Review of Surrogacy Laws: Issues Paper (2025)

The Issues Paper introduces our inquiry and explains what we have been asked to do. It provides a brief overview of surrogacy laws in Australia. 

The Issues Paper also sets out some principles we may use to guide reform and lists some reform issues that appear to be a high priority. We are interested to know your thoughts about these principles or issues, or any other principles or issues you want us to consider. 

There are 27 questions in the Issues Paper that you may wish to answer. We are asking these questions to help us identify the issues or problems that we should examine and to help us develop ideas for reform. You do not need to answer all of the questions.  

You are also welcome to comment on any other matters mentioned in the Terms of Reference.  

Submissions will close on Friday, 11 July 2025.

Make a submission

We have also prepared a short Info Sheet about the Issues Paper and a standalone document listing the questions contained in the Issues Paper. 

Download the questions (PDF/Word)

We are asking for submissions now through the Issues Paper to help us identify the issues we should address and develop ideas for reform. We will also publish a Discussion Paper in November 2025. The Discussion Paper will set out ideas for reform and ask for feedback on those ideas.  

You are welcome to make a submission in response to one or both of our papers.

Submissions in response to the Issues Paper are now open. 

The Issues Paper introduces our inquiry and explains what we have been asked to do. It provides a brief overview of human tissue laws.

The Issues Paper also sets out some aims and principles we may use to guide reform and lists some reform issues that appear to be a high priority. We are interested to know your thoughts about these; or any other aims, principles, or issues you want us to consider.

There are eight questions in the Issues Paper that you may wish to answer. We are asking these questions to help us identify good aims and principles for human tissue laws and law reform, and the issues that we should address when we develop our ideas for reform. You do not need to answer any of the questions. You may want to tell us about your own ideas for reform.

You are also welcome to comment on any other matters mentioned in the Terms of Reference

Submissions will close on 4 July 2025. 

Download the Issues Paper

 

We know that making a submission can be time-consuming and sometimes difficult. We also know that people have competing demands on their time and resources.

We are asking for submissions now to help us identify the issues we should address when we develop our ideas for reform. If you cannot make a submission now, there will be another opportunity to make a submission when we publish our Discussion Paper. The Discussion Paper will contain ideas for reform and ask for feedback on those ideas.  

You are welcome to make a submission in response to one or both of our papers, however you think best. 

Make a submission

Submissions in response to the Discussion Paper are now open. 

The Discussion Paper continues the conversation started earlier in our Inquiry. The Discussion Paper outlines what we have heard so far and sets out some options for reforming the future acts regime. We are now asking you to let us know your thoughts about those options for reform. You can do this by making a submission or in another way that works for you.  

There are 18 Proposals and 23 Questions in the Discussion Paper. These cover a wide range of issues. You do not need to respond to every Proposal or Question if you do not wish to. You can tell us about what is most important to you. 

The first Question in the Discussion Paper is numbered 6 because the Issues Paper contained Questions 1–5. The first Proposal is numbered 1.  

You are also welcome to comment on any other matters mentioned in the Terms of Reference. 

Submissions will remain open until 10 July 2025. 

Download the Discussion Paper
Make a Submission

We have prepared a series of one page Information Sheets that give an overview of the key reform options in the Discussion Paper. We have also produced a standalone document that contains the Proposals and Questions in the Discussion Paper (PDF/Word). 

Download the Info Sheets

  1. Discussion Paper overview
  2. Native Title Management Plans
  3. Agreement-making
  4. Statutory procedures
  5. Right to negotiate
  6. Compensation and other payments
  7. Resourcing, costs, and implementation

We know that making a submission can be time-consuming and sometimes difficult. We also know that people have competing demands on their time and resources, including from the future acts regime itself.  

We are asking for submissions now to give us feedback on options for reform.  

Earlier this year we invited people to give us submissions in response to our Issues Paper. If you were not able to make a submission in response to our Issues Paper, but would like to make one now, you are welcome to respond to both the Issues Paper and the Discussion Paper in your submission.

 

The Terms of Reference for this inquiry tasked the ALRC with examining a range of issues with the aim of strengthening and harmonising sexual assault and consent laws. The referral also asked the ALRC to promote and consider just outcomes for people who have experienced sexual violence, including minimising retraumatisation.

During the Inquiry, the ALRC produced an Issues Paper, conducted 126 consultations with more than 384 consultees, and received 220 submissions. 

Download the Final Report.

Download the Summary Report

Download the Issues Paper

The Issues Paper aims to explain the future acts regime at a high level and introduce our Inquiry. It also starts a conversation by asking you to let us know your thoughts. You can do this by making a submission or in another way that works for you.  

There are five questions in the Issues Paper. We are asking these questions to help us identify the issues or problems that we should examine and to help us develop ideas for reform. You do not need to answer all of the questions. You are also welcome to comment on any other matters mentioned in the Terms of Reference. 

Submissions closed 21 February 2025. 

Download the Issues Paper

We have also prepared a short Info Sheet about the Issues Paper and a standalone document listing the questions contained in the Issues Paper. 

Download the Info Sheet

Download the Questions (PDF) 

Download the Questions (Word)

We know that making a submission can be time-consuming and sometimes difficult. We also know that people have competing demands on their time and resources, including from the future acts regime itself.  

We are asking for submissions now to help us identify the issues we should address when we develop our ideas for reform. If you cannot make a submission now, there will be another opportunity to make a submission when we publish our Discussion Paper. The Discussion Paper will contain ideas for reform and ask for feedback on those ideas.  

You are welcome to make a submission in response to one or both of our papers, however you think best. 

Submissions in response to the questions raised in the Issues Paper have now closed. The ALRC sincerely thanks everyone who has made a submission.

The questions focus on the information, support, and options available to victim survivors following their experience of sexual violence. At the same time, the questions recognise that a person accused of an act of sexual violence cannot be convicted of an offence unless it is established beyond reasonable doubt.

It is not essential to respond to all of the questions in the Issues Paper, and we would like to hear about the questions that matter most to you.

Download the Issues Paper

The ALRC has also prepared a one page Info Sheet about the Issues Paper and a standalone document listing the questions contained in the Issues Paper.

Download the Info Sheet
Download the Questions (PDF)
Download the Questions (Word)

The ALRC welcomes submissions from individuals and organisations from all over Australia.  

The ALRC is especially interested in hearing from: 

  • people who have experienced sexual violence; 
  • state and territory government and law enforcement agencies; 
  • policy and research organisations; 
  • community service providers (especially specialist sexual assault service providers and legal assistance service providers); and 
  • the broader legal profession (including prosecutors and defence lawyers). 
  • people and organisations representing groups that are overrepresented in sexual violence statistics.

This includes:

  • women;  
  • First Nations people;  
  • people from culturally and linguistically diverse (‘CALD’) backgrounds;  
  • people with disability;  
  • people who are lesbian, gay, bisexual, transgender, queer, intersex, asexual, brotherboy, sistergirl, or who have other genders and sexualities (LGBTQIA+);  
  • people who have been convicted of criminal offences and been incarcerated; 
  •  people who are migrants or newly arrived refugees impacted by insecure visa status;  
  • people living with HIV;  
  • people in residential care settings;  
  • older people, especially those experiencing cognitive decline; and  
  • young people.

Submissions in response to the Issues Paper closed on Friday, 24 May 2024. Public submissions will be published on the ALRC website in accordance with the Submissions Policy.  

The ALRC wishes to respect the ability of people to identify as having experienced sexual violence and to share their experiences in a submission. However, different laws generally restrict how and when some information can be published if it would identify a victim survivor, a complainant in legal proceedings, or a person accused of committing sexual violence. Further information is available on the Submissions page. 

Support services: 

If you, or someone you know, needs help, the following services are available: 

If you, or someone you know, needs legal support, the following services are available: 

  • Women’s Legal Services: https://www.wlsa.org.au/members/ 
  • Community Legal Centres: www.clcs.org.au 
  • Legal Aid: www.nationallegalaid.org/contact 
  • Aboriginal and Torres Strait Islander Legal Services: contact your State or Territory Aboriginal and Torres Strait Islander legal service provider to receive support. 
  • Law Societies and Institutes: contact your State or Territory law society/institute to receive support finding a lawyer. 

If you are feeling unsafe or frightened, or if threats have been made against you, you should contact your local police for assistance and if you are in immediate danger, dial Triple Zero (000). 

To report a crime or to contact police in a non-urgent situation, contact your local police on 131 444. Some states and territories offer online and alternative methods of reporting. If you want to report a crime anonymously, call Crime Stoppers on 1800 333 000 or visit www.CrimeStoppers.com.au. 

The Australian Law Reform Commission (‘ALRC’) report, Maximising the Realisation of Human Rights: Religious Educational Institutions and Anti-Discrimination Laws (ALRC Report 142), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC on 21 March 2024.

The Terms of Reference for this inquiry tasked the ALRC with recommending the legislative reforms required to ensure that the government’s policy when enacted as law, will be consistent with Australia’s international legal obligations. The ALRC conducted over 130 consultations and received over 400 submissions and 40,000 survey responses.

The implementation of the government’s policy in accordance with the ALRC’s recommended reforms will:

  • substantially narrow the circumstances in which discrimination by religious educational institutions of their students and staff is permissible at law.
  • maximise the enjoyment of human rights and appropriately manage the intersection of rights.
  • ensure any restriction of rights is justifiable under international law.
  • make federal law more consistent with state and territory laws and the law in comparable overseas jurisdiction.

Download the Final Report.

Download the Summary Report

Download Consultation Paper.

Download Inquiry Background Papers:

The Australian Law Reform Commission report, Confronting Complexity: Reforming Corporations and Financial Services Legislation (ALRC Report 141), was tabled in Parliament by the Attorney-General of Australia, the Hon Mark Dreyfus KC, on 18 January 2024.

The Final Report contains 58 recommendations aimed at transforming corporations and financial services legislation into a more adaptive, efficient, and navigable legislative framework. The Final Report builds upon the three Interim Reports published during the Inquiry, which contained 23 of the 58 recommendations.

Implementing the recommendations made by the ALRC would produce legislation that:

  • is easier to navigate and understand;
  • reduces the costs of unnecessary complexity in the existing legislative framework;
  • promotes the principled use of delegated legislative powers, with appropriate levels of guidance and oversight from Parliament;
  • promotes meaningful compliance with the substance and intent of the law;
  • is flexible and adaptive to new business models, technologies, and practices; and
  • provides a better platform for implementing future policy initiatives.

Download the Final Report.

Download the Summary Report

Download additional resources:

  • Delegated Legislative Powers Mapping: Database identifying powers to make delegated legislation in the financial services-related provisions of Chapter 7 of the Corporations Act 2001 (Cth) and Part 2 Div 2 of the Australian Securities and Investments Commission Act 2001 (Cth).
  • Policy Initiatives Data: Database identifying policy initiatives relating to corporations and financial services legislation undertaken between 2010 and 2022.

Over the course of the Inquiry, the ALRC produced three Interim Reports and 12 Background Papers: 

Hard copy versions of the report are also available to purchase.

Further resources are available as part of the ALRC’s data analysis for the Inquiry on the DataHub.

This Background Paper aims to reflect what the Australian Law Reform Commission (‘ALRC’) heard from a wide range of stakeholders during its Inquiry into Religious Educational Institutions and Anti-Discrimination Laws. The Background Paper includes an overview of the Inquiry approach, including the methodology adopted to create an evidentiary base for the ALRC’s recommendations, and an analysis and discussion of key themes and interrelated issues which emerged from consultations, submissions, and survey responses.

These background papers are intended to provide a high-level overview of topics of relevance to the Inquiry, including key principles and areas of research that underpin the development of recommendations.

Around the world, jurisdictions have grappled with the problem of how best to maximise realisation of all human rights in the context of religious educational institutions. Different jurisdictions have dealt with this issue in different ways, which has led to a variety of legal approaches. This Background Paper discusses the application of anti-discrimination law to religious educational institutions from a comparative law perspective. The laws of five foreign jurisdictions are examined, including the European Union, England and Wales, the Republic of Ireland, New Zealand, and Canada.

These background papers are intended to provide a high-level overview of topics of relevance to the Australian Law Reform Commission’s Inquiry into Religious Educational Institutions and Anti-Discrimination Laws, including key principles and areas of research that underpin the development of recommendations.