Carina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

That was quite an extraordinary performance. I'm not sure who it was for. There were a few moments there, I must admit, when I thought that I'd entered the chamber with the wrong piece of legislation before me because the tirade that we just heard really bears no resemblance to what we are being asked to consider today. I do think it's a real shame that that was the case. It is a shame that the speaker just before me is incapable of acting in good faith where there is broad agreement in the chamber here today and incapable of cooperating in the best interests of Australians. But, as they say, when people show you who they are, believe them. And I think we've seen that today from the shadow Treasurer.

I'm a bit gobsmacked too that, on the Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Bill 2025, where we're talking about something like access to care in the health system, there was very little respect and consideration paid to those people who have been advocates for these changes in life insurance. I think it was very disrespectful, frankly, the carry on we saw from the previous speaker. And I want to apologise on behalf of the parliament to those advocates who've worked in this area for so long that their voices were seen as secondary in this conversation. I've got some stories I'd like to share of some people who've participated in studies and who've advocated very strongly for the bill before us today, and I want to make sure that their voices are heard and that they're treated with the respect that frankly everyone in this parliament owes those Australians.

Our party, the Labor Party, is, of course, the party of universal health care, where Australians can access the care they need without having to worry about the cost. That principle has guided every major health reform we've pursued as the Albanese Labor government, reflecting a simple belief that health care is not a privilege but a right. It reflects our commitment to equity, to fairness and to ensuring no Australian is held back and no-one is left behind. It reflects our understanding that a strong health system is the foundation of a strong, thriving society. It's not just about money; it's about the consequences and costs that arise when Australians delay seeking early diagnosis and treatment, which is why access is so important. When care is delayed, conditions worsen. When diagnosis is postponed, outcomes, unfortunately, deteriorate. When treatment comes too late, the consequences can be irreversible. This is something that affects not just individuals but families, communities and generations.

Genetic research is critical to improving the screening, early diagnosis and treatment of Australian patients. We are living in an age of extraordinary medical advancement, with many advancements being made right here in Australia and, I know, in my own electorate of Chisholm. At the centre of that transformation is genetics. Genetics and genomics are reshaping clinical practice and changing the way we prevent, diagnose, treat and monitor a range of heritable conditions, cancer predisposition syndromes and rare cancers. This means we're enabling earlier detection and more targeted treatment, giving Australians the knowledge they need to make informed decisions about their health. With innovation, though, must come protection. With progress must come safeguards. With new knowledge must come confidence.

We know that some people, unfortunately, have been wary of undergoing genetic testing. They're postponing it or avoiding it altogether because of the perceived risks to their privacy and, significantly, to their ability to access financial products such as life insurance. This is deeply concerning because when Australians avoid testing they're not just avoiding information; they're missing opportunities for early intervention, missing opportunities to protect their health and, sadly, in some cases, missing opportunities that could save their lives. No-one should be dissuaded from potentially life-saving testing out of fear of discrimination in life insurance.

This bill before us today is about fairness, and it's long overdue. No Australian should ever be punished for seeking to understand their own health. They should never face a penalty for taking proactive steps to protect themselves and their families. Australia lags other countries on this issue, with prohibitions or bans already in place in the United Kingdom, Canada, parts of Europe, the United States and New Zealand. But this bill changes that. This bill brings Australia into line with global best practice. It provides certainty, clarity and protection.

This bill amends the Insurance Contracts Act 1984 to ban life insurers from taking into account information about an individual's genetic testing to inform the offer of life insurance cover or the terms and conditions of the cover that is offered. It bans the use of adverse genetic test results in life insurance underwriting and applies to life insurance contract decisions made on or after the date of commencement. This ensures that the protection is forward-looking. It ensures that Australians can engage with genetic testing with confidence, and it ensures that the system is fair.

This legislation has broad support across the parliament—or I thought it did, before we heard the previous speaker—and has been a long time coming, spanning multiple parliaments. This should not be a partisan issue. This should not be an opportunity for cheap performances and political points. This is a national issue about making sure all Australians can get the health care they need when they need it. This reflects years of work, consultation and advocacy, and it demonstrates what can be achieved if we decide to work together as representatives and legislators.

In response to a 2018 parliamentary committee report, the Financial Services Council introduced a genetics moratorium to address disincentives to undertaking genetic testing. In 2023, following years of research advocacy, Monash University—which happens to be my former university, in our local area—played a leading role in this space with the A-GLIMMER report, published in June 2023 by Jane Tiller, measuring the impact of the moratorium. I want at this point to thank Dr Tiller for her extraordinary work in this space. She has done so much. I've met with her a couple of times to talk about this, and I'm really pleased that we're able to see this bill before the House today.

Her research provided critical evidence, insight into behaviour and highlighted the real-world consequences of policy gaps. Dr Tiller's report and subsequent genetic testing studies show that more than half of the participants who stopped their involvement in testing did so because of concerns about accessing affordable insurance. That's an incredible number. This is not a marginal issue. This is a systemic problem and one that absolutely demands the action we're taking today. Every Australian should have every opportunity to receive the care that they need. We cannot accept a system where fear overrides health or where financial concerns override medical advice, and we cannot accept a system that discourages prevention.

One participant in the research was Ben. Ben didn't have any significant family history of cancer, but he took part in a genetic testing study. The results showed he carries a PALB2 variant, which raises the risk of prostate and breast cancer in men. This information was important not only for him but also for his female relatives, who now know that they face high risks of breast and ovarian cancer and have begun the process of getting tested. Learning about these elevated risks has motivated Ben to adopt risk-reducing strategies, and I thank Ben for his advocacy and participation in this work. Ben's story is powerful. It shows the value of knowledge. It shows the ripple effects of testing, and it shows how one decision can benefit not just an individual but an entire family.

Dr Tiller called for an amendment to the Disability Discrimination Act 1992 to prohibit the use of genetic or genomic testing results to discriminate between applicants for risk rated insurance. This bill responds to that call. We want people to get tested and to use this knowledge to improve their health and better manage any underlying conditions they may have. We want Australians to feel empowered in every regard. We want them to be informed and to be supported.

In 2024-25, the government subsidised more than 600,000 genetic and genomic tests under Medicare, totalling over $160 million in benefits. This reflects growing demand. It reflects growing awareness, and it reflects a central role that genetics now play in modern medicine. This represents a growth of approximately 85 per cent in the annual number of Medicare funded genetic and genomic tests between the years of 2019-20 and 2024-25. This growth will continue, and, as it does, our policy framework must keep pace.

If a person wishes to voluntarily provide their test results to an insurer, they may do so. However, there are strong consumer protections to ensure that any disclosure is deliberate and properly authorised. An insurer cannot use volunteered test results to produce a less favourable insurance outcome than would have applied had the results not been disclosed. This is a critical safeguard. It ensures that disclosure cannot be used against individuals, and it reinforces fairness in the system. The intention of this bill is to reduce the number of Australians delaying or forgoing genetic testing due to concerns about the possible impact on their life insurance, because when we remove fear, participation increases. When participation increases, outcomes improve, and when outcomes improve, lives are saved. The ban is not intended to remove a life insurer's ability to obtain and use other information necessary to effectively risk assess and underwrite insurance policies. However, insurers must continue to comply with the reasonableness requirements of the Disability Discrimination Act.

This reform will not increase the cost of life or other insurance products. As life insurers remain able to effectively risk rate policies, there is no threat of the industry taking on unacceptable risks that would increase pay-outs and drive up premiums. What this bill does is create a new strict liability offence and a civil penalty provision for breaches of the ban, with ASIC assigned regulatory responsibility for monitoring and enforcement, because enforcement matters, accountability matters and strong oversight ensures confidence in the system. Whether ASIC chooses to pursue criminal sanctions or a civil penalty will depend on the facts of each case. The ban covers life cover, total and permanent disability insurance, trauma insurance and income protection insurance and will come into effect six months after receiving royal assent.

No-one should be dissuaded from potentially life-saving testing out of fear of discrimination in life insurance. That's the core message of this bill. It's a message that deserves to be repeated. Australians should never have to choose between protecting their health and protecting their family's financial future. That's the choice that this bill removes, and this reform really does matter.

I once again thank Dr Jane Tiller, author of the Monash report, for her ongoing advocacy in this area as well as Minister Mulino, former minister Stephen Jones and colleagues across this parliament and previous parliaments who have contributed to this important reform. This is a testament to what can be achieved through persistence and collaboration and in doing what is right. I commend the bill to the House.

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