3.5 What about state and
territory laws?
In addition to the Discrimination Acts, insurers also
have obligations under relevant state and territory
anti-discrimination legislation.53
might impose different, or stricter, obligations. They
may also provide protection to a wider range of
protected attributes than the Discrimination Acts.
The Discrimination Acts do not exclude the
operation of state and territory anti-discrimination
legislation where it is capable of operating
alongside the Discrimination Acts.54 This means that
While it is beyond the scope of this Guidance
Resource to examine state and territory antidiscrimination laws in detail,55 the following table
provides an overview of the relevant legislation
and authorities (with links to specific resources in
the endnotes) that insurers may wish to consult in
assessing their compliance with state and territory
state and territory anti-discrimination legislation
laws.
State or territory
Anti-discrimination legislation
Relevant authority
Australian Capital Territory
Discrimination Act 1991 (ACT)
ACT Human Rights
Commission56
New South Wales
Anti-Discrimination Act 1977 (NSW)
Anti-Discrimination Board of
NSW57
Northern Territory
Anti-Discrimination Act 1992 (NT)
Northern Territory AntiDiscrimination Commission58
Queensland
Anti-Discrimination Act 1991 (Qld)
Anti-Discrimination
Commission Queensland59
South Australia
Equal Opportunity Act 1984 (SA)
Equal Opportunity
Commission60
Tasmania
Anti-Discrimination Act 1998 (Tas)
Equal Opportunity Tasmania61
Victoria
Equal Opportunity Act 2010 (Vic)
Victorian Equal Opportunity
and Human Rights
Commission62
Western Australia
Equal Opportunity Act 1984 (WA)
Equal Opportunity
Commission63
Guidance Resource: Artificial intelligence and discrimination in insurance pricing and underwriting • 2022 • 19