Associate Professor Wendy Lacey

My name is Wendy Lacey and I am an Associate Professor in the new School of Law. I joined UniSA in August 2006 as part of the foundation staff, having previously taught at the Universities of Adelaide and Tasmania.

• My principal areas of teaching interest are Australian Public Law (including Constitutional Law and Administrative Law) and Public International Law (including the Jessup Moot).
• I have also previously taught Introduction to Law, Human Rights, Evidence, Legal Research and Writing, Advocacy and Mooting Subjects.

Book Review Editor, Australian Year Book of International Law

Member, Australian and New Zealand Society of International Law

Member, Australian Association of Constitutional Law

Member, Australian Lawyers for Human Rights

PhD (Tas) 2006 Thesis Title: 'International Human Rights Law and the Exercise of Judicial Discretion in Australia' (Awarded the 2006 Dean's Commendation Award for Outstanding Doctoral Theses).

LLB (Hons)(Tas) 1999

BA (Hons)(Tas) 1994 - Political Science Major

• The Nexus Between International and Domestic Law
• Australian Constitutional Law
• Administrative Law
• Human Rights

BOOKS

• W Lacey, IMPLEMENTING HUMAN RIGHTS NORMS: JUDICIAL DISCRETION AND USE OF UNINCORPORATED CONVENTIONS, Presidian Legal Publications, 2008.

BOOK CHAPTERS

• W Lacey, ‘Administrative Law’ in I Freckleton and H Selby, APPEALING TO THE FUTURE: MICHAEL KIRBY AND HIS LEGACY, Thomson Reuters, 2009, 81-104.

• W Lacey, ‘The Judicial Use of Unincorporated International Conventions in Administrative Law: Back-Doors, Platitudes and Window-Dressing’, in H Charlesworth, M Chiam, D Hovell and G Williams (eds), THE FLUID STATE: INTERNATIONAL LAW AND NATIONAL LEGAL SYSTEMS, Federation Press, Sydney, 2005, pp 82-109;

• Lacey, W & Wright, D, ‘Highlighting Inconsistency: The Declaration As A Remedy in Administrative Law and Human Rights Standards’, in Finn, C (ed), SHAPING ADMINISTRATIVE LAW FOR THE NEXT GENERATION - FRESH PERSPECTIVES, Australian Institute of Administrative Law, Canberra, 2005, 32-59.

• W, Lacey 'The Law of Treaties', in S Blay, R Piotrowicz & M Tsamenyi, PUBLIC INTERNATIONAL LAW: AN AUSTRALIAN PERSPECTIVE, 2nd edn, 2005, 85-114.

JOURNAL ARTICLES

• W Lacey (with Paul Fairall), ‘Preventive Detention and Control Orders Under Federal Law’ (2007) 31 MELBOURNE UNIVERSITY LAW REVIEW 1072-1098.

• W Lacey, ‘Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere’ (2004) 5 MELBOURNE JOURNAL OF INTERNATIONAL LAW 108-132.

• W Lacey, ‘A Prelude to the Demise of Teoh: The High Court Decision in Re Minister for Immigration and Multicultural Affairs’ (2004) 26 SYDNEY LAW REVIEW 131-156.

• W Lacey, 'Inherent Jurisdiction, Judicial Power and Implied Guarantees under Chapter III of the Constitution' (2003) 31 FEDERAL LAW REVIEW 57.

• W Lacey, ‘In the Wake of Teoh: Finding an Appropriate Government Response’ (2001) 29 FEDERAL LAW REVIEW 219-240.

• W Lacey, ‘Engaging Diversity Through the Interpretation of International Law: A Review of Diversity and Self-Determination in International Law by Karen Knop’, (2003) 3 MACQUARIE LAW JOURNAL 189-193.

• W Lacey, ‘Restoring the Rule of Law Through a National Bill of Rights’ (2007) 84 PRECEDENT, 28-31.

• W Lacey, ‘Book Review: Australian Administrative Law: Fundamentals, Principles and Doctrines by Matthew Groves and HP Lee’ (2008) 29 ADELAIDE LAW REVIEW 389-395.

CONFERENCE PAPERS, PRESENTATIONS & SUBMISSIONS

• Speaker, Rights, Refugees and the Australian Constitution, Refugee Trauma Across the Lifespan: Children and Adolescent Wellbeing and the Implications for Adult Health, Symposium hosted by the UniSA Peace, Defence and Security Research and Innovation Cluster and Healthy Development Adelaide, National Wine Centre, Adelaide, 29 October 2009.

• Presenter, Beyond the Legalese and Rhetoric: Improving Human Rights Protection in Australia, Gift of Knowledge Lecture Series, University of South Australia, 11 August 2009.

• Keynote Speaker, Good Decision-Making: What You Need to Know, Six of the Best Seminar Series – Local Government Managers Australia and Wallmans Lawyers, Adelaide, 5 June 2009.

• 'Liberty, Legality and Limited Government: Section 75(v) of the Constitution', 12th Annual Public Law Weekend, Centre for International and Public Law, Australian National University, Canberra, 9-10 November, 2007.

• Opening Address, Animating the Human Rights Debate in South Australia: A Human Rights Day Symposium, University of South Australia, Adelaide, 10 December 2009.

• 'The Bill of Rights: Democratic Development or Judicial Power Grab?', Bill of Rights Debate, Australian Institute of Administrative Law, Adelaide, 30 August 2007.

• Chair, ‘Environment Panel’, 16th Annual Australian and New Zealand Society of International Law (ANZSIL) Conference – Security, Scarcity, Struggle: The Dilemmas of International Law, Canberra, 28 June 2008.

• 'Iraq, Guantanamo and the Rule of Law: International and National Dimensions', South Australian Model United Nations Conference Dinner, Adelaide, 14 April 2007.

• Chair, Administrative Law: Natural Justice – The Golden Thread, Law Society of South Australia Seminar, Adelaide, 16 March 2007.

• Chair and Closing Session Panellist, Administrative Law Seminar, South Australian Law Society, Adelaide, 24 February 2006.

• 'The Judicial Use of Unincorporated International Conventions in Administrative Law: Back-Doors, Platitudes and Window Dressing', Paper presented at an Expert Workshop on International Law and National Legal Systems, Australian National University, Canberra, 12-13 August 2004.

• 'International Law and Discretionary Decision-Making', Paper presented at the South Australian State Legal Convention, Adelaide, 22-23 July 2004.

• 'Highlighting Inconsistency: The Declaration As A Remedy in Administrative Law and International Human Rights Standards', Paper presented at the Annual Conference of the Australian Institute of Administrative Law, Hobart, 1 July 2004.

• ‘The End For Teoh? Re Minister for Immigration and Multicultural Affairs; Ex parte Lam’, Proceedings of the 2004 Constitutional Law Conference, Gilbert & Tobin Centre of Public Law, Sydney, 20 February, 2004.

• ‘Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere’, Proceedings of the 11th Annual Meeting of the Australian and New Zealand Society of International Law, Wellington New Zealand, 4-6 July 2003.

• 'International Law and Decision-Making', Seminar delivered to the South Australian Law Society, 29 October 2003, Adelaide.

• 'A Prelude to the Demise of Teoh: The High Court Decision in Re Minister for Immigration and Multicultural Affairs; Ex parte Lam', Seminar Paper delivered to the Advanced Administrative Law Class, Faculty of Law, University of Tasmania, Hobart, 17 April 2003.

• 'Postgraduate Research in Constitutional Law: Pitfalls and Prospects', Panellist, Constitutional Law Teachers Workshop, University of New South Wales, 14 February 2002.

• Joint Submission, (with Associate Professor Richard Herr), Senate Legal and Constitutional References Committee, Inquiry into the Commonwealth’s Treaty Making and External Affairs Powers, Hobart, 22 May 1995.

• 'Federalism and the External Affairs Power of the Commonwealth', Keynote Address, Tasmanian Schools’ Constitutional Convention, Launceston, June 1995.

RESEARCH PROJECTS & CONSULTING

• W Lacey, with V Waye, S Lombard and S Boyle, The Operation of OSHC Services Located on DECS Sites Within South Australia: Issues in Management and Legal Compliance, Division of Business Small Research Grant, University of South Australia, 2009 (A$3000.00).

• W Lacey (Chief Investigator) & P Fairall (Associate Investigator), Human Rights in an Age of Terror: Developing a Model Bill of Rights for South Australia, Division of Business Small Research Grant, University of South Australia, 2007 (A$9200.00)

• W Lacey, (Chief Investigator) & D Wright, (Associate Investigator), 'The Declaration as a Remedy for Human Rights Violations in Australia', Faculty of the Professions Small Research Grant Scheme, Adelaide University, 2003 (A$2510.00)

• W Lacey, 'Judicial Discretion and Human Rights: Expanding the Role of International Law in the Domestic Sphere', School of Law, University Research Grant Scheme, Adelaide University, 2003 (A$1200.00).

• Legal Opinion provided to the Appellant Lawyers on constitutional issues arising from the Interveners' Submissions in the matter of Kirk Group Holdings Pty Ltd & Graeme Joseph Kirk v Workcover Authority of New South Wales (No S106 of 2009, No S347 of 2008 and No S348 of 2008), 23 September 2009.

• Academic legal opinion on questions of procedural fairness, requested by the Director of Public Prosecutions, 23 November 2006.

I am able to provide media comment in the following areas of expertise:

Discipline: Law

• State and Federal Administrative Law
• International Law in the Australian Legal System
• Australian Federal Constitutional Law