This week, the Australian Law Reform Commission (ALRC) published an Issues Paper as part of its current review into Human Tissue Laws. A copy of the paper is available: Review of Human Tissue Laws: Issues Paper (2025) | ALRC

Human tissue includes solid organs (e.g. kidneys, liver, heart, lungs, and pancreas); blood; bone marrow; and other bodily substances (e.g., heart valves, bone, tendons, and corneas). Human tissue is collected and used in a number of contexts in Australia, including for medical, research and educational purposes.

A complex web of State and Territory laws govern the collection, use and disposal of human tissue, from living and deceased people. Although a model law regulating the use of human tissue in the context of organ donation and transplants was recommended by the ALRC following its 1977 report Human Tissue Transplants (Report No 7, 1977), the laws were not implemented in a uniform manner by each of the States and Territories, and have been subject to various independent amendments over time. This review marks the first national review into human tissue laws since the late 1970s.

Key principles in Issues Paper

The Issues Paper identifies four fundamental principles that will underpin the review, ensuring that human tissue laws are ethical and just:

1. Reform should support increased access to human tissue in Australia;
2. Respect for persons and the human body should be prioritised;
3. Reform should support equitable participation in, and access to, donation and transplantation systems; and
4. Reform should promote and uphold public trust.

Priority areas for reform

The priority areas that have been identified for reform include:

1. The definition of "human tissue" – including whether the definition should encompass gametes (sperm or egg cells, and whether they should be dealt with exclusively in the context of laws governing reproductive technology), human breast milk, or cell-lines (used in medical research).
2. The donation of tissue by living persons – including what tissue should be used in research and what protections are required for donors, including donors who are children or lacking legal capacity at the time of donation.
3. The donation of tissue after death – including how "death" should be defined, who should be able to authorise tissue donation when a person dies and who should be authorised to remove tissue.
4. The use of bodies and tissue for anatomical and post-mortem examinations – including how should consent to such activities be regulated, and how should schools of anatomy be regulated.
5. Advertising and trading in human tissue – including whether there should be blanket prohibitions or specified permissible uses, and whether it is permissible to make public requests for tissue donation.
6. Allocation of donated tissue – including whether existing guidelines are sufficient or should the law be amended to address perceived inequities in the waitlisting and allocation system for human tissue for medical interventions.

Next steps

The ALRC has made for a call for submissions in response to the Issues Paper. Submissions are due by 4 July 2025.

Following receipt of submissions, the ALRC will prepare and release a Discussion Paper which will set out proposals for reform. Interested parties will have a further opportunity at that time to engage in consultation and provide feedback on those ideas.

Australia's current human tissue laws require amendment to ensure they remain fit for purpose for our modern healthcare, research and education sectors, as well as balancing the rights of individuals and their families to make informed decisions as to what happens to their bodies and tissue.

If you are planning to make a submission to the inquiry, and would like assistance in preparing or reviewing your submission, please reach out to a member of MinterEllison's dedicated healthcare and life sciences team.