Publications by Dr Nicola McGarrity | Law

Publications by Dr Nicola McGarrity

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Books

1. Inside Australia’s Anti-Terrorism Laws and Trials (New South Press) (2015) (with Andrew Lynch and George Williams).

2. Surveillance, Counter-Terrorism and Comparative Constitutionalism (2014) (Routledge-Cavendish) (co-edited with Fergal Davis and George Williams).

3. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 (Routledge-Cavendish) (2010) (co-edited with Andrew Lynch & George Williams).

Book Chapters

1. ‘Terrorism and Human Rights’ (with Jessie Blackbourn) in Leanne Weber, Elaine Fishwick and Marinella Marmo (eds), Routledge Handbook of Criminology and Human Rights (Routledge-Cavendish) (2016) 136-145.

2. ‘Australia’ (with Fergal Davis and George Williams) in Kent Roach (ed), Comparative Counter-Terrorism Law: The State of the Art (2015) (Cambridge University Press).

3. ‘Mapping the Terrain’ (with Fergal Davis and George Williams) in Fergal Davis, Nicola McGarrity and George Williams (eds), Surveillance, Counter-Terrorism and Comparative Constitutionalism (Routledge-Cavendish) (2014).

4. ‘From Covert to Coercive: A New Model of Surveillance for Intelligence Agencies’ (with George Williams) in Fergal Davis, Nicola McGarrity and George Williams (eds), Surveillance, Counter-Terrorism and Comparative Constitutionalism (Routledge-Cavendish) (2014).

5. ‘Anti-Terrorism Laws: Balancing National Security and a Fair Hearing’ (with Edward Santow) in Victor Ramraj, Michael Hor, Kent Roach and George Williams (eds), Global Anti-Terrorism Law and Policy (Cambridge University Press) (2nd ed, 2012).

6. ‘Anti-Terrorism Laws: Balancing National Security and a Fair Hearing’ (with Edward Santow) in Global Anti-Terrorism Law and Policy (2nd ed, 2012) (Cambridge University Press) (Victor V Ramraj, Michael Hor, Kent Roach & George Williams).

7. 'Country Study: Australia' in Parliamentary Oversight of Security and Intelligence Agencies in the European Union (2011) (study prepared for the European Parliament's Committee on Civil Liberties, Justice and Home Affairs).

8. ‘The Emergence of a “Culture of Control”’ (with Andrew Lynch and George Williams) in Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 (Routledge-Cavendish) (2010) (Nicola McGarrity, Andrew Lynch & George Williams).

9. 'When Extraordinary Measures Become Normal: Pre-Emption in Counter-Terrorism and Other Laws' (with George Williams) in Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 (Routledge-Cavendish) (2010) (Nicola McGarrity, Andrew Lynch & George Williams).

Refereed Articles

1. ‘Coercive Questioning and Detention by Domestic Intelligence Agencies’ (2014) 9(1) Journal of Policing, Intelligence and Counter-Terrorism 48.

2. 'Let the Punishment Match the Offence: Determining Sentences for Australian Terrorists’ (2013) 2(1) International Journal for Crime and Justice 18.

3. 'The Criminalisation of Terrorist Financing in Australia' (2012) 38(3) Monash University Law Review 55.

4. 'Listening and Hearings: Intercept Evidence in the Courtroom' (2012) 4 Journal of Commonwealth Criminal Law 257 (with Jessie Blackbourn).

5. 'The Extraordinary Questioning and Detention Powers of the Australian Security Intelligence Organisation' (2012) Melbourne University Law Review 415 (with Lisa Burton and George Williams).

6. 'From Terrorism to Bikies: Control Orders in Australia' (2012) Alternative Law Journal 166.

7. 'Sunset Clauses in Australian Anti-Terror Laws' (2012) 33(2) Adelaide Law Review 307 (with Rishi Gulati and George Williams).

8. 'Principles Relevant to the Sentencing of Individuals for Terrorism Offences in Australia' (2011) Crime Justice and Social Democracy: Conference Proceedings 211.

9. ‘Fourth Estate or Government Lapdog? The Role of the Australian Media in the Counter-Terrorism Context’ (2011) 25(2) Continuum 273.

10. ‘An Example of Worst Practice? The Coercive Counter-Terrorism Powers of the Australian Security Intelligence Organisation’ (2010) 4(3) Vienna Journal of International Constitutional Law 467.

11. ‘Recognition of Local Government in the Australian Constitution’ (2010) 21 Public Law Review 264 (with George Williams).

12. ‘A “Watch Dog” of Australia’s Counter-Terrorism Laws – The Coming of the National Security Legislation Monitor’ (2010) 21(3) Flinders Journal of Law Reform 164 (with Andrew Lynch).

13. ‘Counter-Terrorism Laws in a Nation without a Bill of Rights: The Australian Experience’ (2010) 2 City University of Hong Kong Law Journal 45 (with George Williams).

14. ‘“Testing Our Counter-Terrorism Laws”: The Prosecution of Individuals for Terrorism Offences in Australia' (2010) 34(2) Criminal Law Journal 92.

15. 'Lessons from the History of Proscription of Terrorist and Other Organisations' (2009) 13(2) Legal History 25 (with Andrew Lynch & George Williams).

16. 'The Proscription of Terrorist Organisations in Australia' (2009) 37 Federal Law Review 1 (with Andrew Lynch & George Williams).

17. 'The Investigatory Powers of the Australian Building and Construction Commission' (2008) 21 Australian Journal of Labour Law 244 (with George Williams).

18. 'Review of the Proscription of Terrorist Organisations: What Role for Procedural Fairness?' (2008) 16 Australian Journal of Administrative Law 45.

19. 'Australia's Counter-Terrorism Laws: How Neutral Laws Create Fear and Anxiety in Muslim Communities' (2008) 33 Alternative Law Journal 225.

20. 'Errors in the Anti-Charter Campaign: The Need for Public Education about Human Rights' (2009) 34(1) Alternative Law Journal 11.

Non-Refereed Articles

1. ‘Calling a Coup a Coup: Judicial Authority versus Political Reality in the Fiji Islands’ (2009) 20 Public Law Review 178.

2. 'Case Note: Qarase v Bainimarama' (2009) 20 Public Law Review 16.

Media Publications

1. ‘How reactive law-making will limit the accountability of ASIO’, Inside Story, 24 July 2014 (with Jessie Blackbourn).

2. ‘The Independent National Security Monitor’s unfinished work’, Inside Story, 3 April 2014 (with Jessie Blackbourn).

3. ‘Anti-terror laws and the knowledge gap’, Inside Story, 23 May 2013 (with Jessie Blackbourn).

4. ‘Our excessive anti-terrorism laws must go’, The Drum Opinion, 15 May 2013 (with Jessie Blackbourn).

5. ‘Constitutional recognition a referendum challenge, The Drum Opinion, 10 May 2013 (with Lyndon Goddard).

6. ‘There aren’t many votes in supporting Hicks’, The Drum Opinion, 18 October 2012 (with Fergal Davis).

7. ‘Just the beginning of a national security debate’, Inside Story, 2 August 2012 (with Jennifer Goh).

8. ‘National security monitor: off to a good start’, The Drum Opinion, 30 March 2012 (with Jessie Blackbourn).

9. ‘Freedoms are losing out to fear’, The Age, 14 August 2009.

10. ‘At last, an independent reviewer of terrorism laws’, Inside Story, 16 July 2009 (with Andrew Lynch).

11. ‘So far, so good for security monitor’, Australian Financial Review, 10 July 2009 (with Andrew Lynch).

12. 'The thin grey line', Inside Story, 25 March 2009.

13. 'Nowhere to go', Inside Story, 7 November 2008.

14. 'A tangled tale of two houses', The Age, 24 September 2008 (with George Williams).

15. 'Identifying clear and present danger', Sydney Morning Herald, 17 September 2008.

16. 'A victory only until the next time', Sydney Morning Herald, 16 July 2008 (with George Williams).

17. ‘Disentangling the story of Mamdouh Habib’, Australian Policy Online, 6 June 2008 (with Andrew Lynch).

Submissions

1. Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (October 2016) (with Rebecca Ananian-Welsh, Tamara Tulich and George Williams).

2. Submission to the Independent National Security Legislation Monitor, Review into Terrorism Questioning and Detention Powers (June 2016) (with George Williams).

3. Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into Counter-Terrorism Legislation Amendment Bill (No 1) 2015 (December 2015) (with Rebecca Ananian-Welsh, Keiran Hardy, Andrew Lynch, Noam Peleg and Tamara Tulich).

4. Submission to the Independent National Security Legislation Monitor, Inquiry into the Adequacy of the Safeguards Relating to the Control Order Regime Provided for by Division 104 of the Criminal Code (September 2015) (with Rebecca Ananian-Welsh, Lisa Burton Crawford, Jessie Blackbourn, Fergal Davis, Keiran Hardy, Andrew Lynch, Sangeetha Pillai, Tamara Tulich and George Williams).

5. Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters Bill) 2014 (October 2014) (with Keiran Hardy and George Williams).

6. Supplementary Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into the National Security Legislation Amendment Bill (No 1) 2014 (August 2014) (with Keiran Hardy and George Williams).

7. Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into the National Security Legislation Amendment Bill (No 1) 2014 (July 2014) (with Keiran Hardy and George Williams).

8. Submission to the Senate Standing Committee on Legal and Constitutional Affairs, Inquiry into the Independent National Security Legislation Monitor Repeal Bill 2014 (April 2014) (with Jessie Blackbourn, Andrew Lynch and George Williams).

9. Submission to the Independent National Security Legislation Monitor, 2014 Review of National Security Legislation (February 2014) (with Rebecca Ananian-Welsh, Fergal Davis, Sangeetha Pillai, Tamara Tulich and George Williams).

10. Submission to the Senate Standing Committee on Employment and Education, Inquiry into the Provisions of the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 (November 2013) (with George Williams).

11. Submission to the Independent National Security Legislation Monitor on Terrorist Financing (July 2013).

12. Submission to the Joint Select Committee on Constitutional Recognition of Local Government (December 2012) (with Shipra Chordia, Paul Kildea, Andrew Lynch and George Williams).

13. Submission to the COAG Review Committee, Review of Anti-Terrorism Laws (September 2012) (with Lisa Burton, Fergal Davis, Andrew Lynch, Tamara Tulich, Rebecca Welsh and George Williams).

14. Submission to the Independent National Security Legislation Monitor, Inquiry into ASIO’s Questioning and Detention Powers (September 2012) (with Lisa Burton and George Williams).

15. Submission to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into Proposed National Security Reforms (August 2012) (with Jessie Blackbourn, Fergal Davis, Jennifer Goh, Keiran Hardy and George Williams).

16. Submission to the Senate Education, Employment and Workplace Relations Committee, Inquiry into the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011 (January 2012) (with George Williams).

17. Submission to the Expert Panel on Constitutional Recognition of Local Government, Inquiry into Constitutional Recognition of Local Government (November 2011) (with Paul Kildea, Andrew Lynch and George Williams).

18. Submission to the Australian Communications and Media Authority, Public Consultation into Reform of the Anti-Terrorism Standards (February 2011) (with George Williams).

19. Submission to the Australian Communications and Media Authority, Public Consultation into Reform of the Anti-Terrorism Standards (February 2011) (with George Williams).

20. Submission to the Senate Education, Employment and Workplace Relations Committee, Inquiry into the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011 (January 2011) (with George Williams).

21. Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010 (April 2010) (with Emily Collett, Andrew Lynch, Chris Michaelsen, Ed Santow and George Williams).

22. Submission to the Attorney-General’s Department regarding the National Security Legislation Discussion Paper (September 2009) (with Ben Golder, Andrew Lynch, Chris Michaelsen, Ed Santow, Ben Teeger and George Williams).

23. Submission to the Senate Standing Committee on Legal and Constitutional Affairs, Inquiry into the Anti-Terrorism Laws Reform Bill 2009 (August 2009) (with Andrew Lynch, Ben Teeger and George Williams).

24. Submission to the Senate Finance and Public Administration Committee, Inquiry into the National Security Legislation Monitor Bill 2009 (July 2009) (with Andrew Lynch and George Williams).

25. Submission to the Senate, Education, Employment and Workplace Relations Committee, Inquiry into the Building and Construction Industry Improvement (Transition to Fair Work) Bill 2009 (July 2009) (with George Williams).

26. Submission to the National Human Rights Consultation (May 2009) (with Ben Golder, Andrew Lynch and Christopher Michaelsen).

27. Submission to the Inquiry on the Transition to Fair Work Australia for the Building and Construction Industry (November 2008) (with George Williams).

28. Submission to the Senate Education, Employment and Workplace Relations Committee, Inquiry into the Building and Construction Inquiry (Restoring Workplace Rights) Bill 2008 (October 2008) (with George Williams).

29. Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2] (September 2008) (with Andrew Lynch and George Williams).

30. Supplementary Submission to the Clarke Inquiry into the Haneef Case (September 2008) (with Andrew Lynch and George Williams).

31. Submission to the Clarke Inquiry into the Haneef Case (May 2008) (with Andrew Lynch and George Williams).

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