The Australian Government will establish an Australian Law Reform Commission (ALRC) inquiry into human tissue laws to determine whether legislative reform is required to harmonise laws across the nation.
Human organ and tissue donation and transplantation is regulated by Commonwealth, state and territory legislation. Human tissue legislation was enacted by all Australian jurisdictions following recommendations of the ALRC’s 1977 report, Human Tissue Transplants.
The ALRC’s recommendations were aimed at harmonising laws across Australia regulating the donation of blood, tissues and organs for transplantation, and their use for scientific, therapeutic and medical purposes.
Almost fifty years later human tissue laws have not kept pace with significant social, technological, and scientific changes and amendments to legislation have created increasing inconsistencies between jurisdictions.
The ALRC inquiry will look at how to ensure laws across Australia are up to date, and consistent.
All Commonwealth, state and territory Health Ministers have agreed to jointly fund the ALRC inquiry and Health Ministers are working together to develop terms of reference for the inquiry which will be made public when the Attorney-General formally refers the inquiry to the ALRC later this year.
A merit-based selection process to identify a suitable Commissioner to lead the inquiry will commence as soon as possible.
The ALRC review process will include an opportunity for public consultation. Further information about the inquiry will be available on the Australian Law Reform Commission website in due course.
Quotes attributable to Attorney-General, Mark Dreyfus KC MP:
“1,396 Australians received a life-saving organ transplant in 2023 and thousands more had their quality of life dramatically improved by organ and tissue donations.
“There is strong support from states and territories for this inquiry to ensure our laws are brought up to date with the significant social, technological and scientific advances since Australia’s tissue laws were comprehensively reviewed in 1977.”
Quotes attributable to the Assistant Minister for Health and Aged Care, Ged Kearney MP:
“It’s been almost 50 years since Australia’s tissue laws were comprehensively reviewed. I look forward to examining the report and considering options for reform.
“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!”
