Bioethics Legislation in Australia

 

Our organisation is particularly concerned with Australian legislation related to bioethics.
You can find all Australian legislation listed below and more at the Australasian Legal Information Institute - http://www.austlii.org/

 

To help you find the relevant legislation, we have listed bioethics-related legislation by state, commonwealth and by topic:

Legislation by State
Legislation by the Commonwealth
Legislation by Topic

Index of Acts and Regulations by State

Australian Capital Territory (ACT): http://www.legislation.act.gov.au

Crimes Act 1900
Guardianship and Management of Property Act 1991
Human Cloning and Embryo Research Act 2004
Human Rights Act 2004
Human Rights Commission Act 2005
Medical Treatment Act 1994
Medical Treatment (Health Directions) Act 2006
Mental Health (Treatment and Care) Act 1994
Parentage Act 2004
Powers of Attorney Act 2006
Transplantation and Anatomy Act 1978

New South Wales (NSW): http://www.legislation.nsw.gov.au

Children (Care and Protection) Act 1987
Crimes Act 1900
Guardianship Act 1987
Human Tissue Act 1983
Status of Children Act 1996 (section 14)

Northern Territory (NT): http://www.nt.gov.au/dcm/legislation/current

Criminal Code Act
Human Tissue Transplant Act 1995
Natural Death Act 1988
Natural Death Regulations 1989

Queensland (Qld): http://www.legislation.qld.gov.au

Criminal Code Act 1899
Powers of Attorney Act 1998
Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003
Surrogate Parenthood Act 1988
Transplantation and Anatomy Act 1979

South Australia (SA): http://www.legislation.sa.gov.au

Consent to Medical Treatment and Palliative Care Act 1995
Criminal Law Consolidation Act 1935
Death (Definition) Act 1983
Family Relationships Act 1975
Guardianship and Administration Act 1993
Reproductive Technology (Code of Ethical Clinical Practice) Regulations 1995 [under the Reproductive Technology (Clinical Practices) Act 1988]
Reproductive Technology (Code of Ethical Research Practice) Regulations 1995
Reproductive Technology (Clinical Practices) Act 1988
Transplantation and Anatomy Act 1983

Tasmania (Tas): www.thelaw.tas.gov.au

Anatomical Examinations Act 2006
Criminal Code Act 1924
Guardianship and Administration Act 1995
Human Cloning and Other Prohibited Practices Amendment Act 2007
Human Cloning for Reproduction and Other Prohibited Practices Act 2003
Human Embryonic Research Regulation Act 2003
Human Tissue Act 1985
Surrogacy Contracts Act 1993

Victoria (Vic): http://www.legislation.vic.gov.au

Crimes Act 1958
Human Tissue Act 1982
Human Tissue (Prescribed Institutions) Regulations 2006
Infertility Treatment (Amendment) Act 1997
Infertility Treatment Act 1995
Infertility Treatment Act 1995
Infertility Treatment Regulations 1997
Medical Treatment Act 1988

Western Australia (WA): http://www.slp.wa.gov.au

Anatomy Act 1930
Artificial Conception Act 1985
Criminal Code 1913
Criminal Code Compilation Act 1913
Guardianship and Administration Act 1990
Health Act 1911
Human Reproductive Technology Act 1991
Human Tissue and Transplant Act 1982
Western Australian Reproductive Technology Council Regulations 1992 - regulations repealed by the Statute Law Revision Act 2006

Index of Acts and Regulations of the Commonwealth

Euthanasia Laws Act 1997
Family Law Act 1975
National Health and Medical Research Council Act 1992

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Index of Acts and Regulations by Topic

Abortion:

NSW: Crimes Act 1900 (sections 20, 82, 83, 84)
Vic: Crimes Act 1958 (sections 65, 66); Abortion Law Reform Act 2008
Qld: Criminal Code Act 1899 (sections 224-226, 282, 292, 294)
SA: Criminal Law Consolidation Act 1935 (sections 81, 82, 82a)
WA: Criminal Code Act 1913 (sections 199, 259, 269, 271); Health Act 1911 (sections 334, 335)
Tas: Criminal Code Act 1924 (sections 51, 134, 135)
NT: Criminal Code Act (sections 170, 208B, 208C)
ACT: Crimes Act 1900 (sections 10, 40, 42, 43)

Consent:

NSW: Guardianship Act 1987; Children (Care and Protection) Act 1987
Qld: Powers of Attorney Act 1988
SA: Consent to Medical Treatment and Palliative Care Act 1995; Guardianship and Administration Act 1993
Vic: Medical Treatment Act 1988
WA: Guardianship and Administration Act 1990
Tas: Guardianship and Administration Act 1995
ACT: Powers of Attorney Act 2006; Guardianship and Management of Property Act 1991; Medical Treatment Act 1994

End-of-Life Decisions:

Commonwealth: Euthanasia Law Act 1997
Vic: Crimes Act 1958 (section 6a, 6b)
Qld: Criminal Code Act 1899 (section 311)
SA: Criminal Law Consolidation Act 1935 (section 13a)
Consent to Medical Treatment and Palliative Care Act 1995
Natural Death Act 1983 [this has been repealed - however directions
made under this act remain effective]; Death (Definition) Act 1983
WA: Criminal Code Act 1913 (section 288)
Tas: Criminal Code Act 1924 (section 163)
NT: Criminal Code Act 1983 (section 162); Natural Death Act 1988; Natural Death Regulations 1989
ACT: Medical Treatment Act 1994

Reproductive Technology:

Vic: Infertility Treatment Act 1995; Infertility Treatment Regulations 1997; Infertility Treatment (Amendment) Act 1997
SA: Reproductive Technology Act 1988 [under the Reproductive Technology (Clinical Practices) Act 1988]; Reproductive Technology (Code of Ethical Research Practice) Regulations 1995; Reproductive Technology (Code of Ethical Research Practice) Regulations 1995; Reproductive Technology (Clinical Practices) Act 1988
WA: Human Reproductive Technology Act 1991; Artificial Conception Act 1985

Surrogacy:

Commonwealth: Family Law Act 1975
NSW: Status of Children Act 1996 (section 14)
Vic: Infertility Treatment Act 1995
Qld: Surrogate Parenthood Act 1988
SA: Family Relationships Act 1975
Tas: Surrogacy Contracts Act 1993

Tissue Donation and Transplantation:

NSW: Human Tissue Act 1983
Vic: Human Tissue Act 1982; Human Tissue (Prescribed Institutions) Regulation 2006
Qld: Transplantation and Anatomy Act 1979
SA: Transplantation and Anatomy Act 1983
WA: Human Tissue and Transplant Act 1982; Anatomy Act 1930
Tas: Human Tissue Act 1985
NT: Human Tissue Transplant Act 1995
ACT: Transplantation and Anatomy Act 1978

National Health and Medical Research Council:

Commonwealth: National Health and Medical Research Council Act 1992

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