Review of Human Tissue Laws: Discussion Paper

Submission Date: 20 February 2026

The Law Council of Australia provided a submission to contribute to the Australian Law Reform Commission’s (the ALRC’s) Discussion Paper as part of its Review of human tissue laws.

The Discussion Paper builds on the ALRC’s Issues Paper,¹ to which the Law Council responded on 10 July 2025,² and seeks feedback on reform proposals and related questions on a wide range of issues. We understand that the Final Report is due to be delivered to the Attorney-General by 16 August 2026.

The Law Council welcomes the ALRC’s consultative approach and supports many of the directions explored in the Discussion Paper, in particular those that address inconsistencies and remove obstacles to the provision of appropriate medical treatment, while upholding the inherent dignity and rights of all persons. This submission focuses on matters relating to:

• a nationally harmonised regulatory framework for human tissue laws;
• the objects of human tissue laws and the need to align with human rights;
• promoting equitable access to human tissue and improving access to data;
• to the definition of “tissue”;
• to the determination of “death”;
• deceased donation, which involves considerations of consent requirements, the designated officer role, the authorised decision-maker, pre-mortem interventions, coronial consent to donation, and the respectful and dignified treatment of a deceased body;
• the trade in tissue, including prohibiting the exchange of human tissue for reward, giving extraterritorial effect to the prohibition, agreement for an exchange to be void, exceptions to the prohibition on the exchange for reward, guidance on cost recovery, prohibiting advertising, reforms relating to tissue importation ethics and oversight, and the timeframe for implementing reform proposals; and
• how information may be disclosed and shared.

The Law Council encourages the ALRC to maintain a rights-focused and nationally coherent approach in its final recommendations, particularly in areas where complex ethical and practical considerations are involved.

The Law Council would welcome the opportunity to provide further assistance as the Review progresses.

^{1 Australian Law Reform Commission, Review of Human Tissue Laws (Issues Paper 51, May 2025).
2 Law Council of Australia, Review of Human Tissue Laws: Issues Paper (Submission, 10 July 2025).}

Last Updated on 03/03/2026

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