergency department of your nearest hospital. The official places to check are the Act on the Federal Register of Legislation and NSW Health’s Centre for Genetics Education.
The Act
The Act and its dates
- 8 April 2026
The Act, No. 35 of 2026, was assented to.
- 8 October 2026
Schedule 1 commenced. Its commencement is “The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.”
Schedule 1 is headed “Limiting the use of genetic information by life insurers”, and one of the sections it sets out is headed “33H Protected genetic information must not be used in life insurance underwriting”.
Definition
Protected genetic information
Schedule 1 sets out a new section 33F, and its subsection (1) defines it:
“Protected genetic information about an individual is: (a) information about whether the individual (or a genetic relative of the individual): (i) has undergone genetic testing; or (ii) intends to undergo genetic testing; or (iii) has been recommended to undergo genetic testing; or (b) information about any genetic testing undergone by the individual (or a genetic relative of the individual), including the results of such testing.”
In plain words: whether you or a genetic relative have had a genetic test, plan to, or have been advised to, and anything about a test either of you has had, results included. Section 33F(2) then takes some things out: “the name of a disease for which the individual (or a genetic relative of the individual) has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing” is not protected genetic information. It also takes out, for a disease you have been clinically diagnosed with, information about the disease’s characteristics, natural history or prognosis, and about its treatment, though not the actual results of genetic testing. Section 33F(4) says those exclusions do not reach information about your taking part in health or medical research, or information generated in the course of that research.
Regulations made under the Act change section 33F(2) for diagnoses without symptoms. The Insurance Contracts Amendment (Genetic Testing Protections in Life Insurance) Regulations 2026 commenced with Schedule 1 on 8 October 2026. Under them, information about a disease that you or a genetic relative have been clinically diagnosed with is protected genetic information if no signs or symptoms of the disease have shown in the person diagnosed, and the regulations say this has effect despite section 33F(2).
They also make the information described in section 33F(1) protected genetic information where it relates to genetic testing, of you or a genetic relative, for any of these hereditary predispositions:
- cancer
- cardiovascular
- haematological
- neurological, neuromuscular and muscular
- renal
- respiratory
- metabolic.
That is the regulations’ whole list. Each item names example conditions, and the regulations set them out. The regulations also say “This section does not limit the things covered by subsection 33F(1) of the Act.”
CGE says the Act applies to protected genetic information from any kind of genetic testing: clinical testing, testing done in research, and direct-to-consumer testing, such as a test you order online without a doctor.
Underwriting
Underwriting after 8 October 2026
Most life insurance products rest on a risk assessment, CGE explains; they are underwritten contracts. It says protected genetic information will not affect what your policy costs, its terms, or whether you can get cover at all.
CGE lists what insurance companies may still ask you about.
- Your age, gender and current health.
- Your own medical history: conditions a doctor has diagnosed, with symptoms, that you have had or still have, even if a genetic test made the diagnosis; results of other medical tests; and risk factors such as your environment, occupation, smoking, alcohol and lifestyle.
That is a selection from CGE’s list, and CGE’s page sets out the rest. On a genetic relative’s diagnosis, the Act and its regulations set the rule. Under section 33F(2)(a) of the Act, and subject to section 33F(4), the name of a disease that a genetic relative of yours has been clinically diagnosed with is not protected genetic information. Regulation 13A(2) then makes information about such a disease protected genetic information if no signs or symptoms of the disease have shown in the person who received the diagnosis. Treasury ministers’ release on the law’s passage says the ban will not limit insurers’ existing ability to use certain information for underwriting, including signs, symptoms or diagnosed diseases.
Some things still go to an insurer. CGE says you must still tell a life insurer about risk factors or changes in your situation between applying and the policy starting, protected genetic information excepted. CGE says that, as long as your premiums are paid, changes in your health and the results of tests taken after your policy started are not things you have to tell your insurer. If you want to change or increase your cover, you may face new questions and need to tell the insurer about changes to your health, but you will not have to disclose genetic results.
A result in your favour is treated differently. You can choose to give an insurer a result showing you have not inherited a gene variant behind a family health condition, and the insurer can use it so that the family history does not affect your assessment. Treasury ministers’ release on the law’s passage says the ban will not prevent people volunteering genetic test results with written consent, or the use of those results in underwriting where that would not adversely affect the insurance offer or policy terms. And if you accidentally share a result that could count against you, CGE says the insurer cannot use it to your disadvantage.
Existing cover
Cover taken out before 8 October 2026
If you took out cover before 8 October 2026 and an exclusion or premium increase was applied because of a genetic result, CGE says the Act does not of itself mean that penalty will be removed. You could ask your insurer to remove the penalty, but the insurer may then reassess you, including any new health information since your cover began. CGE recommends getting financial advice before considering that step.
Group cover
Group insurance through super
Larger amounts of cover are available through group insurance or superannuation, CGE says, but once cover passes a certain level, underwriting begins and health information is asked for. It says the Act applies to protected genetic information in that setting.
Other cover
General insurance and health insurance
| Kind of cover | What CGE says |
|---|---|
| General insurance | The Act does not apply to risk-rated policies under general insurance. |
| Travel insurance (general insurance) | Some travel insurers ask whether genetic testing has been done. CGE says they should apply penalties based on genetic results only where evidence supports that decision. |
| Sickness and personal accident policies (general insurance) | Unlike life insurance policies, these are usually renewable, often annually, and they are general insurance, so the Act does not apply. At every renewal you must tell the insurer of any change in genetic information, meaning family medical history or genetic or genomic test results. |
| Private health insurance | It is not risk-rated, and health risks cannot be used to refuse cover or change premiums. Health insurers cannot use your genetic results, or a family history of a genetic condition, to refuse you cover or raise your premium. With a diagnosed genetic condition, or signs or symptoms, you may be unable to claim for related treatment or services for a period of up to 12 months after taking out cover. |
Enforcement
Penalties, the regulator and complaints
Treasury ministers’ release on the law’s passage says breaches carry civil penalties and criminal offences, regulated by the Australian Securities and Investments Commission, with a statutory review every 5 years and individual disputes resolved through the Australian Financial Complaints Authority (AFCA).
If you believe an insurer is not acting in line with the Act, CGE says to raise it with the insurer first, then, if that does not fix it, with AFCA, the Australian Human Rights Commission, or in some cases the legal system.