Relevant Commonwealth and Victorian legislation includes the following.
Insurance Contracts Act 1984 (Cth) ("IC Act")
The IC Act applies to insurance policies entered into after 1 January 1986. The IC Act is a significant piece of consumer protection legislation, which reformed the common law relating to insurance policies. The IC Act does not apply to policies of reinsurance, health insurance, marine insurance, workers compensation or compulsory third party (personal injury) motor vehicle insurance.
The IC Act is referred to extensively throughout this chapter. Those seeking to rely on a provision of the IC Act should check the Act carefully first to find out whether the particular provision applies to the insurance policy or issue in question. A copy of the IC Act can be viewed at www.austlii.edu.au, under Commonwealth legislation.
Insurance Contracts Regulations 1985 (Cth) ("IC Regulations")
The IC Regulations, among other things, prescribe standard cover for certain policies of domestic insurance (see: "Prescribed contracts", below).
It is important for policyholders and legal practitioners to consult the Regulations and check that the insurance policy under consideration conforms with the prescribed standard cover.
Financial Services Reform Act 2001 (Cth) ("FSR Act")
This Act deals with certain types of insurance policies including domestic lines of insurance, and significantly affects the way insurance companies, their agents and insurance brokers deal with the public in the marketing and sale of insurance policies. It amends the:
- Insurance Contracts Act 1984 (Cth); and
- Insurance Act 1973 (Cth).
Instruments Act 1958 (Vic)
Sections 2529 may also be relevant in some circumstances.
LEGISLATION :: Last updated: Thu Jul 1st 2010


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