Complainant 201823 v Insurance Australia Group Ltd trading as NRMA

In the Australian Human Rights Commission v Insurance Australia Group Ltd trading as NRMA, the complainant alleged that the insurer discriminated against him by refusing to provide public liability insurance on the basis of a criminal conviction. The matter was brought before the Australian Human Rights Commission as the complainant alleged the insurer had breached the Discrimination Act 1991. The insurer contended that the refusal to provide insurance was not discriminatory as the criminal conviction was relevant to the risk profile of the complainant.

The primary legal issues before the court were whether the insurer's refusal to provide insurance constituted discrimination on the basis of an irrelevant criminal conviction, whether there was unfavourable treatment, and whether the discrimination was reasonable in the circumstances. The court considered the definition of discrimination under the Discrimination Act 1991, and the factors outlined in section 28 of the Act, including the nature of the discrimination and the proportionality of the response.

The court held that the refusal to provide insurance did constitute discrimination as it was based on an irrelevant criminal conviction, which was not relevant to the risk profile of the complainant. The court found that the discrimination was not reasonable in the circumstances, as the insurer had not considered the complainant's current circumstances and risk profile. The court also found that there was unfavourable treatment as the complainant was treated less favourably than others in similar circumstances. The court noted that the insurer had not taken into account the nature of the criminal conviction, the time elapsed since the conviction, and the complainant's current circumstances.

The matter is listed for submissions on remedy on Friday 26 June 2019 at 10:00am. The court will consider the appropriate remedy for the complainant, which may include an order for the insurer to provide insurance to the complainant, an apology, or compensation.