Section 41 — Sex Discrimination Act 1984: Insurance

(1) Nothing in Division 1 or 2 makes discrimination by one person (in this subsection called the insurer) against another person (in this subsection called the client) unlawful if: (a) the discrimination is on the ground of the client’s sex; and (b) the discrimination is in the terms on which an insurance policy is offered to, or may be obtained by, the client; and (c) the discrimination is based on actuarial or statistical data from a source on which it is reasonable for the insurer to rely; and (d) the discrimination is reasonable having regard to the data; and (e) if the client gives the insurer a written request for access to the data—either: (i) the insurer gives the client a document containing the data; or (ii) the insurer: (A) makes a document containing the data available for inspection by the client at such time or times, and at such place or places, as are reasonable; and (B) if the client inspects the document—allows the client to make a copy of, or take extracts from, the document. (1A) Paragraph (1)(e) does not apply if the Commission has, under section 44, granted an exemption from the operation of that paragraph. (2) In this section: insurance policy includes an annuity, a life assurance policy, an accident insurance policy and an illness insurance policy.