Discrimination – breast cancer / travel insurance
A recent Federal Court decision has sent a warning signal to insurers issuing travel policies that all “pre–existing medical conditions” are not the same.
The Court ruled in April that QBE had unfairly denied an Adelaide woman travel insurance in 2002 because she had been diagnosed with breast cancer.
Denise Bassanelli had applied for travel insurance to cover potential losses (such as theft, lost luggage and other accidental injury) for a holiday she had won to Japan. Central to Bassanelli’s case was that the cover she sought (and later got from another insurer) did not relate to her pre–existing condition.
Bassanelli’s application for travel insurance was rejected by QBE, with the insurer stating that no policy whatsoever could be issued to her because of the breast cancer. Bassanelli was awarded damages totalling $5000 plus interest by the court.
The court’s decision noted that the insurer had presented anecdotal evidence of difficulties experienced with travel policies it had issued to people with pre–existing conditions, but it was not clear that these difficulties could be applied to travellers with breast cancer.
Justice Mansfield said that QBE “applied a decision making process which was too formulaic or which tended to stereotype the respondent by reference to her disability” and, as a result, contravened the Commonwealth Disability Discrimination Act 1992. Victorian law
While the Bassanelli case involved federal law, there are also laws in state / territory jurisdictions that apply. In Victoria, the Equal Opportunity Act 1995 operates to outlaw similar discrimination.
Complaints can be lodged under federal laws or state laws, but not both.
Complaints under federal law must now be lodged with the Human Rights and Equal Opportunity Commission (HREOC), Level 8, Picadilly Tower, 133 Castlereagh St, Sydney, NSW 2000, tel: 1300 656 419. To lodge a complaint under Victorian laws contact the Equal Opportunity Commission Victoria, level 3/380 Lonsdale St, Melbourne 3000. Advice line Tel: 9281 7100, Toll free country calls 1800 134 142, TTY 9281 7110. Free interpreters and Aboriginal staff are available on request. More information
From the Bookshop
C Ronalds, Discrimination and and Equal Opportunity Law and Practice. $45.
R Pepper, Human Resources Discrimination Law and Practice. $49.
Useful web links
Equal Opportunity Commission: www.eoc.vic.gov.au
Human Rights and Equal Opportunity Commission: www.hreoc.gov.au
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
