Review of Human Tissue Laws: Discussion Paper released

The Australian Law Reform Commission (ALRC) has today released the Discussion Paper in its Review of Human Tissue Laws. The Discussion Paper contains a number of questions and proposed reforms for feedback. Organisations and individuals with an interest in the Inquiry are invited to provide submissions until 23 January 2026. 

ALRC Commissioner Dr Maeghan Toews said: 

“With almost 50 years between the ALRC’s first review of human tissue laws and our current review, medical treatment, technology and society have changed significantly. Australia needs human tissue laws that appropriately respond to new technologies and therapies, protect fundamental human rights, and support a donation and transplantation system that saves lives. Our Discussion Paper proposes important reforms to human tissue laws, and we welcome input from the community, medical practitioners, researchers, and anyone with an interest in the issues.”  

ALRC President the Hon Justice Mordy Bromberg added: 

“Australia’s laws regulating human tissue are a complex and important framework. The proposed reforms in our Discussion Paper strive to protect public trust in donation and transplantation systems, support critical medical and scientific research, and maintain the utmost respect for individuals and the human body. I encourage all stakeholders and members of the community to engage with the Discussion Paper and make a submission.”  

The Review of Human Tissue Laws Discussion Paper presents 49 proposals for reform, in areas including: 

• Harmonising and modernising the national regulatory framework for human tissue laws to provide better oversight; 

• Future proofing human tissue legislation, to account for innovations and advances in medicine and technology; and 

• Improving access to human tissue for valid purposes, while protecting the rights and dignity of donors of human tissue. 

The Discussion Paper also asks 47 questions, which seek input from stakeholders and the community on key issues identified by the ALRC. 

To date, the ALRC has conducted more than 40 consultations with more than 100 consultees, and received more than 100 submissions in response to its Review of Human Tissue Laws Issues Paper.  The ALRC will continue to consult extensively throughout the remainder of the inquiry. 

Background 

The Commonwealth Attorney-General referred the Review of Human Tissue Laws to the ALRC on 6 February 2025.  

The Inquiry’s Terms of Reference request the ALRC to consider what reforms are necessary to harmonise and modernise human tissue laws. As part of this, the ALRC has been asked to explore matters including tissue donation, retrieval and transplantation; definitions of tissue; consent arrangements; and disclosure of information provisions. The ALRC has also been asked to consider: equity and ethical approaches to improving access to cell, tissue and organ transplantation; contemporary and emerging technologies and practices; and international experience and approaches. 

The Review of Human Tissues Laws is being led by ALRC President, the Hon Justice Mordy Bromberg , alongside Commissioner Dr Maeghan Toews. The ALRC is to provide its final report to the Government by 16 August 2026. 

Learn more about the review at www.alrc.gov.au/inquiry/review-of-human-tissue-laws. 

Links 

• Review of Human Tissue Laws: Discussion Paper (2025) 
• Review of Human Tissue Laws: Issues Paper (2025) 
• Submissions to the Review of Human Tissue Laws
• Terms of Reference for the Review of Human Tissue Laws 

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