Insurance Contracts Regulations 1985

Administered by Department of the Treasury

Legislation au F1996B00717 Regulations Not in force Legislative Instrument

Legislation content

Insurance Contracts Regulations 1985

Statutory Rules No. 162, 1985

made under the

Insurance Contracts Act 1984

Compilation No. 15

Compilation date:   28 December 2015

Includes amendments up to: SLI No. 50, 2015

Registered:    13 January 2016

About this compilation

This compilation

This is a compilation of the Insurance Contracts Regulations 1985 that shows the text of the law as amended and in force on 28 December 2015 (the compilation date).

This compilation was prepared on 11 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Name of regulations

2 Interpretation

2A Definition of consumer credit insurance

Part 4—Disclosures and misrepresentations

Division 1—Insured’s duty of disclosure

2B Eligible contracts of insurance (Act, s21A(6))

3 Duty of disclosure—written notice

3A Duty of disclosure—reminder notice

3B Duty of disclosure—oral notice

Division 3—Remedies for non‑disclosure and misrepresentations by insured

4 Prescribed rate of interest—subparagraph 30(2)(b)(i) of the Act

Division 4—Key Facts Sheets

4A Application of Division

4B What is a Key Facts Sheet?

4C Insurer’s obligation to provide Key Facts Sheet

Part 5—The contract—standard cover

Division 1—Motor vehicle insurance

5 Prescribed contracts

6 Prescribed events

7 Exclusions

8 Minimum amounts

Division 2—Home buildings insurance

9 Prescribed contracts

10 Prescribed events

11 Exclusions

12 Minimum amounts

Division 3—Home contents insurance

13 Prescribed contracts

14 Prescribed events

15 Exclusions

16 Minimum amounts

Division 4—Sickness and accident insurance

17 Prescribed contracts

18 Prescribed events

19 Exclusions

20 Minimum amounts

Division 5—Consumer credit insurance

21 Prescribed contracts

22 Prescribed events

23 Exclusions

24 Minimum amounts

Division 6—Travel insurance

25 Prescribed contracts

26 Prescribed events

27 Exclusions

28 Minimum amounts

Division 7—Limits on minimum amounts

29 Limits on minimum amounts

Division 8—Flood insurance

29A Definition for Division 8

29B Small businesses

Overview

The Insurance Contracts Regulations 1985 were enacted to provide detailed rules and requirements for insurance contracts in Australia, supplementing the broader legislative framework established by the Insurance Contracts Act 1984. The primary objective of these regulations is to ensure transparency, fairness, and clarity in the insurance industry by specifying the conditions under which insurers can offer coverage, the information that must be disclosed to policyholders, and the remedies available in cases of non-disclosure or misrepresentation. These regulations address various types of insurance, including motor vehicle, home buildings, home contents, sickness and accident, consumer credit, and travel insurance, by detailing prescribed events, exclusions, and minimum payout amounts for claims. The regulations were made under the authority of the Insurance Contracts Act 1984 and have been amended over the years to adapt to changes in the insurance landscape and to address gaps in consumer protection and market practices.

Scope and Application

The Insurance Contracts Regulations 1985, made under the Insurance Contracts Act 1984, apply to insurance contracts in Australia. They regulate the conduct of insurers and insureds, focusing on disclosures, misrepresentations, and the provision of Key Facts Sheets. These regulations apply to a variety of insurance contracts including motor vehicle, home buildings, home contents, sickness and accident, consumer credit, and travel insurance. The regulations specify prescribed events, exclusions, and minimum amounts for claims related to these contracts. Additionally, they detail the obligations of insurers to provide written notices and Key Facts Sheets to insureds. The regulations also outline the consequences for non-disclosure or misrepresentation by insureds, including the potential for contract cancellation or reduction of claim payments. Furthermore, the regulations include transitional arrangements for certain amendments, such as those introduced by the Insurance Contracts Amendment Regulation 2012 (No. 1). The Act extends its application through subordinate instruments, which may include further regulations or guidelines issued under the authority of the Act.

Key Provisions

  • The Insurance Contracts Regulations 1985 outline the requirements and obligations for various types of insurance contracts under the Insurance Contracts Act 1984. These regulations specify the types of insurance contracts that must adhere to the disclosure and misrepresentation rules, including motor vehicle, home buildings, home contents, sickness and accident, consumer credit, and travel insurance. They also detail the prescribed events, exclusions, and minimum indemnity amounts for these insurance types. For example, motor vehicle insurance must cover loss or damage to the vehicle and liability for damage to other property, excluding depreciation, wear and tear, and certain uses of the vehicle. The regulations also mandate the provision of Key Facts Sheets for home buildings and home contents insurance contracts, detailing the required content and format. Additionally, they impose duties of disclosure on insured persons, requiring them to inform insurers of any relevant information that could affect the insurer's decision to provide coverage. Failure to disclose can result in contract cancellation, claim refusal, or other penalties. The regulations further specify the interest rate for withheld payments and the circumstances under which an insurer may vary or cancel a provision of a contract related to war or terrorism risks. Compliance with these regulations is essential for insurers and insured parties to ensure transparency and fairness in insurance contracts.

Legal classification tags

Area of Law
Insurance Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Licensing & Registration
Regulatory Standards
Extraterritorial Application
Civil Penalty Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.