Review of Human Tissue Laws: Issues Paper
Submission Date: 10 July 2025
The Law Council of Australia provided a submission to the Australian Law Reform Commission’s (ALRC) Issues Paper as part of its review of human tissue laws.
In February 2025, the then Attorney-General requested (after consultations with Commonwealth and State and Territory Health Ministers) that the ALRC review Australia’s laws relating to cell, tissue and organ donation, as well as retrieval and transplantation. 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.
The Law Council 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.
In this context, the Law Council's 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
- the importance of considering coronial jurisdiction and timely access to human tissue donation.
The Law Council trusts its submission is of assistance and looks forward to continuing to engage further, particularly when the Discussion Paper is released.
Last Updated on 17/07/2025
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