3 | What does the law say? 1 Has a person been treated less favourably on the basis of a protected attribute (e.g. age, disability, race, or sex: see section 3.1(a)) in relation to the provision of services by an insurer:    by refusing to supply services in the terms and conditions on which services are provided, or in the manner in which their services are provided. NO See sections 3.1(b) and 3.2 INDIRECT DISCRIMINATION NO 2 Has a requirement been imposed which disadvantages a person because of their protected attribute (e.g. age, disability, race, or sex: see section 3.1(a)), and which is not reasonable in the circumstances, in relation to the provision of services by an insurer:    NO by refusing to supply services in the terms and conditions on which services are provided, or in the manner in which their services are provided. See sections 3.1(c) and 3.2 YES EXEMPTIONS & EXCEPTIONS 3 Does an exemption or an exception apply? Data exemption No data exemption Unjustifiable hardship exception Is the discrimination on the basis of age, disability or sex? Is the discrimination on the basis of age or disability? Is it based on actuarial or statistical data on which it is reasonable to rely? Is there no actuarial or statistical data available on which it is reasonable for the insurer to rely and such data cannot reasonably be obtained? Is the discrimination on the basis of a customer’s disability? Is it reasonable having regard to the matter of the data and other relevant factors? See section 3.3(a) Would avoiding the discrimination cause the insurer unjustifiable hardship? See section 3.3(b) Is the discrimination reasonable having regard to any other relevant factors? See section 3.3(a) NO UNLAWFUL DISCRIMINATION MAY HAVE OCCURED 18 YES IT IS UNLIKELY THAT UNLAWFUL DISCRIMINATION HAS OCCURED YES DIRECT DISCRIMINATION 3.4 Has unlawful discrimination occurred?