The Australian Law Reform Commission (ALRC) will undertake a wide-ranging review of Australia’s human tissue laws after receiving Terms of Reference from Commonwealth Attorney-General Mark Dreyfus KC. The inquiry will examine how to modernise and harmonise regulation across states and territories.
The review follows agreement by all Commonwealth, state and territory health ministers to revisit the laws. The ALRC has been directed to explore the donation, retrieval and transplant of human cells, tissues and organs; consent arrangements; the regulation of schools of anatomy and donations for education; legal frameworks in every jurisdiction for donation and retrieval from living and deceased people; and cost recovery, financial and other considerations tied to the manufacture and provision of tissue.
The Commission has also been asked to consider equity and ethical approaches to improving access to transplantation, contemporary and emerging technologies and practices, and international experience and approaches.
ALRC President the Hon Justice Mordecai Bromberg said: “I am pleased to lead this Review alongside Commissioner Dr Maeghan Toews, and to consider how to best modernise this highly complex and important area of law. The ALRC first looked at human tissue laws almost 50 years ago, and while social, technological and scientific changes have accelerated since then, human tissue laws have not kept pace.
“The ALRC excels at combining cutting edge legal thinking, expert research, extensive consultation and community engagement. This Review will exemplify the importance and value of the specialised law reform work that the ALRC delivers, ensuring Australian law remains relevant, contemporary, best practice, and responsive to evolving community expectations.
“Commissioner Toews is recognised both in Australia and internationally for her experience and expertise on human tissue laws. I look forward to collaborating with her throughout this Inquiry.”
The inquiry will commence on 17 February 2025, with the ALRC asked to deliver its final report to the Attorney-General by 16 August 2026.
Further information, including the Terms of Reference and updates on the review, is available at:
– Review of Human Tissue Laws: https://www.alrc.gov.au/inquiry/review-of-human-tissue-laws/
– Terms of Reference: https://www.alrc.gov.au/inquiry/review-of-human-tissue-laws/terms-of-reference/
– About the ALRC: https://www.alrc.gov.au/about/
