Law Report Defining death: ALRC examines laws around human tissue and organs
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Jul 15, 2025 Angela Webster, a transplant physician and epidemiology professor, discusses how the medical definition of death in Australia lags behind modern science. Dominique Martin, an ethics expert, voices concerns over financial incentives for organ donation, while Megan Taves, a health law academic, delves into the tricky legal definitions surrounding human tissue. The conversation highlights the pressing need for legislative updates to enhance organ donation practices and address ethical issues, such as transplant tourism and the regulation of human milk.
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Trade Restrictions Hamper Research
- Prohibitions on trade in human tissue may restrict Australian researchers from accessing and purchasing required cell lines.
- This regulatory barrier could harm scientific progress and international research collaborations.
Death Definition Limits Transplants
- Australia's legal definition of death excludes irreversible cessation of brain circulation, unlike international standards.
- This limits the use of advanced organ preservation methods like normothermic regional perfusion.
Jurisdictional Organ Retrieval Differences
- In New South Wales, the drug heparin is allowed during organ retrieval to prevent blood clots, improving transplant success.
- In Victoria, its use is prohibited, potentially impacting organ condition and transplant outcomes.