Law Reform Commission paper discusses planned human tissue law reform

• Harmonise and modernise the national regulatory framework for human tissue laws to enhance oversight 
• Improve human tissue access for valid purposes, while safeguarding donors’ rights and dignity 
• Future-proof human tissue legislation to reflect contemporary and emerging medical and technological innovations, developments, and practices 

“Australia needs human tissue laws that appropriately respond to new technologies and therapies, protect fundamental human rights, and support a donation and transplantation system that saves lives,” Toews said. 

“The proposed reforms in our discussion paper strive to protect public trust in donation and transplantation systems, support critical medical and scientific research, and maintain the utmost respect for individuals and the human body,” Justice Bromberg added. 

In its media release, the ALRC shared that the discussion paper raises 47 questions for stakeholder and community input on key issues. These questions include: 

• Is there a need for new human tissue legislation to include provisions designed to remove barriers and promote equitable access to human tissue donation, transplantation, and use? 
• How should human tissue laws define ‘tissue’ (or an alternative label) to be suitably broad? 
• Should human tissue laws exclude human milk, foetal tissue, faecal tissue, gametes from deceased donors, or cell lines as materials? 

Context of review

On 6 February 2025, Australia’s attorney-general referred the review of human tissue laws to the ALRC. Bromberg and Toews are leading the review. 

“Australia’s laws regulating human tissue are a complex and important framework,” Bromberg said in the ALRC’s media release. 

“With almost 50 years between the ALRC’s first review of human tissue laws and our current review, medical treatment, technology and society have changed significantly,” Toews added. 

The terms of reference for the inquiry asked the ALRC to explore matters such as: 

• tissue donation, retrieval, and transplantation 
• definitions of tissue 
• consent arrangements 
• disclosure of information provisions 
• equity and ethical approaches to improving access to cell, tissue, and organ transplantation 
• international experience and approaches 

The ALRC noted that it has so far held over 40 consultations with more than 100 consultees, accepting over 100 submissions responding to its previously published issues paper. 

The ALRC said it will keep consulting for the rest of the inquiry, with a view to delivering its final report to the government by 16 August 2026.