AustraliaMy travel insurance company says my pre-existing condition isn't covered, but I disclosed it. What are my rights?
If you disclosed your pre-existing condition when buying travel insurance in Australia, the insurer generally cannot deny coverage unless the policy clearly and fairly excluded it — and they must prove you understood the exclusion.
What the Law Says
Australian insurance law places strict obligations on insurers and consumers regarding disclosure and fairness — especially for pre-existing medical conditions.
Under the Insurance Contracts Act 1984 (Cth), both you and your insurer owe each other a duty of utmost good faith (s. 22). This means the insurer must act honestly, fairly, and transparently — including when designing policy exclusions and explaining them to you.
Section 21 requires insurers to provide you with a Product Disclosure Statement (PDS) before you buy the policy. The PDS must clearly explain any exclusions — including those for pre-existing conditions — in plain language. If the exclusion is vague, hidden, or not brought to your attention, it may not be enforceable.
Section 36 defines a 'pre-existing condition' as one for which you received advice, diagnosis, care or treatment within the six months before the policy starts — but only if the insurer’s PDS properly discloses how this affects cover.
You also have a 14-day cooling-off period (s. 52) to cancel the policy and get a full refund — useful if you later realise the PDS didn’t adequately explain exclusions.
Statutory TextThere is implied in every contract of insurance a term that the parties will act towards one another with the utmost good faith.
— Insurance Contracts Act 1984 (Cth), s. 22 — Duty of utmost good faith
Statutory TextThe insurer must give the insured a product disclosure statement… before the contract is entered into.
— Insurance Contracts Act 1984 (Cth), s. 21 — Disclosure requirements
Statutory TextA pre-existing condition means a condition… for which the insured person received medical advice, diagnosis, care or treatment within the six months before the commencement of the insurance.
— Insurance Contracts Act 1984 (Cth), s. 36 — Pre-existing conditions
What to Do
Check your PDS: Look for clear, prominent wording about pre-existing condition exclusions — not buried in fine print.
Gather proof of disclosure: Save emails, call recordings, or application forms showing you declared the condition.
Lodge a formal complaint with the insurer in writing, quoting s. 22 (utmost good faith) and s. 21 (PDS obligations).
If unresolved, escalate to the Australian Financial Complaints Authority (AFCA) — free and binding up to $1 million.
Act quickly: AFCA generally requires complaints within 2 years of the insurer’s final response.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.