Check whether the Insurance Contracts Act applies to the contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy and any proposal, list the class of cover. Mark whether the contract is, or includes provisions that would be, reinsurance, private health insurance or health-related business of a private health insurer, friendly society insurance, Export Finance and Insurance Corporation insurance other than a short-term contract entered after the relevant paragraph commenced, marine insurance, insurance for a workers' compensation law or for death or injury from the use of a motor vehicle, or an employer's common-law damages cover written for a workers' compensation law. Note any second group of provisions that would not fall in those classes. Do not decide that the Act applies or does not apply.
- What the lawyer must review
- Decide whether section 9 takes the contract, or only a group of its provisions, outside the Act. The chapeau is 'except as otherwise provided by this Act'. Subsection (1A) treats an excluded group and a non-excluded group as separate contracts. Subsection (1B) treats workers' compensation provisions and the related common-law damages cover together, despite subsection (1A). Subsection (1C) pulls a related provision into that separate contract. Subsection (2) deals with contracts entered in the course of State insurance or Northern Territory insurance, including joint insurance by a State or the Northern Territory and another insurer. Subsection (3) disapplies listed sections for aircraft war risks. Subsection (4) disapplies sections 53 and 63 for a provision that authorises variation or cancellation of war or terrorism cover, to the extent the provision is prescribed or identified by the regulations.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the policy and any proposal, list the class of cover. Mark whether the contract is, or includes provisions that would be, reinsurance, private health insurance or health-related business of a private health insurer, friendly society insurance, Export Finance and Insurance Corporation insurance other than a short-term contract entered after the relevant paragraph commenced, marine insurance, insurance for a workers' compensation law or for death or injury from the use of a motor vehicle, or an employer's common-law damages cover written for a workers' compensation law. Note any second group of provisions that would not fall in those classes. Do not decide that the Act applies or does not apply. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy the class of cover from the schedule and wording, not from the file name.
- Separate mixed contracts into the groups subsections (1A) and (1B) describe before saying the whole contract is outside the Act.
- Leave State insurance, Northern Territory insurance and prescribed war or terrorism provisions for the lawyer.
- Do not treat section 9 as switching off a duty that another section of the Act expressly keeps.
Sources
- Insurance Contracts Act 1984 (Cth), section 9 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.