Australian Law Reform Commission’s Review of Human Tissue Laws
25 July 2025
On 10 July 2025, the Law Council provided a submission to the Australian Law Reform Commission’s Review of Human Tissue Laws.
Our submission was informed by input from the Law Institute of Victoria and the Law Society of Western Australia. We are grateful for the constructive engagement of our members.
Our submission broadly supports the principles-based approach to the review as set out in the Terms of Reference, with a focus on giving consideration to whether, and if so what, reforms are necessary or desirable to harmonise and modernise the various Human Tissue Acts (HTA) and related laws around the country.
The submission focuses on questions 3 to 8 of the Issues Paper and seeks to provide:
- recommended objectives of a national framework for the regulation of human tissue;
- a suggested approach to the different uses of human tissue (e.g., clinical, research, educational, artistic or cultural);
- perspectives on consent requirements and views on a national approach;
- recommendations for reform regarding organ trafficking and organ transplant tourism;
- insights into the need for clarity concerning the interaction with state-based voluntary assisted dying legislation; and
- emphasis on the importance of considering coronial jurisdiction and timely access to human tissue donation.
The Law Council notes that responses to this preliminary consultation will inform a Discussion Paper that will contain ideas for reform and provide further opportunity to comment.
Last Updated on 21/07/2025