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Genetic Privacy and Non-discrimination Bill 1998 [2008]

Part 4 Discrimination prohibited

17   Genetic discrimination to be unlawful.

             (1)  It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on genetic information which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.

             (2)  The reference in subsection (1) to a human right or fundamental freedom in the political, economic, social, cultural or any other field of public life includes a reference to any right of a kind referred to in a Convention.

             (3)  Subsection (1) does not apply in respect of the employment and insurance of persons, except as provided in this Part.

             (4)  The succeeding provisions of this Part do not limit the generality of subsection (1).

18   Discrimination by employers or potential employers

                   An employer may request or require or use the genetic information of an employee for the purpose of:

                     (a)  permitting a genetically susceptible employee to avoid occupational exposure to substances with a mutagenic or teratogenic effect; or

                     (b)  determining a genotype that is otherwise directly related to the work and is consistent with business necessity;

but an employer must not request, require, or use the genetic information of an employee or a prospective employee for any purpose restricting any right or benefit otherwise due or available to the employee or the prospective employee.

19   Discrimination by insurers

                   An insurer may request or require or use the genetic information of an individual if the genetic information from a genetic analysis has already been undertaken and a genetic record exists, but an insurer must not:

                     (a)  terminate, restrict, limit, refuse to renew, or otherwise apply conditions to the coverage of an individual or family member under the policy or plan involved, or restrict the sale of the policy or plan to an individual or family member on the basis of any genetic information about a healthy individual or a healthy family member, or on the basis of a request for or receipt of genetic services by an individual or family member; or

                     (b)  discriminate against an individual’s family in the provision of insurance coverage; or

                     (c)  require an applicant for insurance coverage, or an individual or family member who is enrolled under an insurance coverage policy or plan, to be subjected to genetic analysis or to be questioned about genetic information.