(b) because of the disability, the aggrieved
person would comply, or would be able to
comply, with the requirement or condition
only if the discriminator made reasonable
adjustments for the person, but the
discriminator does not do so or proposes not
to do so; and
(c) the failure to make reasonable
adjustments has, or is likely to have, the
effect of disadvantaging persons with the
disability.
(3) Subsection (1) or (2) does not apply if the
requirement or condition is reasonable, having
regard to the circumstances of the case.
(4) For the purposes of subsection (3), the burden
of proving that the requirement or condition is
reasonable, having regard to the circumstances
of the case, lies on the person who requires, or
proposes to require, the person with the disability
to comply with the requirement or condition.
46 Superannuation and insurance
(1) This Part does not render it unlawful for a
person to discriminate against another person,
on the ground of the other person’s disability, by
refusing to offer the other person:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or
any other policy of insurance; or
(d) membership of a superannuation or
provident fund; or
(e) membership of a superannuation or
provident scheme;
if:
(f) the discrimination:
(i) is based upon actuarial or statistical
data on which it is reasonable for the firstmentioned person to rely; and
(ii) is reasonable having regard to the
matter of the data and other relevant
factors; or
(g) in a case where no such actuarial or
statistical data is available and cannot
reasonably be obtained—the discrimination
is reasonable having regard to any other
relevant factors.
(2) This Part does not render it unlawful for a
person to discriminate against another person,
on the ground of the other person’s disability, in
respect of the terms or conditions on which:
(a) an annuity; or
(b) a life insurance policy; or
(c) a policy of insurance against accident or
any other policy of insurance; or
(d) membership of a superannuation or
provident fund; or
(e) membership of a superannuation or
provident scheme;
is offered to, or may be obtained by, the
other person, if:
(f) the discrimination:
(i) is based upon actuarial or statistical
data on which it is reasonable for the firstmentioned person to rely; and
Guidance Resource: Artificial intelligence and discrimination in insurance pricing and underwriting • 2022 • 45