The Australian Government has asked the Australian Law Reform Commission (ALRC) to review human tissue laws across Australia.
It has been almost 50 years since all Australian jurisdictions introduced legislation regulating the use of human tissue. Since that time significant social, technological, and scientific changes have occurred, and human tissue laws have not kept pace.
The inquiry will consider reforms to harmonise and modernise human tissue laws across Australia relating to cell, tissue, and organ retrieval, donation and transplantation.
The ALRC will make recommendations for governments to address any inconsistencies between laws and advise how they can be updated to reflect contemporary expectations and changing technology.
The Commonwealth and state and territory governments are jointly funding the inquiry, and have worked in partnership to develop terms of reference for the review.
Dr Maeghan Toews has been appointed as a full-time Commissioner to lead this inquiry. Dr Toews is a legal academic specialising in health law and has spent the last decade researching organ and tissue donation and transplantation. Dr Toews was appointed after a merit-based selection process and will commence her role on 17 February 2025.
We congratulate Dr Toews on her appointment and thank her for her commitment to this important work.
We look forward to the ALRC's detailed consideration of these issues. The ALRC is due to report by 16 August 2026.
The terms of reference and more information about the inquiry are available on the ALRC website. There will be an opportunity for public consultation.
Quotes attributable to Attorney-General, Mark Dreyfus KC MP:
"I'm pleased all Australian Governments have agreed to this ALRC inquiry and worked together to develop the terms of reference released today.
"It's critical our laws are brought up to date so that Australians who need an organ or tissue donation continue to receive the best possible care."
Quotes attributable to Assistant Minister Ged Kearney MP:
"Modernising Australia's human tissue laws will result in better outcomes for Australians, and ensure we have a strong and sustainable organ donation and transplantation sector.
"This announcement is a fantastic opportunity to remind all Australians to register as a donor and to talk about organ and tissue donation with their family. Someone's life may depend on it!"