New Steps In Call To Enact DNA Discrimination Ban
Credit Warren Umoh via Unsplash
Experts are hopeful the Australian Government’s promised ban on life insurers discriminating based on genetic test results is one step closer, with the Treasury consultation on the legislation’s design ending this week.
Over 100 community organisations have endorsed a consultation submission led by Monash University researchers, representing wide collaboration and consensus between a broad range of stakeholders.
These include genetic health professionals, other researchers, consumer support groups, health and financial services advocacy organisations, professional member organisations and others.
Monash University researcher Dr Jane Tiller led the study that underpinned the Government’s initial consultation on this issue, and managed the joint submission.
Following the recommendations of areport led by Dr Tiller and colleague Professor Paul Lacaze, the Australian Government announced in September 2024 that it would legislate to ban the use of genetic test results in life insurance underwriting.
Dr Tiller said the recent consultation had been a good opportunity to document the views and expectations of the broader community regarding the ban’s operation.
“The ban must be robust enough to protect Australians and give them the confidence to have genetic testing, knowing they are safe from life insurance discrimination,” she said.
“We have heard concerns from community groups that life insurers may try to avoid the ban by using information such as ongoing medical care data to infer genetic status and future disease risk.
“Patients are nervous about whether the ban will really protect them, and reports from other countries such as Canada indicate that this risk must be addressed by our legislation. The submission covers these and other important considerations for policy-makers in turning this commitment into enforceable law.”
Dr Tiller said there had been some concerns regarding the impact of the coming election on the likelihood that the ban will be passed as promised.
She said during Senate Estimates hearings in February, the Treasury faced questions regarding delays in progressing the promised legislation. Treasury representatives confirmed that Treasury would continue to work towards developing an exposure draft of the legislation during caretaker mode.
“We were disappointed that the Government did not introduce the legislation in this term, as promised,” Dr Tiller said. “I have heard reports of people delaying genetic testing while they wait for the promised legislation, who are now anxious it will never become a reality.
“Given its bipartisan support, this reform should be prioritised immediately after the election. The consultation process is an indication that the Government intends to keep on working towards the ban.
“We are now calling on both the Government and the Opposition to commit to introducing legislation in the first 100 days of the new Parliament, to give Australians certainty about this urgent protection”.
The joint submission was signed by over 100 organisations, including the Financial Rights Legal Centre, Australian Medical Association, National Heart Foundation, Cancer Council Australia, Australian Genomics, Murdoch Children’s Research Institute, and the Australian Alliance for Indigenous Genomics. It can be viewed here: https://doi.org/10.26180/28551068.
https://www.monash.edu/news/articles/new-steps-in-call-to-enact-dna-discrimination-ban