26.05.2025
The Australian Law Reform Commission (ALRC) today released its Issues Paper in its Review of Human Tissue Laws, calling for submissions to the Inquiry. The Issues Paper provides a broad overview of the Inquiry and sets out eight questions for stakeholders to consider.
ALRC Commissioner Dr Maeghan Toews, commented on the Issue Paper’s release:
“The Issues Paper is an important guide to the early direction of the Inquiry, and is a key opportunity for stakeholders to inform and engage with the ALRC’s work. I encourage all those with an interest in the Inquiry to make a submission, particularly those with experience of donation and use of human tissue.”
ALRC President the Hon Justice Mordy Bromberg added:
“This Inquiry is looking at a complex area of law with implications for medical treatment, research, education and anyone in the community who may rely on or contribute to the donation and transplantation of tissue. It is imperative that our laws in this area reflect current and emerging technologies and practice, as well as community expectations. The ALRC last reviewed Human Tissue laws in 1977, and I look forward to hearing from all people with an interest in the Inquiry.”
The Issues Paper asks stakeholders to consider and provide feedback on issues including:
- The principles that should guide law reform in this area
- Donation of tissue by living persons and after death
- Anatomical and post-mortem examinations
- Advertising and trade in human tissue
- Allocation of donated human tissue
Submissions are now open in response to the Issues Paper, and the ALRC is inviting individuals and organisations to provide submissions until 4 July 2025.
The ALRC has undertaken extensive initial work and consultations in preparation of this Issues Paper, including the formation and meeting of an expert Advisory Committee.
The ALRC will publish a Discussion Paper in late 2025, which will invite submissions on detailed options for reform.
Background
The Commonwealth Attorney-General referred the Review of Human Tissue Laws to the ALRC on 6 February 2025.
The Review’s Terms of Reference ask 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; consent arrangements; the operation of ‘schools of anatomy’; 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 Inquiry is being led by Commissioner Dr Maeghan Toews, alongside the ALRC President, the Hon Justice Mordecai Bromberg. The ALRC is to provide its final report to the Government by 16 August 2026.
Learn more about the review at https://www.alrc.gov.au/inquiry/review-of-human-tissue-laws/
Links
Review of Human Tissue Laws Issues Paper (2025)
Terms of Reference of 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
