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Genetic Testing and Life Insurance in Australia: The New Law

Written by Safety Nest

The short answer

Since 8 October 2026, life insurers in Australia can't ask for your genetic test results, or use them against you, when deciding on a new policy or a change to one. That includes home DNA kits, like ancestry tests, as well as tests your doctor recommends. The ban applies to life insurance, TPD, trauma and income protection. But it protects the test result, not everything: insurers can still ask about your family history and your own health.

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Genetic Testing and Life Insurance: What Changed in 2026

Read the transcript

Your DNA kit says twelve per cent Viking? Can that test affect your life insurance in Australia? Your test result, no.

Since the eighth of October 2026, life insurers can't ask for your genetic test results, or use them against you, on a new policy or a change to one. The law passed in April and started on the eighth of October. Before that, a test result could affect whether you got life insurance, and what you paid.

But some things the new law doesn't protect. Let's walk through it with Mia, our example. Mia's mum was diagnosed with breast cancer, and Mia has been recommended a genetic test.

Mia wants the test. But she's about to apply for life insurance, and she's worried the result could count against her. So what changed for Mia?

Before the eighth of October, there was only a voluntary industry rule from 2019, called a moratorium. It protected genetic results only up to a limit. Five hundred thousand dollars for life insurance and for TPD, less for trauma, and a monthly limit for income protection.

If Mia's total went over that, an insurer could ask for her results, and use them. Now it's the law, with no dollar limit, and penalties for insurers who break it. It applies to life insurance, total and permanent disability, trauma, and income protection.

An insurer can't ask Mia whether she's had a genetic test, plans one, or was recommended one. The same goes for her mum. They can't ask her to take one, and on a new policy she doesn't have to mention it.

So the test itself can't be held against Mia. But here's the catch. What can they still ask?

Family history. An insurer can still ask whether Mia's mum has been diagnosed and treated for breast cancer, test or no test. And Mia's own health.

They can still ask about her medical history and symptoms. A diagnosed condition counts once it shows signs or symptoms, but the genetic test result itself can't. One more twist.

A good result can help. If Mia's test shows she didn't inherit the gene change, she can choose to share it. With her written consent, the insurer can use it, as long as it doesn't count against her.

Already have life insurance? Its terms stay as they are. But a change you agree to on or after the eighth of October falls under the new rules.

So can Mia take the test? Yes. The insurer can't ask about it, or use the result against her.

Her family history can still count, and so can a condition she's diagnosed with, once it shows signs or symptoms. Home kit or a test your doctor recommends: if you've held off because of life insurance, the rules have changed. Talk to your doctor about the test, and your life insurance specialist about your policy.

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What changed on 8 October 2026

The law passed Parliament in April 2026 and received assent on 8 April. Its genetic testing protections started on 8 October 2026.

Before that, a genetic test result could affect whether you got life insurance, and what you paid. The only protection was a voluntary industry rule from 2019, called a moratorium (the Financial Services Council's Standard 11). It protected genetic results only up to a limit: $500,000 for life insurance and for TPD, $200,000 for trauma, and $4,000 a month for income protection. If the total insurance you were applying for, plus what you already held, went over that, an insurer could ask for your results and use them.

Now it's the law, with no dollar limit, and penalties for insurers who break it. It applies to life insurance, TPD, trauma and income protection.

An example: Mia

Mia is our example, not a real client. Her mum was diagnosed with breast cancer, and Mia has been recommended a genetic test. She wants the test. But she's about to apply for life insurance, and she's worried the result could count against her.

What insurers can no longer ask

Under the new law, an insurer can't:

  • ask Mia whether she's had a genetic test, plans one, or was recommended one
  • ask the same about her blood relatives, such as her mum
  • ask her to take a genetic test
  • use a genetic test result against her when deciding on a new policy or a change to one

On a new policy, she doesn't have to mention the test either. So the test itself can't be held against Mia. The same goes for a home DNA kit.

What insurers can still ask

Family history. An insurer can generally still ask about family history, such as whether Mia's mum has been diagnosed with breast cancer, test or no test.

Your own health. They can still ask about Mia's medical history, and insurers are careful with how they word those questions. Many ask whether you have signs or symptoms of a condition. A condition she's been diagnosed with can still count. The exception is a diagnosis based only on a genetic result, before any signs or symptoms. That's protected, and so is the test result itself.

If you've been worried about applying with a pre-existing condition, those questions still work the same way. The new law takes genetic test results out of the picture, not your medical history.

Sharing a good result is her choice

One more twist. If Mia's test shows she didn't inherit the gene change, she can choose to share it. With her written consent, the insurer can use it, as long as it doesn't count against her. That choice is hers, and the insurer can't ask for it.

What about a policy you already hold?

If you already have life insurance, its terms stay as they are. But a change you agree to on or after 8 October 2026, such as increasing your insurance, falls under the new rules.

So can Mia take the test?

Yes. The insurer can't ask about it, or use the result against her. Her family history can still count, and so can a condition she's been diagnosed with, unless it rests only on a genetic result with no signs or symptoms.

If you've held off on a test, home kit or clinical, because of life insurance, the rules have changed. Talk to your doctor about the test, and your specialist about your policy.

Sources

Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Act 2026; Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Regulations 2026; the Act's Explanatory Memorandum; Genomics Australia.

FAQs

Frequently asked questions

Can life insurers use my genetic test results in Australia?

Not since 8 October 2026. Life insurers can't ask for your genetic test results, or use them against you, when deciding on a new policy or a change to one.

Does the ban include home DNA and ancestry kits?

Yes. The protections apply to genetic tests generally, including direct-to-consumer kits such as ancestry tests, not just tests a doctor orders.

Can an insurer still ask about my family history?

Yes. An insurer can still ask whether a blood relative has been diagnosed with and treated for a condition. What it can't ask about is genetic testing, yours or theirs.

Does the new law apply to my existing policy?

Your existing policy's terms stay as they are. A change you agree to on or after 8 October 2026 falls under the new rules.

Which types of insurance does the ban apply to?

Life insurance, TPD, trauma and income protection.

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