Appendix 1: Key sections under the Discrimination Acts Age Discrimination Act 2004 (Cth) 14 Discrimination on the ground of age— direct discrimination For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different age; and (b) the discriminator does so because of: (c) the condition, requirement or practice has, or is likely to have, the effect of disadvantaging persons of the same age as the aggrieved person. (2) For the purposes of paragraph (1)(b), the burden of proving that the condition, requirement or practice is reasonable in the circumstances lies on the discriminator. 7 Superannuation, insurance and credit— actuarial data etc. Superannuation and insurance (1) Subsections (2) and (3) apply to the following: (a) an annuity; (i) the age of the aggrieved person; or (b) a life insurance policy; (ii) a characteristic that appertains generally to persons of the age of the aggrieved person; or (c) a policy of insurance against accident or any other policy of insurance; (iii) a characteristic that is generally imputed to persons of the age of the aggrieved person. 15 Discrimination on the ground of age— indirect discrimination (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator imposes, or proposes to impose, a condition, requirement or practice; and (b) the condition, requirement or practice is not reasonable in the circumstances; and (d) membership of a superannuation or provident fund; (e) membership of a superannuation or provident scheme. (2) This Part does not make it unlawful for a person to discriminate against another person, on the ground of the other person’s age: (a) in respect of the terms or conditions on which the annuity, policy or membership is offered to, or may be obtained by, the other person; or (b) by refusing to offer the annuity, policy or membership to the other person; if the condition in subsection (3) is satisfied. Guidance Resource: Artificial intelligence and discrimination in insurance pricing and underwriting • 2022 • 43