Debates about Death Definitions: Six Truths We Need to Accept

The 2025 Australian Law Reform Commission (ALRC) Inquiry into Human Tissue presents an opportunity for the Australian public to discuss the legal definition of death. Questions about death are not simply medical questions - they are deeply inscribed with legal, ethical and sociocultural concerns. In thinking through these concerns, it is crucial that we do not simply reiterate current practices or norms. We need to reach a position that is biologically accurate, clinically appropriate, culturally informed and philosophically and ethically sound. In doing so we should also not presume what the public may or may not accept without clear evidence to support any assertion made. Given the definition of death is teleological we must recognise that there may be other public goods worth pursuing apart from organ and tissue donation. This column posits several truths that we believe it is necessary to recognise for the current debate to proceed on a sure footing.