Australia has released the draft legislation for the ban on genetic testing for underwriting life insurance policies.
Releasing the draft legislation on 24 September 2025 Australian financial services minister Daniel Mulino said, “This follows consultation with community members, medical practitioners and genetic researchers, and continues our commitment to investing in genetic research and technology in Australia.”
“Genetic testing can help save lives, support medical practitioners to prevent, diagnose, treat and monitor a range of cancers, cancer predisposition syndromes and other heritable conditions.”
The draft legislation makes it clear that Australians should not be discouraged from undertaking genetic testing out of fear it may impact their ability to get life insurance.
The minister said, “We want to ensure that the legislation delivers on the objectives of the ban, providing Australians with the certainty to continue undertaking potentially life-saving genetic testing without worrying it will affect their life insurance.”
Apart from banning the use of adverse genetic test results, the proposed legislation would also create new strict liability and civil penalty provisions for breaches of the ban. Australian Securities & Investments Commission will be assigned the regulatory responsibility for monitoring and enforcing the ban, mandate periodic five-year reviews of the ban, and clarify the operation of existing duties and limits in relation to a contract of life insurance in light of the ban.
Council of Australian Life Insurers has found in surveys that 97% of insurers support the ban and believe it inappropriate to be used in the assessment process. Consultation on the draft legislation is open until 12 October 2025.