Australian Law Reform Commission Inquiry into Human Tissue Laws in Australia

The Australian Law Reform Commission (ALRC) has received Terms of Reference from Commonwealth Attorney-General the Hon Mark Dreyfus KC MP to review Australian human tissue laws. The review is asked to inquire and report on what reforms might be necessary to modernise and harmonise human tissue laws across Australian jurisdictions. 

Following the agreement of all Commonwealth, State and Territory Health Ministers to review human tissue laws, the Terms of Reference direct the ALRC to explore matters including: 

• Donation, retrieval and transplant of human cells, tissues and organs
• Consent arrangements
• Regulation of ‘schools of anatomy’ and donation for education purposes
• Frameworks across all Australian jurisdictions relating to donation and retrieval of cells, tissues and organs from living and deceased persons
• Cost recovery, financial and other considerations relating to manufacture and provision of tissue 

The ALRC is also asked to consider: 

• Equity and ethical approaches to improving access to cell, tissue and organ transplantation
• Contemporary and emerging technologies and practices
• International experience and approaches 

In welcoming the commencement of the new inquiry, ALRC President the Hon Justice Mordecai Bromberg said: 

“I am pleased to lead this Review alongside Commissioner Dr Maeghan Toews, and to consider how to best modernise this highly complex and important area of law. The ALRC first looked at human tissue laws almost 50 years ago, and while social, technological and scientific changes have accelerated since then, human tissue laws have not kept pace. 

“The ALRC excels at combining cutting edge legal thinking, expert research, extensive consultation and community engagement. This Review will exemplify the importance and value of the specialised law reform work that the ALRC delivers, ensuring Australian law remains relevant, contemporary, best practice, and responsive to evolving community expectations. 

“Commissioner Toews is recognised both in Australia and internationally for her experience and expertise on human tissue laws. I look forward to collaborating with her throughout this Inquiry.” 

The Inquiry will commence on 17 February 2025, and the ALRC has been asked to deliver its final report to the Attorney-General by 16 August 2026. 

Links 

• Review of Human Tissue Laws page: https://www.alrc.gov.au/inquiry/review-of-human-tissue-laws/
• Terms of Reference: https://www.alrc.gov.au/inquiry/review-of-human-tissue-laws/terms-of-reference/
• Further information about the ALRC, its work and leadership: https://www.alrc.gov.au/about/ 

ENDS 

For more information contact: 

Jez Hunghanfoo 
Director of Communications and Engagement 
P: 03 9959 5313 
E: comms@alrc.gov.au 
W: www.alrc.gov.au