In determining whether the hardship is unjustifiable, all relevant circumstances of a particular case are taken into account, which include, but are not limited to: • the nature of the benefit or detriment likely to accrue to, or to be suffered by any person concerned. For example, if insurance cover was provided, this could include the benefit to the customer with disability, the benefit to the community, and the financial burden to the insurer • the effect of the disability of any person concerned • any costs or other disadvantages of providing cover, including consideration of the financial circumstances of the insurer and the availability of financial and other assistance to the insurer, and • the terms of any relevant action plan developed by the insurer under section 64 of the DDA.51 This exception recognises that some hardship on an insurer will be justifiable. If the financial burden on an insurer is minor (as opposed to very significant, such that the insurer’s financial viability is at risk), then it is not likely to fall within the exception.52 Guidance Resource: Artificial intelligence and discrimination in insurance pricing and underwriting • 2022 • 17