Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Bill 2025; Consideration in Detail

Opened the debate

Ryan supported the bill but moved an amendment to require the statutory review to commence after three years instead of five. Ryan argued that an earlier review was necessary to identify disadvantages arising from the bill's lack of retrospective application for those already facing insurance discrimination. The member highlighted that out-of-pocket costs for tests like non-invasive prenatal testing remained a significant barrier, with expenses ranging from $400 to $500. Ryan noted that while new Medicare items had been introduced in 2023 for specific carrier testing, coverage remained inconsistent. The amendment aimed to ensure timely monitoring of whether insurers might bypass protections by inferring genetic results from other medical data.

Government response

Mulino opposed Ryan's amendment, stating that three-yearly reviews would not provide sufficient time to assess the full impact of the ban on insurance practices. The minister argued that frequent reviews would create a significant administrative burden with limited benefits and insufficient time to implement changes from prior recommendations. Regarding Scamps' amendments, Mulino stated the government would not support them, emphasizing the need for the legislation to be future-proofed against rapid advances in health technology. Mulino explained that the wording allowing regulations to override primary law was necessary to prevent confusion and ensure the ban could adapt promptly. The minister noted that any regulations would remain subject to parliamentary disallowance, maintaining oversight.