Part IV, Division 5, Subdivision A, Section 33F · Insurance Contracts Act 1984

Contents

33FMeaning of protected genetic information#

(1)Protected genetic information about an individual is:

(a)information about whether the individual (or a genetic relative of the individual):

(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.

(2)However, neither of the following is protected genetic information about an individual (subject to subsection (4)):

(a)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;

(b)for any disease for which the individual has received a clinical diagnosis, whether or not the clinical diagnosis is based on or informed by genetic testing—any of the following information (not including the actual results of genetic testing):

(i)information about the characteristics, natural history or prognosis of the disease;

(ii)information about any past, current or intended treatment of the disease.

(3)The regulations may provide that a specified thing is taken to be, or not to be, a disease for the purposes of subsection (2).

(4)Subsection (2) does not exclude, from being protected genetic information under subsection (1), information about the individual’s participation in, or information generated in the course of, health or medical research.

(5)The regulations may prescribe information that is taken to be, or not to be, protected genetic information. Regulations made for the purposes of this subsection have effect despite anything else in this section.

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