Genetic Screening

My question is to the Minister representing the Treasurer. I think the minister would agree with me that removing the barriers for individuals to undertake genetic screening is worthwhile to implement as a preventive measure against various diseases such as heart disease and hereditary breast and ovarian cancer. The Assistant Treasurer has been working on a bill to bring before the parliament to stop any discrimination against those using such tools. Can you outline if any further steps have been taken on this front, please?

Senator GALLAGHER: I thank Senator Van for that question. It's an important question because, as Senator Van outlined in his preamble to the question, the benefits and opportunities that can come from scientific knowledge and people being able to have genetic risks identified are huge and are only going to continue to grow as medical diagnostics and screening tests continually improve.

There are also some risks that come with greater access to data and knowledge about an individual's health. That's why the Assistant Treasurer announced in, I think, September 2024 that we would be looking to introduce legislation as soon as possible to make sure that predictive genetic test results are not able to be used to discriminate in the provision of life insurance underwriting.

This recognises the benefits that come with health technologies. We know people have greater access to genetic testing, and it will become increasingly important as technology evolves. It's also important to provide some protection and to make sure that people will not be discriminated against on the basis of an adverse genetic test result through their life insurance. That's the work that's being done now. I'm advised that the Assistant Treasurer has been working through some of the technical detail of this work since announcing that decision in September, and soon Treasury will undertake consultation on the design of the proposed draft legislation.

Senator VAN: Can you update us as to the timing of that consultation?

Senator GALLAGHER: I thank Senator Van for the supplementary. The only advice I have before me today—and I'll see if there's anything further I can provide you with outside the chamber—is that soon there will be a consultation process on the design of exposure draft legislation to enact the ban of the use of adverse genetic testing results in life insurance. I'll see if I can narrow that down from 'soon' to something more tangible.

Senator VAN: Without wanting to stretch the point, given the importance of this that you outlined, can Australians be confident that this legislation will come before this parliament?

Senator GALLAGHER: I thank Senator Van for the question. The advice I have is that we were doing a consultation process on the design of an exposure draft piece of legislation. That indicates to me that it would be difficult to get legislation passed through this parliament before the federal election is due in May, as an exposure draft usually takes some time. But if that's incorrect, I will come back to the chamber.

As I understand it, there's going to be a consultation process. There's going to be advice going out about the design of the proposed approach to feed into an exposure draft. There are only a short number of weeks left, in February and March. I don't have the sitting calendar in front of me, but it would seem that, if we're to have a proper consultation process on an exposure draft, that would prevent that.