Introduction

33.1 This chapter discusses the potential use of genetic information in the context of a workers’ compensation claim or a common law claim for damages for work-related injury or death. The Inquiry is not aware of any instances in which Australian employers or insurers have sought to obtain or use genetic test information in this context. However, as the scientific reliability and range of genetic tests increases, and the cost of testing decreases, there will be clear incentives for employers or insurers to seek access to this information.

33.2 There are three ways in which employers or their insurers might in future seek access to such information: first, to calculate an employer’s insurance premium for a workers’ compensation scheme; second, to determine liability under a workers’ compensation scheme or at common law; and third, to calculate the quantum of compensation or damages payable for a work-related injury or death.