Dr Greg Carne

Associate Professor - School of Law

Phone: +61 (02) 6773 3702

Email: greg.carne@une.edu.au

Biography

Greg Carne is a legal researcher, academic lawyer and lecturer in the fields of Constitutional Law, International Human Rights (including domestic application), International Law and National Security Law, the last mentioned drawing together these public law and international law academic areas. He has a broad range of research, publication, teaching, curriculum development,  academic committee and administrative experience in five quite differently situated law schools- Group of Eight, small, traditional, new, regional, as well as clinical legal education. His research focuses on the aforementioned areas, combining academic refereed publication and broader engagement in the form of Parliamentary submissions, media pieces and law seminar presentations. The academic publications take a critical and analytical approach to current issues of major importance, covering both doctrinal aspects and broader evaluations, some of which have received relatively little exposure in Australian law or political theory.

Qualifications

BA LLB (Hons) Monash, Postgraduate Dip Ed Melbourne, PhD (Law) (Category A) Australian National University, Barrister and Solicitor (Supreme Court of Victoria), Australian Lawyer (NSW)

Teaching Areas

LAW 220 Constitutional Law (Unit Co-Ordinator and Lecturer)

LAW 326 and LLM 526 Human Rights (Unit Co-Ordinator and Lecturer)

LAW 361 International Law (Unit Co-Ordinator and Lecturer)

LLM 502 Contemporary Issues in Constitutional Law (Unit Co-Ordinator and Lecturer)

Teaching Excellence Award Nomination (UNE 2017) Constitutional Law LAW 220

Excellence in Teaching Faculty Award Nomination (UWA 2013) Constitutional Law  (Combined Faculties Law, Education, Architecture, Landscape and Visual Arts)

University Teaching Merit Certificates (UTAS) (2003 and 2005)

Primary Research Area/s

Constitutional Law, Human Rights (International and domestic), ; National Security Law, Terrorism and the Law, International Law

Research Interests

Constitutional Law, Human Rights (international and domestic application), National Security Law, Terrorism and the Law,  International Law

Research Supervision Experience

Co-Supervisor (with Professor Doug Hodgson Dean of Law, Notre Dame University) to completion of research Master of Laws on International Humanitarian Intervention and ASEAN (2012, UWA)

Co-supervisor for current Master of Laws by research candidate on topic 'Australia's international law obligations with respect to the Murray Darling River Basin'

Publications

Select academic publications:

G Carne, 'Failing the Civilian Response?: Defence Amendment (Call Out of the ADF) Act 2018 (Cth) (2019) 30 (2) Public Law Review (accepted, forthcoming)

G Carne, ‘Reviewing The Reviewer: The Role of the Parliamentary Joint Committee on Intelligence and Security – Constructing Or Constricting Terrorism Law Review?’ (2017) 43 Monash University Law Review 334-385 (27, 417 words)

G Carne, “As Safe As Houses? Commonwealth Continuing Detention of High Risk Terrorist Offenders” (2017) 28 (3) Public Law Review 191-198

G Carne, “Sharpening the Learning Curve: Lessons From The Commonwealth Parliamentary Joint Committee Of Intelligence and Security Review Experience of Five Important Aspects of Terrorism Laws”’ (2016) University of Western Australia Law Review 1-47 (20, 620 words)

G Carne, "Re-orientating human rights meanings and understandings? : reviving and revisiting Australian human rights exceptionalism through a liberal democratic rights agenda" (2015) 17 Flinders Law Journal 1-67 (23,456 words)

G Carne, "We of the Never Never?: constitutional misconceptions and political realities in pre-constituting the State of the Northern Territory" (2013) 16 Southern Cross University Law Review 41-86 (21,500 words)

G Carne, "Is near enough good enough?- implementing Australia's international human rights torture criminalisation and prohibition obligations in the Criminal Code (Cth)' (2012) 33 Adelaide Law Review 229-270 (19,900 words)

G Carne, "Beyond Terrorism: Enlarging the National Security Footprint Through The Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011 (Cth)" (2011) 13 Flinders Law Journal 177-239 (20,363 words)

G Carne, "Abolitionist or relativist?: Australia's Legislative and International Responses To Its International Human Rights Death Penalty Abolition Obligations" (2011) 15 University of Western Sydney Law Review 40-79. (16,526 words)

G Carne, "Charting Opposition to Human Rights Charters: New Arguments or  Recycled Objections?" (2009) 28University of Tasmania Law Review 81-124. (19,112 words)

G Carne, "Remedying the Past Or Losing International Human Rights In Translation?- 'Comprehensive' Responses To Australian National Security Legislation Reviews" (2009) 13 University of Western Sydney Law Review 37-81. (18,260 words)

G Carne, "Neither Principled Nor Pragmatic?: International Law, International Terrorism and the Howard Government" (2008) 27 Australian Year Book of International Law 1-44 (17,749 words)

G Carne, "Hasten Slowly: Urgency, Discretion and Review – A Counter-Terrorism Legislative Agenda and Legacy" (2008) 13 Deakin Law Review 51-99 (20,782 words)

G Carne, "Prevent, Detain, Control and Order?: Legislative Process and Executive Outcomes in Enacting the Anti-Terrorism Act (No.2) 2005 (Cth)" (2007) 10 Flinders Journal of Law Reform 17-79 (35,217 words)

G Carne, "Gathered Intelligence or Australianised Exceptionalism?: Securing the Development of ASIO's Detention and Questioning Regime" (2006) 26 Adelaide Law Review 1-57(26,800 words)

G Carne, "Reconstructing 'human security' in a new security environment: one Australian, two Canadians and Article 3 of the Universal Declaration of Human Rights" (2006) 25 Australian Yearbook of International Law 1-41 (19,903 words)

G Carne, "A Timely Restoration of Order To The Utter Lawlessness of A New International 'Law'" (2005) 28 University of New South Wales Law Journal 935-944.

G Carne, "Detaining Questions or Compromising Constitutionality?: The ASIO Legislation Amendment (Terrorism) Act 2003 (Cth)" (2004) 27 University of New South Wales Law Journal 524-578. (32,898 words)

G Carne, "Brigitte and the French Connection: Security Carte Blanche or A La Carte?" (2004) 9 Deakin Law Review 573-619. (24,395 words)

G Carne, "An offshore cage selected in the vain hope of avoiding accountability to the standards of law?" (2004) 1 University of New England Law Journal 271-278.

G Carne, "Terror and the Ambit Claim: the Security Legislation Amendment (Terrorism) Act 2002 (Cth)" (2003) 14 Public Law Review 13-19.

G Carne, "A Compelling Consideration of Law and Politics in the High Court of Australia?" (2002) 26 Melbourne University Law Review 224-235.

G Carne, "A Terrible Swift Sword: Terrorism, Military Tribunals and the Rule of Law" (2001) 26 Alternative Law Journal 302-303.

Academic Research Based Submissions to Commonwealth Parliament Parliamentary Committee and Other Committee Inquiries:

G Carne 2018, ‘Submission to the Senate Legal and Constitutional Affairs Committee Inquiry on the Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 (Cth),Senate Legal and Constitutional Affairs Committee, Commonwealth Parliament, Submission 16 (2018) at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/DefenceForceBill/Submissions

G Carne 2016, 'Submission to Royal Commission into the Protection and Detention of Children in the Northern Territory' Commonwealth Royal Commission into Incidents at the Don Dale Youth Detention Centre, Darwin, Northern Territory (2016) at https://childdetentionnt.royalcommission.gov.au/submissions/Documents/submissions/Associate-Professor-Greg-Carne-University-of-New-England.pdf

G Carne 2014, 'Submission to Inquiry into Counter-Terrorism Legislation Amendment Bill (no 1) 2014', Parliamentary Joint Committee on Intelligence and Security Commonwealth Parliament Submission 4 (2014)

G Carne 2014, 'Submission to Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014', Parliamentary Joint Committee on Intelligence and Security Commonwealth Parliament Submission 27 (2014)

G Carne 2014, 'Submission to Inquiry into the National Security Legislation Amendment Bill (No 1) 2014', Parliamentary Joint Committee on Intelligence and Security Commonwealth Parliament Submission 5 (2014)

G Carne 2012, 'Submission to Inquiry into Potential Reforms of National Security Legislation, including Discussion Paper 'Equipping Australia Against Emerging and Evolving Threats' Parliamentary Joint Committee on Intelligence and Security Commonwealth Parliament Submission 42 (2012)

G Carne 2012, 'Submission to Council of Australian Governments (COAG) Review of Counter-Terrorism Legislation' Commonwealth Attorney-General's Department (2012) (Whealy Committee – invited witness submission)

G Carne 2005, "Submission to Inquiry into the provisions of the Anti-Terrorism Bill (No 2) 2005' Senate Legal and Constitutional Legislation Committee, Submission 8 (2005)

G Carne 2005, 'Supplementary Submission to Submission 67 dated 23 March 2005 for Review of Australian Security Intelligence Organisation (ASIO) House of Representatives Submission 67 A (2005)

G Carne 2005, 'Re: Review of ASIOs Questioning and Detention Powers Supplementary to Submission 67, Parliamentary Joint Committee on ASIO, ASIS and DSD', House of Representatives Submission 100 (2005)

G Carne 2005, 'Submission for Review of the Australian Security Intelligence Organisation (ASIO) Questioning and Detention Powers by Parliamentary Joint Committee on ASIO, ASIS and DSD', House of Representatives Submission 67 (2005) (Invited witness submission)

G Carne 2005, 'Supplementary Submission to Submission 67 dated 23 March 2005 for Review of the Australian Security Intelligence Organisation (ASIO) Questioning and Detention Powers by the Parliamentary Joint Committee on ASIO, ASIS and DSD', Submission 67 C

G Carne 2004, 'Submission to Senate Legal and Constitutional Legislation Committee on Anti-Terrorism Bill (No 2) 2004 (Cth) Senate Legal and Constitutional Legislation Committee, Submission 87 (2004)

G Carne 2002, 'Submission to inquiry into the Australian Security Intelligence Legislation (Terrorism) Amendment Bill 2002' Parliamentary Joint Committee on ASIO, ASIS and DSD, Submission 150 (2002)

G Carne 2002, 'Supplementary submission to Inquiry into Australian Security Intelligence Legislation (Terrorism) Amendment Bill 2002 (Cth) (Submission 24 to Senate Legal and Constitutional Legislation Committee) Senate Legal and Constitutional Legislation Committee, Submission 24 A (2002)

G Carne 2002 'Supplementary submission to inquiry into Australian Security Intelligence Legislation (Terrorism) Amendment Bill 2002 (Submission 155 to Parliamentary Joint Committee), Parliamentary Joint Committee on ASIO, ASIS and DSD, Submission 155 (2002) (Invited witness submission)

G Carne 2002, 'Clarification and elaboration of responses to questions of 4 November 2002. Denial of legal representation (Incommunicado detention) during the first 48 hours of detention under the ASIO Legislation (Terrorism) Amendment Bill 2002 (Cth) Senate Legal and Constitutional Legislation Committee, Submission 24 B (2002)

G Carne 2002,  'Submission to Inquiry into the Australian Security Intelligence Legislation (Terrorism) Amendment Bill 2002 (Cth) (Submission 24 to Senate Legal and Constitutional Legislation Committee) Senate Legal and Constitutional Legislation Committee, Submission 24 (2002) (Invited witness submission)

Memberships

Australian and New Zealand Society of International Law

Australian Association of Constitutional Law

Australasian Law Academics Association

Roles

Founder, Convenor and Facilitator, Law Early Career Research Roundtable (UNE Law)

Convenor, International Law Research and Interest Group (UNE Law)

Member, Research Advisory Group (UNE lLaw)

Michael Kirby Research Seminar Co-Ordinator (UNE Law)

Sir Frank Kitto Annual Lecture Co-Ordinator (UNE Law)

School of Law representative, the Judges and the Academy (NSW and ACT) at UNSW Law

Member, Law Research Postgraduate Application Reference Group (UNE Law)

School of Law representative, ALTA - Australasian Law Academics Association

Member, Curriculum Review Working Groups - LLB Institutional and LLB Electives (UNE Law)