Call out for input into human tissue law reform

The Australian Law Reform Commission (ALRC) is inviting input on proposed reforms to human tissue laws.

With the release of a discussion paper as a part of its review into current legislation the ALRC has posed dozens of questions and detailed proposed changes and is now seeking feedback.

ALRC Commissioner Dr Maeghan Toews said it was an important initiative considering it has been almost 50 years since the organisation’s first review into these laws.

“Medical treatment, technology and society have changed significantly,” Commissioner Toews said.

“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.

“We welcome input from the community, medical practitioners, researchers, and anyone with an interest in the issues.” 

Organisations or individuals have until 23 January 2026 to make a submission.

The Review of Human Tissue Laws Discussion Paper puts forward 49 proposals covering a wide range of matters – including modernising regulatory framework for better oversight, future-proofing legislation to account for medical or technological advances and improving access to human tissue for valid purposes whilst protecting the rights and dignity of donors.

The ALRC paper has also raised 47 questions, for which it is seeking responses from stakeholders and the community.

The inquiry’s Terms of Reference  explore matters including tissue donation, retrieval and transplantation, definitions of tissue, consent arrangements and disclosure of information provisions.

ALRC President Justice Mordy Bromberg added Australia’s current regulations are “a complex and important framework”.

“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,” he said.

In its work thus far, the ALRC said it has conducted over 40 consultations and received more than 100 submissions.

It stated it would “continue to consult extensively throughout the remainder of the inquiry”.

The Commonwealth Attorney-General referred the review to the ALRC on 6 February 2025. 

The ALRC is set to hand down its final report 16 August 2026.