Review of Human Tissue Laws: Discussion Paper
5 March 2025
On 20 February 2026, the Law Council provided a submission to the Australian Law Reform Commission in response to a Discussion Paper as part of its review of human tissue laws.
Our submission was informed by input from the New South Wales Bar Association, the Law institute of Victoria and the National Human Rights Committee.
The Law Council has indicated support for 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. The 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;
- the definition of “tissue”;
- 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 submission 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 ALRC has been asked to provide its final report to the Attorney-General by 16 August 2026.
Last Updated on 03/03/2026