Professor Jennifer McKay |
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| Position: | Professor of Business Law |
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| Division/Portfolio: | Division of Business | |
| School/Unit: | School of Commerce | |
| Campus: | City West Campus | |
| Office: | WL3-41 | |
| Telephone: | +61 8 830 20887 | |
| Fax: | +61 8 830 20992 | |
| Email: | Jennifer_dot_McKay_at_unisa_dot_edu_dot_au | |
| URL for Business Card: | http://people.unisa.edu.au/Jennifer.McKay | |
Hello and Welcome,
I am a Professor of Business Law in the School of Commerce, Division of Business, University of South Australia.
My research interests concern water law reform and in particular regulatory models for the management and allocation of water between competing uses and between competing jurisdictions. I have called this Regional Federalism . I have been recognised as a "supported researcher" and supported by the School of Commerce the University and the ARC, Land and Water Australia, International water Management Institute in these endeavours for many years. The University has recognised the Centre for Comparative Water policies and Laws as a research group. The Centre has had nine graduates many of whom work in Universities in Australia and the US and for Governments in Australia. The research is relevant to the teaching of Corporations and Partnership Law , Property Law, environmental law and Water resources and Society for International Centre of excellence in water resources management, IceWarm.
I have had a study leave period at the Centre for Socio legal studies University of Oxford in 2008 to futher progress this research. In addition I have been awarded a Fulbright senior fellowship www.fulbright.com to visit Prof Dan Farber at UC Berkeley and the World Bank Dr Salman Salman and also Prof Joe Della Penna at Villanova. http://www.unisa.edu.au/news/2008/140308.asp http://www2.trinity.unimelb.edu.au/enews/0805.html
My research interests concern Corporate social sustainability through ESD achievements. Through many years of research and a partnership the new CRC Irrigation Futures and ACIAR and through many years of projects from the ARC, Land and Water Australia and Rural Industries Research and Development Council I have crystalised a comparative law framework for analysing the legal institutional aspects of Natural Resources Management in Australia and India, see Framework on Centre for Comparative Water policies and Laws web site. http://business.unisa.edu.au/commerce/waterpolicylaw/default.asp As part of this I have been able to field test a method on the legal aspects of the formation (hence obligations), governance and management of Water Supply Businesses. Aspects of these have been field tested on all Australian States and 5 Indian States.
In 2008 I was given the senior research excellence award by the Division of Business and also was names a Chief Investigator in the recently funded(30 million $) Centre for excellence in groundwater research and training.
Five tools have been generated:
- Typology of Corporate Governance structures for water supply based on evaluation of 200 businesses in Australia;
- Legal coherence method for analysis of multiple Natural Resources Management Acts and rights and obligations;
- Legal Consistency method between strict and fuzzy laws;
- Legal institutional governance assessment method and
- Survey instrument to assess customer responses to existing and proposed models of Legal Institutional arrangements and other factors such as trust in the regulatory environment.
These plus classic independent variables enable attitudes to be examined and Survey instrument for key actors CEO'S as to barriers from the institutional arrangements and other factors inhibiting ESD achievements. In 2004, I was a finalist in the supervisor of the year award run by the University of South Australia's students' Association.
I am the Australasian Rep for the www.aida-waterlaw.org International Water Law Association. I have been nominated by the Australian Branch of the International law Association to be a member of the International Law Association committee on International Law on Sustainable Development www.ila-hq.org
I have undertaken numerous cross jurisdictional comparisons of water laws in India and the Asia Pacific. The Centre has international members from 20 countries including Sweden, Sri Lanka, Spain, USA, India, Finland and Israel. http://business.unisa.edu.au/commerce/waterpolicylaw/
Professor McKay has been invited to be a member of the expert Committee for Expo 2008 in Zaragoza. The UN has declared the period 2005 - 2015 as International Decade for Action. WATER, FOUNTAIN OF LIFE with its secretariat located in Zaragoza.
The Expo is a major international event (one of a series since 1928 organised by the Bureau International des Expositions and run over 3 months in 2008. The theme is Water and Sustainable Development www.zaragoza2008.es )
Prof McKay has been selected for expertise in water legislation. The particular mission of 2008 is to develop a new reference for disseminating Expo content. This is to be called the Water Tribune and shall be a global reference point for the great dialogue on water, a forum for debate and a meeting point for international organisations, states and local regional governments, consumer, NGO'S, water engineers and managers. It will provide a reference for the sustainable management of water resources.
The sub themes for Expo 2008 are
- Water, fundamental for life (as in UN 2002 declaration)
- Water, the great Challenge of the 21st century
- Water, a problem for all and a fundamental right
- Water, subject of conflicts and source of creativity and cooperation and
- Water for future generations depends on our solidarity today
The Expo will be CO2 neutral and will be widely disseminated over the internet and new media such as SMS, MMS, Gprs, Expo, mp3 via MMS, ExpoWeb TV, ART and ExpoWeb, CTV and DTT.
Cooperative Research Centres (CRC) Programme Work
I am a key researcher in the new CRC for Irrigation Futures. I ma also theme leader for the Social, Cultural, Institutional and Policy Frameworks This new CRC aims to halve water use within Australia and define sustainable irrigation areas and practices. It will address the needs of stakeholders by delivering the science to secure outcomes of irrigation enterprises, services and communities that can adapt to changing markets. This CRC will examine the issues or urban, industrial and rural communities sharing and reusing water. Further it will seek to enhance analytical capacity, knowledge and technology in this area, and seek more profitable and efficient irrigation enterprises.
Project: An Examination of the ESD reporting of Australian Irrigation Water Providers, web site www.irrrigationfutures.org.au
Current International Projects
India
Project ADP/2001/014 Improving Water Resource Management in India's Agriculture: Search for effective Institutional arrangements Australian Centre for International Agricultural Research ACIAR
- I am also a researcher for the CRC for Water Quality and Treatment with a student Anna Hurlimann working on community attitudes to recycled water use http://www.waterquality.crc.org.au
- Key to the city of Austin
- 2002 Recently I visited Austin Texas and gave a series of lectures at the University of Texas, Texas Utilities board on water management issues and reform in Australia. I was delighted to be presented with the key to the city of Austin. see photos on Water policy and Law web site
- ARC Special Research Networks initiative seed funding obtained with a group from 8 Universities and CSIRO and Murrumbidgee River Management Environment Victoria and WWF called Reimagining the Ecosocial Sustainability of the Murray Darling Basin SRO 354558
- I have just recently completed an Effective Personal Leadership course with Leadership Management Australia which focussed on team building and leading workplace teams
http://www.unisanet.unisa.edu.au/hkub/ teaching web site for Corporations and Partnership law CPL in Hong Kong
Centre of excellence in ground water reseatch and training I am a chief investigator in this Centre and co leader of the program concerned wuth laws policies and institutions. Centre for Groundwater Research and Training This multipartner Centre, led by Flinders University, and established with funding of $30 million from the National Water Commission and the Australian Research Council, will make a major contribution towards understanding Australia's groundwater systems and underpinning the decision-making required to ensure sustainability of an important resource. The Centre was announced by Senator Penny Wong, Minister for Climate Change and Water, on 22 January 2009. Refer to Flinders leads $30 million groundwater research and training centre for the news story of the announcement. The Centre's Director is Professor Craig Simmons, Professor of Hydrogeology at Flinders University. Further information Refer to the Centre for Groundwater Research and Training profile (PDF 197KB) . Contact: groundwater.enquiries@flinders.edu.au .
Centre for Comparative Water Policies and Laws
International Water Resources Association USA executive Board member and editorial Board member
expo zaragoza 2008 on sustainable water management member of international expert advisory Committee
Irrigation Association of Australia
Crc Water Quality and Treatment project
Dundee water conference proceedings
Universities Partnership for Transboundary waters
University of Agricultural Sciences Bangalore.
Abstract of Who owns Australians water elements of AN EFFECTIVE REGULATORY MODEL
INTERNATIONAL WATER Association
SA policy on line early report on the CRC irrigation Futures study Corporate Governance structure of Australian water utilities.
Editor of Environmental Management USA Springer
Teaching interests
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Company Law especially directors Company Law especially directors' duties, Corporate Governance especially in Corporatised and Privatised former public water authorities, corporate social responsibility.
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New Page 1 Business ethics, corporate social responsibility, directors duties and corporate governance especially whistleblowers and their protection.
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New Page 1 Water Resources Law and Policy institutional arrangements comparative international water law.
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New Page 1 I teach Corporations and Partnership law in Adelaide a Hong Kong and Malaysia .
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New Page 2 In addition I , with Prof Simon Beecham of ITEE UniSA teach Water Resources and Society to International post graduates as part of the Masters in Water Resources Management run by IceWarm www.icewarm.com.au
The post graduates are recruited through IceWarm and chose a home University out of the 6 other university partners. UniSA secured the contract to write the materials for this subject and to deliver them for 2006 and 2007 .
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New Page 1 Postgraduate Supervision and development of Research Policies in Universities.
I teach the following courses
| LAWS 2005 | Corporations and Partnership Law |
| CIVE 5062 | Water Resources and Society |
| LAWS 2003 | Law of Property |
| LAWS 1002 | Introduction to Law |
| LAWS 1003 | Environmental Law and Policy |
Professional associations
International Law Association. Australian delegate to the international law committee for sustainable development.
Law Society of South Australia Member and former Member of the Commercial Law Committee.
International Water Resources Association member of editorial board for the journal Water International and Chair of the Committee judging the best paper in the journal 2000 and 2001
International Water Law Resources Association
- Rosenberg Foundation USA, World Bank
- Regulatory Frameworks for Dam Safety. McDonald, Jennifer McKay, Ohn Myint, Siraj Perera, Nieves Rodriguez, Her-Khandpur, Patrick Le Delliou, Jennifer McKay, Gary Salmon, Robyn Stein.
- International water association work on Perspective of Water Professionals on Water
- Governance: Lessons Learned and New Concepts
- Convener Jacques Labre (France) and Jennifer McKay (Australia)A growing emphasis has been given
- Research grants- national last five years
- Agriculture forestry fisheries Australia for work on water property rights
- Aboriginal and Torres strait Islander Commission for indigenous rights to onshore water law reform proposals
- Australian Research Council water markets in Australia
- Social sustainability of Oyster farming in South Australia
- Dam safety laws and policies
- Land and Water Australia water markets
- Rural Industries Research and Development Corporation
- National Landcare
- State government water policy reform grants given over many years on specific topics
- Law Reform Suggestions - Victoria (2001), South Australia (2001, 1999, 1989), Commonwealth 1999.
Ph.D. Supervision
| Eight graduates : | |
| 2008 | Irnanda Laksanawan - State Owned Enterprises in Indonesia |
| 2008 | Ganesh Keremane - Australia Private Water Markets |
| 2006 | Diwakara Halaniak - Groundwater institutional models in India and Australia, and Community responses to recycled water use in Mawson Lakes South Australia |
| 2005 | YY Wong - Legal Pluralism in Hong Kong |
| 2002 | Tony Moeller Drinking Water Quality Regulatory Models |
| 2000 | Balbir Bhasin - Mining Law in Indonesia |
| 1999 | Henning Bjornlund - Water Trade and Water Market Policies for Sustainability |
| 1998 | John Pisaniello' - Dam Safety Policies and Laws |
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Qualifications
| Year Conferred | Qualification | Institution |
| 2009 |
Diploma of the Specialized Human Rights Program |
Academy on Human Rights and Humanitarian Law. American University, Washington, DC |
| 1990 | GDLP - Graduate Diploma in Legal Practice | SAIT now University of South Australia |
| 1988 | LL.B Top Student in Subject Business Regulation |
University of Adelaide |
| 1978 | BA (Hons) | University of Melbourne |
| 1983 | Ph.D.
Thesis Topic: Flood Plain Management Policies |
University of Melbourne |
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Legal practice |
I worked for a major commercial law firm in Adelaide and their associated firm in Melbourne on Trade practices and corporations law work. I also did Environmental Audits for companies and Trade Practices Compliance manuals |
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Research interests
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Corporate governance especially Corporate governance especially third party effects of corporatising government business enterprises such as the prospectus provisions, codes of conduct, directors duties and directors as whistleblowers
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New Page 1 Comparative water resources laws and policies especially regimes to achieve sustainable water allocation policies.
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New Page 1 Corporatisation and privatisation of water social, environmental and economic impacts.
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New Page 1 International trade law especially the trade in food as trade in virtual water.
- Qualitative research methods especially visual methods photovoice and new technique Photostory to enable policy makers to have an enhanced understanding of the impact of comlex regulation on private and business decision making with regard to adopting of sustainable practices
Research publications
Books - sole author/ editor/ joint editor Joint editor 2007 The global importance of groundwater in the 21st Century: Proceedings of the International Symposium on Groundwater Sustainability". Ohio, published in conjunction with SPANISH ACADEMY OF SCIENCES,IUCN,UNESCO UniSA USA BY NATIONAL GROUNDWATER ASSOCIATION OF USA chapter ' Groundwater as the Cinderella of water laws policies and institutions in Australia'
Joint editor 2007 Potter EC , Mackinnon A ,McKenzie S and JM McKay Fresh water- new perspectives on water in Australia-is water a resource or the source? Melbourne University Press www.mup.com.au available 17th AUGUST 2007 Chapter 7 Water, rivers and ecologically sustainable development p 90 -104.0522854249 2001 Independent review of the environmental outcomes of the COAG water reform. Jones Whittington, Mckay, Arlington, Lawrence,Cartwright and Cullen, Published by the CRC for Freshwater Ecology, university of Canberra McKay J M 1999-2000 Water title in Halsbury's Laws of Australia, Butterworths (hard copy and CD-ROM) This is 150,000 words long and includes these topics: Constitutional Basis, Water Agencies, Rights in Water, Powers and duties of water supply authorities and rural water allocation policies, drainage, water course management, floods and damage by water, dam safety recreation, and sewerage.
1985 (With D T Healey and F G Jarrett),The Economies of Bushfires: the South Australian Experience, Oxford University Press, 154 pp. Refs.
McKay J M 1984 'Community responses to flood hazard' Australian Water Resources Council Technical Memo no. 129, , Canberra (119 pp., 18 tables, 11 figs, 121 refs).
Reference works
Definition of 78 water words and 43 emergency management words for Butterworths New Concise Australian Legal Dictionary an the Dictionary of Law and Business
2002 Atsic and Lingairi Foundation Back ground briefing paper onshore water rights.
Chapters in books and monographs Hughes and McKay forthcoming "Huitema, D. and S. Meijerink (eds.).2010 Water policy entrepeneurs. A research companion to water transitions around the globe, Cheltenham, UK: Edward Elgar, forthcoming 2009" o Hugh Turral, Daniel Connell, Jennifer McKay 2009 Much ado about the Murray: the Drama of Restructuring water use ch12 p 263-289 in CABI book River Basins: Trajectories, Societies, Environments and Development ed Molle and Wester o ISBN 13 978 84593 538 2 o McKay and Marsden 2009 Australia: The Problem of Sustainability in Water in J.W. Dellapenna and J. Gupta (eds.), The Evolution of the Law and Politics of Water, 177 o © Springer Science + Business Media B.V. 2009, p 175- 188 forthcoming THE LAW AND POLITICS OF SURFACE AND GROUNDWATER ALLOCATION FOR IRRIGATION IN AUSTRALIA- Identification of paradigms and current legal and political issues in change management. IN The evolution of the law A law and politics of Water , Dellapenna and Gupta eds springer 2009 Embid A ed 2009 Australia chapter in ?Water management and political Decentralisation? (Thomson Aranzadi). This book was the outcome of a joint effort by Manuel Gimenez Abad Foundation, the Forum of Federations( Canada) and the Water Tribune Zaragossa( in Spanish with 15 other countries represented. in the book) 2002 Encountering the South Australian landscape: Early European Misconceptions and our present water problems Hawke Institute Working paper series paper 21. www.hawkecentre.unisa.edu.au/institute
McKay J M 1984 'Community Participation in Volunteer Fire Fighting in the Adelaide Hills' (p.74-88) and 'Community Adoption of Bushfire Mitigation Measures' (p.116-131) in The Economics of Bushfires: the South Australian Experience, (with D T Healey and F G Jarrett), Oxford University Press, 154 pp. Refs. on APAIS data base.
McKay J M 1985'The role of regional authorities in floodplain management in Australia' in 'The Role of Regional Institutions in Metropolitan Flood Plain Management', edited by Prof. R Platt, National Science Foundation (USA) Working Paper No. 2, Land and Water Policy Centre, University of Massachusetts, USA 25 pp.
Book Chapters 2008 McKay The Legal frameworks of Australian Water; Progression from Common Law Rights to Sustainable shares. in Crase ed Water Policy in Australia- The Impact of change and uncertainty , Resources for the Future series Washington DC. P 44-61 isbn9781933115 2007 McKay, Jennifer and H. Diwakara FORTHCOMING ¡§Groundwater Irrigation in Northern Gujarat: Conflicts between Appropriators in Mehsana.¡¨ Forum for Policy Dialogue on Water Conflicts in India. World Wide Fund for Nature, International Publication A Million Revolts in the Making", K. J. Joy, Biksham Gujja, Suhas Paranjape, Vinod Goud and Shruti Vispute (Ed.): Routledge; London, New York, New Delhi. ISBN 0415424119 2003 Marketisation in Australian Freshwater and Fisheries Management Regimes in Dovers and Wild River ed Managing Australia's Environment, Federation Press chapter 15 pp 363-390 A Proposal for an international Virtual water trading Council: building institutional frameworks at international level to reduce poverty in Water Development and Poverty Reduction, edited by Olcay Unver, Rajiv K Gupta and Avesgul Kibaroglu, published by Kluwer chapter 6 pp111-125 with Bjournlund Elements of Institutional frameworks for the management of water for poverty reduction in developing countries in Water Development and Poverty Reduction, edited by Olcay Unver, Rajiv K Gupta and Avesgul Kibaroglu, published by Kluwer chapter 5. Book Chapters 2001 Legal issues in Water Resources Planning Regimes- lessons from Australia in Brennan Ed Water Policy Reform lessons from Asia and Australia, Australian Centre for International Agricultural Research, pub 106. p 48-62
Articles in Refereed Journals 2008 Insubstantial Tenuous and Vague Laws - The Achievement of Ecologically Sustainable Development by Water Supply Business CEO’s ,Australian Business Law Review Vol 36 no. 6 December.( RATED A* by Australian Business Deans council) Pierce J and J McKay 2008 Our community capitals as we see them throught photovoice: cowell oyster industry in South Australia, Australian Journal of environmental management, vol 15, p 159-168 2008 Establishing components of community satisfaction with recycled water use through a structural equation model Anna Hurlimanna,, Elizabeth Hemphillb, Jennifer McKayc, Gus Geursen Journal of Environmental Management 88 (2008) 1221–1232 2008 Asian experts Share SA'S Groundwater expertise Water Vol 35 no 2 march p 125-127 Z Wu, JMcKAY and E Hemphill 2008 Attitudes to the Natural resources management levy in Adelaide Water Vol 35, no 2 March p 154-158 INSTITUTIONAL ASPECTS OF GROUNDWATER GOVERNANCE: EXPERIENCES FROM SOUTH AUSTRALIA AND LESSONS FOR INDIA by Falendra K. Sudan and Jennifer McKay International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India. 2. INSTITUTIONAL AND LEGAL GROUNDWATER MANAGEMENT FRAMEWORK: LESSONS LEARNT FROM SOUTH AUSTRALIA FOR PAKISTAN by Bakhshal Lashari, Jennifer McKay and Karen Villholth International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India. 3. Development of an integrated Capacity Building Framework for building Spatial Data Infrastructure for Integrated Groundwater Governance and Management in India - Lessons from Australia by D. Dutta and Jennifer McKay International Journal of Environment and Development, Vol. 4, No.1, Serials Publications, New Delhi, India. 2007 Keremane G and JM McKay 2007 Water Traqnsitions and urban waster water reuse in Australia; lesson for developing countries. International Journal of Environment and Development, Vol. 4 NO 2 P 249-266 Hurlimann, Hemphill McKay and Geursen 2007 Establishing Components of Cummunity Satisfaction with recycled water use through strucutrual equations modelling, Journal of Environmental management Keremane G and JM McKay 2007 A successful waste water recycling scheme and sustainable development- a case study in Adelaide Water and Environment Journal (2007), 21(2):83-91 Pisaniello JD and Mckay JM 2007 A tool to aid emergency managers and communities in appraising private dam safety and policy Disaters the jounral of Disater studies, Policy and preactice vol 31, no.2 june pp176-200McKay JM(2007) ‘ Water Governance regimes in Australia: Implementing the National Water Initiative’, Water .Vol 34(1), pp150-156. Hurlimann, A and McKay, J (2007) ¡¥Urban Australians Using Recycled Water for Domestic Use ¡V An Evaluation of the Attributes of Price, Saltiness, Colour and Odour Using Conjoint Analysis¡¦ Journal of Environmental Management, 83 (1) 93-104 2007 McKay JM "The quest for environmentally sustainable water use ¡V constitutional issues for Federal, State and local Governments", Reform, Journal of the Australian Law Reform Commission. 2006 McKay JM "Issues for Ceo's of Australian water utilities with the implementation of the integration and ESD requirements in Australian water laws." Paper commissioned by Journal of Contemporary Water Research and Education. ISSN 1936-7031 vol 135, 120 -132 Special edition on integrated water resources management [IWRM]: lessons learned from practice; tools to improve governance; new institutional arrangements; national and regional case studies of successes and failures; future directions. This journal is a peer-reviewed journal of the Universities Council on Water Resources (USA)[www.ucowr.siu.edu] 2006 Pisaniello, Zhifang and Mckay Small dams safety issues - engineering/policy models and community responses from Australia Water Policy, vol 8 no 1 pp81-95 Pisaniello, J.D. and McKay, J. M. 2006 ‘The Need for Private Dam Safety Assurance: a follow-up ‘model’ policy from Tasmania’, The Australian Journal of Emergency Management, Vol 21, No 2, pp.45-51. 2006 Keremane and McKay 'Successful waste water reuse scheme and sustainable development ; a case study in Adelaide, Water and Environment Journal ISSN 1747-6568 2006 Pisaniello J and McKay JM " the need for private dam safety:a follow up 'model' policy from Tasmania' The Australian Journal of Emergency Management, vol 21. no 2 45-52. 2006 Keremane G McKay JM and A Narayanamoorthy " The decline of innovative local self governance institutions for water Management: The case of Pani Panchayats' International Journal of Rural Management vol 29(1) Sage publications 2006 Keremane G and McKay 2006 "The role of community and partnership: The Virginia Pipeline scheme" Water, Vol33, no 7,pp50.58, ISSN 0310-0367 2006 Keremane G and McKay 2006 ' Self created rules and conflict Management Processes; The case of Water users' Associations on Waghad Canal in Maharashtra, India', Water Resources Development, VOL 22. NO 4, 543-559. Routledge,UK 2006 Gray and Mckay (2006) Are utility attitudes to the environment shaped by corporate governance? Assessing the evidence from Australian utility reports Water Utility Management International vol1 no1 p 8-11 http://www.iwaponline.com/wumi/00101/1/default.htm 2006 Mckay Halaniak and Barnett (2006) 'Cost Sharing Scheme in South East South Australia ',Water , vol 33, no 3,71-74 2006 Hurlimann AC and JM McKay What attributes of recycled water make it fit for residential purposes? The Mawson Lakes experience Desalination Elsevier VOL 187, 167-177. 2006 McKay JM and G Keremane Farmers perception of self created water management rules in a pioneer scheme; The Mula Irrigation scheme India, Irrigation and Drainage systems, Springer Verlag, 20, 1324-1540 2005 Hurlimann A, and McKay J (2005) ¡¥Contingent Valuation by the Community of Indirect Benefits of Using Recycled Water ¡V An Australian Case Study¡¦ Water Science and Technology: Water Supply, 5 (3-4) 95-103. 2005 McKay JM Water institutional reform in Australia, Water policy, vol 7 no 2, pp35-5 2005 Pisaniello J and J McKay Australian Community Responses to upgraded Farm Dam Laws and cost effective spillway modelling, Water Rsources development, vol 21, no. 2, 325-340, June 2003 Pisaniello J and J MCKay A farmer Friendly dam safety evaluation procedure as akey part of madern Australian water laws, Water International vol 28 no 1 pp 90-102 2003 McKay JM and A Hurlimann Attitudes to reclaimed water for domestic use part 1 age in water vol 30 no 5 pp45-49. 2003 Mckay JM Who owns Australia's water - elements of an effective regulatory model, water science and technology, vol 48, no 7, pp 165-172 2002 McKay and Moeller Are mandatory regulations required for water quality in Australia? Water Policy, vol 4 p95-118. 2002 Pisaniello and McKay A simple cost effective spillway design review tool for farm dam owners, Water, vol 34,p110 - 114. 2002 McKay and Moeller Are mandatory regulations required for water quality in Australia Water policy, vol 4,no 2, pp95-118 2002 Aspects of water markets for developing countries: experiences from Australia, Chile and the US, Environment and Development Economics, vol 7 p 769-795. 2001 McKay and Moeller The Status of drinking Water Quality Reporting, the precautionary Principle and public health in Australia, Ethics and Justice, vol.3 no. 2 and volume 4 no 1 double isse, p11-21 2001 McKay and Bhasin Mining law and Policy in Indonesia issues in current practice that need reform, Energy and Natural Resources Law vol 19 , no 4 329-343
2001 McKay and Moeller Is risk associated with Drinking Water in Australia of Significant concern to Justify Mandatory Regulation Environmental Management vol 27 no 6, pp 15-30 2001 McKay and Moeller Duty and Standards of care for drinking water regulation in Australia, Environment, Development and Sustainability, vol 3. p127- 143
2001 McKay and Bjornlund Recent Australian Water market mechanisms as a component of an Environmental Policy that can make choices between Sustainability and Social Justice Social Justice Research vol 14,no.4 p375-402. NOTE THAT THIS HAS BEEN REPRINTED IN PROPERTY RIGHTS AND RESPONSIBILITIES CURRENT AUSTRALIAN THINKING, LAND AND WATER AUSTRALIA , 2002, ISBN 0642760926
2001 Bjornlund and McKay Current issues and future directions for Australian Water Market Policies, Water vol 28 no 2, p74-78
2000 McKay and Moeller Is it time for a new model of Water Quality Laws? Environmental and Planning Law Journal vol 17 no 3, p165-175
2000 Moeller and Mckay Is there power in the Australian Constitution to make Federal Laws for Water Quality? Environmental and planning Law Journal vol 17 no 4, pp294-307
2000 Bjornlund and McKay Do water markets promote a socially equitable reallocation of water Rivers 7(2)in press
1999 Pisaniello J and J M McKay' Cost effective Private Dam Safety Assurance Policy and Spillway Design/ Review Water Resources Development Vol. 15, No 3 261-276
1999 Pisaniello, J Argue, J and McKay J Flood capability design/ review of reservoirs on small catchments: a simple and cost effective regionalised procedure, Australian Journal of Water Resources 3(3), 177-188.
1999 Bjornlund H and McKay j Water Markets; Buyers and sellers perceptions, Water26(2), 41-45
1999 Bjornlund H and McKay Do permanent Water Markets Facilitate Farm adjustment and structural change within Irrigation Communities? Rural Society9(3) 555-571
1998 Bjornlund, H and J M McKay Factors affecting water prices in a rural water market: A South Australian Experience, Water Resources Research , Vol 34. No 6 June,1563-1570. 1995 Bjornland H and McKay J M 'Do Water Trade Policies achieve Environmental Goals in Victoria? Water, Vol. 22, No. 5, p 34-38 1995. ISSN 0310-0367. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths Number 1 of 1996 and a synopsis given in the newsletter of the River Basin Management Society of Victoria 1994.
1998 Pisaniello J and McKayJ Models of Appropriate Practice in Private Dam Safety Assurance Water Policy 1(5) 525-550 1994 McKay J M 'Water Planning in South Australia' Australasian Journal of Natural Resources Law and Policy Vol. 1, No 2, pp. 181-194, 1994.
1998 McKay J Provis C and Tomaino J Whistleblowing and Organisational Strategy The Journal of Contemporary Issues in Business and Government 4(1) 43-51 1994 McKay J M 'Classification of Australian Corporate and Industry Based Codes of Conduct' International Business Lawyer, Vol. 22, No. 11, pp. 507-514, 1994.
1998 Pisaniello J and McKayJ The need for private dam safety Assurance Policy- a demonstrative case study Australian Journal of Emergency Management 13(3) 46-49 1994 McKay J M and Pisanello J 'Whom must the reasonable private dam owner foresee?' Australian Journal of Emergency Management, Vol. 9, No. 4, p.27-28, 1994 ISSN 081-4024. Reported in Legal Research in Australia ANU, Attorney General and Butterworths.
1996 McKay J M 'Reflecting the Hazard or restating old views-newspapers and bushfires in Australia' International Journal of Mass Emergencies and Disasters. Vol. 14, No 3, p.256-273, 1996 1993 McKay J M 'Promoting a fairer application of the rule in L'Estrange v Graucob in the disclosure regime of the Corporations Law' Companies and Securities Law Journal Vol. 11, Part 4 (August), 259-261 1993. Subject of a letter to the Editor in 1994. Cited in the forthcoming third edition of Redmond P, Companies and Securities Law - Commentary and Materials, Law Book Company. Article concerned Government Business Enterprises being privatised such as water supply.
1996 McKay J M 'The public interest or improper use of information - the dilemma for the insider environmental whistleblower', Australian Business Law Review, Vol. 25, No 5 August 1996. 1992 McKay J M 'Teaching Business Ethics to business students: a review of the US experience.' Australian Journal of Corporate Law, Vol. 2 1992 no. 1 p. 142-148 by the Australian Institute of Corporate Managers for use in their teaching materials.
1996 Bjornland H and McKay J M 'Lessons from the early TWE market in the Riverland in South Australia', Water, Vol. 23, No. 3, p. 90-103, ISSN 0310-0367 1996. Reported in Legal Research in Australia, ANU, Attorney General and Butterworths. 1991 McKay J M 'Member state liability for contracts of International organisations - lessons from the International Tin Council Case' Corporate and Business Law Journal, 1991 Vol. 4 No. 2 p.69-73.
1996 Pisaniello J and McKay J M 'Legislative imposition of adequate Dam safety Assurance - one option' Australian Journal of Emergency Management, Vol. 11, No. 1, p. 9-12, 1996 ISSN 081-4024 Reported in Legal Research in Australia, Attorney General and Butterworths.
1995 McKay J M Legal Responsibilities of Local Government for flood plans and advice' in Australian Journal of Emergency Management Vol., 10 No 3, 39-42, 1995 ISSN 081-4024. Reported in Legal Research in Australia, Attorney General and Butterworths. 1995 McKay J M 'Is ethics a fuzzy area?' City Ethics, Issue 20, p.6 1995 ISSN 1036-9783 (Special Issue - Managing through values). C3 DEET.
1995 McKay J M 'An outburst of whistleblower protection legislation - the implications for public and private sector accountants' in Focus on Ethics - Newsletter of the Institute of Chartered Accountants' Academics Ethics Network, 5-6 1995.
1995 McKay J M The Catchment Water (Half) Management Bill (1995) SA, Australian Environmental Law News ISSN 1320-9647, 1995 March-April, pp. 3.
1994 McKay J M Submission to Senate Select Committee on Public Interest Whistleblowing published and cited in the main report', In the Public Interest, Senate Printing Unit, Canberra, 1994 at p. 212, ISBN 0 642 21309 7.
1994 McKay J M 'Issues in the embodiment of the Corporate Ethics Officer Function' Focus on Ethics - Newsletter of the Institute of Chartered Accountants' Academics Ethics Network, 1994, vol. 2, pp.7.
Refereed Conference papers 2003 WORLD WATER CONGRESS IN Madrid Anna Hurliman and Jennifer McKay, "Community attitudes to water recycling in Australia" Diwakara Halanaik, Jennifer McKay and Steve Barnett, "Cost sharing as a tool in a sustainable groundwater management policies - some international experiences" Jennifer McKay and Diwakara Halanaik, "New directions and national leadership in developing water policies in federations - India and Australia" 2002 Avoiding Legal indeterminancy as a response tp policy complexity- a new model for the Australian water sector, 4th Annaul Australasian Water Law and Policy Conference, Sydney. 2001 McKay Legal instruments and regulatory models in Privatisation of water utilities in Australia, in Legal aspects of Sustainable Water Resources Management international Water Association, Bosnia
2001 McKay J M Legal issues in water Resources Planning regimes- lessons form Australia Water policy reform lessons from Asia and Australia, ed D Brennan Proceedings of an international workshop Bangkok June 2001, Australian Centre for International Agricultural Research Publication 106. 1996 McKay J M 'A business approach as a model for Australian Emergency Management Legislation'. Proceedings of the natural Disaster Reduction Conference (Brisbane) Australian Academy of Social Sciences et al. 1996.
1996 McKay J M Australian Federalism and Emergency Management Laws - the issues and reform suggestions, (July 1996 available on CD-ROM) Hazards - 96 Symposium Toronto, Canada 1996.
1996 Bjornlund H and McKay J M 'Transferable Water Reports Policy in Horticultural SA' - a major player in the water market? Security and sustainability in a mature water economy: A Global perspective, pre-conference workshop convened by the Centre for Water Policy Research (U of New England) and the International Water and Resources Economies Consortium, (Melbourne) TWE Policy 1996.
Reports Government and Funding bodies
1996 McKay J M A review of Australia's Emergency Management Laws, and suggestions for reform. Report to the Department of Defence, Emergency Management Australia, Department of Defence Canberra. 36 p, 4 Tables, 45 Refs, 1996.
1995 Smith D I, Handmer J W, McKay J M, Switzer M A D and Williams B, Non Structural Measures for Flood Mitigation - Current adoption in Urban areas. Report to National Landcare Program and Department of Primary Industries (Canberra). Published by The Centre for Resources and Environmental Studies, Volume 1 188 p Volume 2 Appendices 79, 26 Tables, 9 Figs, 41 refs. ISBN 0 86740 444 2. A2 DEET, (1995).
Other written works of significance
2007 Water firms in over their headsm The Australian Thursday March 8 th p 4 2006 NWI Goals prove a tall order: only one third of water supply CEO'S able to meet targets, in The Water Report vol 33/ 3 ISSN 1038-8508, 6 NOVEMBER 2006 EWN Publishing PO BOX 148 Balmain Sydneyhttps://my.unisa.edu.au/exchange/Jennifer.McKay/Inbox/Thanks%20from%20Julie%20Lambert.EML/1_multipart_xF8FF_2_3303_twr.pdf/C58EA28C-18C0-4a97-9AF2-036E93DDAFB3/3303_twr.pdf?attach=1 "Water Body Wanted" The Weekly Times July 23 2003 p 8 'Greed v. Good' in The Australian newspaper in the Business Section features (two thirds of a page) pp. 37, 22 February 1995.
Current projects 20 minute film for the opening of the 2003 International water resources Association conference in Madrid called " The value of water -perspectives over time and cultures"
Reports 2003 Agriculture Forestry Fisheries Australia Commissioned Report Defining the meaning of Property rights to water(59 ) pages ISBN 086 803 973x
2003 Estimatiing the willingness to pay for supply of water for irrigation in Mt Larcom Queensland with Diwakara Halanaik,ISBN 0 86803 9918
Expertise for Media Contact
I am able to provide media comment in the following areas of expertise:
Discipline: Business Law
- Consumer Protection Law.
- Directors Duties in Companies
- Prospectuses of Public Companies
- Water Resource Management
- Whistleblowers
- Business
- Business Law
- Emergency Management
Community Service
| Organisation Name: | University of south Australia |
| Section: | |
| Type of Organisation: | Professional organisation |
| Level of involvement: | Deputy chair Academic baord |
| Year from: | 2006 |
| Year to: | 2008 |
| Organisation Name: | Part time Commissioner Natural Resources |
| Section: | Environment ,Resources and Development Court |
| Type of Organisation: | Government Board or committee |
| Organisation URL: | http://www.courts.sa.gov.au/courts/environment/about_the_court.html |
| Level of involvement: | Commissioner |
| Year from: | 1995 |
| Year to: | 2009 |
| Comments: | Conducts mediations and hears matters where there is a dispute between growers and the Minister over the allocation and use natural resources especially water. Previously a Water Resources Commissioner. |
| Organisation Name: | Natural Resources Council of South Australia |
| Section: | peak body to achieve Environmentally sustainable development |
| Type of Organisation: | Government Board or committee |
| Organisation URL: | http://www.nrm.sa.gov.au/nrm/arrangements/council.html |
| Level of involvement: | Advisory Board member |
| Year from: | 2006 |
| Year to: | 2008 |
| Comments: | The NRM Act 2004 establishes the Natural Resources Management Council as the statewide peak body for natural resources management. The first skills based Council was appointed in April 2005 based on the range of knowledge, skills and practical experience identified in the Act. Prof McKay has been appointed in July 2006 as a person with expertise in Water resources management and business administration. The State NRM Plan 2006 prepared by the NRM Council has been adopted by the Minister. |
| Organisation Name: | International Water Association |
| Section: | special interest goup institutional governance and regulation |
| Type of Organisation: | Professional organisation |
| Organisation URL: | http://www.iwa.org |
| Level of involvement: | Secretary interest group/ Editor of Journal |
| Year from: | 2006 |
| Year to: | 2009 |
| Comments: | http://www.iwahq.org/templates/ld_templates/layout_633184.aspx?ObjectId=647494 |
| Organisation Name: | Department of technical and further education |
| Type of Organisation: | Professional organisation |
| Level of involvement: | Course Advisory Panel (CAP) member for Graduate di |
| Year from: | 2004 |
| Year to: | 2005 |
| Organisation Name: | International Water Resources Association USA |
| Type of Organisation: | Professional organisation |
| Organisation URL: | http://www.iwra.siu.edu/win/editorialboard.html |
| Level of involvement: | Director/Board member and editor |
| Year from: | 2000 |
| Year to: | 2009 |
| Organisation Name: | International Law Association Australian Branch |
| Section: | Australian Branch |
| Type of Organisation: | Professional organisation |
| Organisation URL: | http://www.ila2006.org |
| Level of involvement: | Australian representative |
| Year from: | 2005 |
| Year to: | 2008 |
| Comments: | Australian representative on international Law of sustainable development Committee |
| Organisation Name: | Attorney General Dept Canberra |
| Section: | Emergency management Australia |
| Type of Organisation: | Government Board or committee |
| Organisation URL: | http://Australian Journal of Emeregenct Management |
| Level of involvement: | editorial advisory Board |
| Year from: | 2002 |
| Year to: | 2008 |
| Comments: | Professor Mckay is part of team from every State advising the Editors about current issues in Emergency Management to aid the development of sustainable resilient communities in Australia in the events of severe weather events.Professor McKay attended the first National Editorial Advisory Committee meeting of the Australian Journal of Emergency Management last week in Mt Macedon, Victoria. The Journal has recently been restructured to provide for the Advisory Committee as well as Editorial committees. The Journal is produced by Emergency Management Australia which is part of the Commonwealth Attorney General’s Department, Canberra, and aims to build capacity in the emergency management industry. It provides access to information and knowledge on the development of safer sustainable communities in Australia. The meeting produced a set of outcomes which will focus the direction of the Journal and EMA into issues concerned with terrorism, water quality and governance structures to enhance emergency preparedness and response. |
| Organisation Name: | Australian Journal of Environmental Management |
| Type of Organisation: | Professional organisation |
| Level of involvement: | editorial board |
| Year from: | 2006 |
| Year to: | 2009 |
| Organisation Name: | Prime Ministers Science, Engineering and Innovation Council working party |
| Section: | Working party on recycling water ofr our cities |
| Type of Organisation: | Government Board or committee |
| Organisation URL: | http://www.dest.gov.au/NR/rdonlyres/3B3A1ABD-C285-44DE-89CA-EDB19306AB2E/1998/Recyclingwaterforourcities.ppt |
| Level of involvement: | Committee member |
| Year from: | 2003 |
| Year to: | 2003 |
| Comments: | Professor McKay has been appointed to the Prime Minister's Science, Engineering and Innovation Council working party on recycling water for our cities. This is due to report to Federal Parliament on 28 November 2003. |
| Organisation Name: | Mount Lofty Ranges Catchment management Board |
Research Degree Supervisor
I have supervised or co supervised 9 Phd students whose theses have concerned with Water resources management and governance issues in relation to Australia and international jurisdictions such and India. Suggestions arising form these theses have been incorporated in law reform proposals by many States and the Federal Government and have been extended to international jurisdictions through bilateral research projects in India and China.The framework for most of the research is outlined on the Centre for Comparative Water policies and laws web site and includes a Unique model of legal institutional analysis and a method to examine Acts of parliament for their legal coherence and consistency. This is called Legal Coherence and legal consistency Analysis and these terms have been trademarked.
Current Projects:
Australia water transitions project south australia
| Part of CRC project to investigate the impact of complex regulation in the form of sustainable development laws on stkeholders in a large scale irrigation area. |
| Fulbright senior fellowship work at Berkeley to interview judges on this concept |
| The project for a DBA degree will consider a case study of the water education proactices of one water authority and look a the factors influencing adoption and determine if there has been a long term change in water use behaviour and not just mere compliance with the strict demand management laws in place. see Framework Social aspect. |
| Socio legal aspects of sustainable develepment laws in many groundwater regions of Australia |
| Long term aspect of three funded research projects and Fulbright work at Berkeley to refine a ew technique called Photostory |
| Case study of the impact of water planning processes on community water uers stakeholders and the choices made in the face of uncertainty in water supply |
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