---
title: "Check whether the Insurance Contracts Act applies to the contract"
url: "https://ailawframework.com/practice/insurance-law/check-whether-the-insurance-contracts-act-applies-to-the-contract"
type: "task"
site: "AI Law Framework"
id: "A22-MA20261022-7"
practice_area: "Insurance Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether the Insurance Contracts Act applies to the contract

> 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…

Canonical page: https://ailawframework.com/practice/insurance-law/check-whether-the-insurance-contracts-act-applies-to-the-contract  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insurance Law](https://ailawframework.com/practice/insurance-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Copy the class of cover from the schedule and wording, not from the file name.
2. Separate mixed contracts into the groups subsections (1A) and (1B) describe before saying the whole contract is outside the Act.
3. Leave State insurance, Northern Territory insurance and prescribed war or terrorism provisions for the lawyer.
4. Do not treat section 9 as switching off a duty that another section of the Act expressly keeps.

## Notes

- 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.

## Sources

- [Insurance Contracts Act 1984 (Cth), section 9](https://classic.austlii.edu.au/au/legis/cth/consol_act/ica1984220/s9.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/insurance-law/check-whether-the-insurance-contracts-act-applies-to-the-contract/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*