Dr Rebecca Ananian-Welsh

Senior Lecturer

School of Law
Faculty of Business, Economics and Law
rebecca.aw@law.uq.edu.au
+61 7 336 52218

Overview

Dr Rebecca Ananian-Welsh is a constitutional law scholar and Senior Lecturer at UQ Law with combined expertise in the Australian judiciary and national security law. She has published widely in these fields, including two edited collections as well as articles in leading journals such as the Sydney Law Review, Melbourne University Law Review, Public Law Review and more. In 2019, she was awarded the Academy of Social Sciences in Australia’s Paul Bourke Award for Early Career Research and a UQ BEL Faculty research award, in recognition of her research in national security, press freedom and fair trial rights. Her book 'The Tim Carmody Affair: Australia's Greatest Judicial Crisis' (co-authored with Gabrielle Appleby and Andrew Lynch), was shortlisted for a 2017 Queensland Literary Award.

Rebecca’s current research combines legal and empirical approaches to examine the impact of national security law on press freedom. Rebecca is also interested the fundamental nature and powers of courts, with recent publications concerning the ‘inherent’ jurisdiction and powers of courts, and the defining characteristics of courts under the Constitution.

Rebecca writes regularly for The Conversation, has given evidence to the Parliamentary Joint Committee on Intelligence and Security, and has contributed to numerous submissions to government with respect to national security, human rights and constitutional issues. Prior to joining UQ Law, Rebecca was an member of the Laureate Fellowship Project 'Anti-Terror Laws and the Democratic Challenge' and the Gilbert + Tobin Centre of Public Law's Terrorism & Law Project at UNSW. Before commencing her academic career, Rebecca was as a litigation solicitor at DLA Piper (then DLA Phillips Fox) Sydney and a legal officer with the Federal Attorney-General's Department Canberra.

Research Interests

  • National Security Law and Policy
  • Courts and judges
    The judicial branch, fair trial rights, open justice, and the interpretation and application of Chapter III of the Australian Constitution
  • Press freedom
    Particular focuses on the impact of counter-terrorism and national security law on press freedom, including: source protection, data privacy, the 'chilling effect', law enforcement and intelligence powers, and options for maximising both security and democracy.

Qualifications

  • Bachelor of Arts, University of Wollongong
  • Bachelor of Law Honours, University of Wollongong
  • Graduate Diploma in Legal Practice, University of Wollongong
  • Doctor of Philosophy, University of New South Wales

Publications

View all Publications

Grants

View all Grants

Supervision

  • Doctor Philosophy

  • Doctor Philosophy

  • Doctor Philosophy

View all Supervision

Available Projects

  • Potential projects may concern the intersection between law and press freedom, including:

    • The impact of law on press freedom. In particular, national security or law enforcement measures.
    • The protection of press freedom under law. Including assessments of press freedom protections under Australian or foreign law, with a view to identifying strengths and weaknesses in various options.
    • The relationship between press freedom and public law, including: open justice, fair trials, courts, governmental accountability, democracy, and the rule of law.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

  • Potential projects may concern:

    • Chapter III of the Australian Constitution.
    • Cases and principles concerning judicial independence in Australia (at state, territory or federal level) and/or elsewhere.
    • What defines a court under the Constitution?
    • The inherent jurisdiction and powers of common law courts.
    • Fair trial rights and principles.
    • Open justice.

    Projects with a case-law focus will be particularly encouraged.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

  • Potential projects may concern:

    • Counter-terrorism laws and policies in Australia and/or elsewhere.
    • Trends in national security law, including the migration, normalisation and extension of national security laws, for example into the organised crime context.
    • The relationship between national security laws and facets of public law, such as press freedom, the separation of powers,the rule of law, federalism, representative government, open and equal justice, constitutional freedoms, and so on.
    • The effectiveness of national security measures.
    • New directions in national security law and policy.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

View all Available Projects

Publications

Featured Publications

Book

Book Chapter

  • Ananian-Welsh, Rebecca (2019). A fair trial for accused terrorists. The legal protection of rights in Australia. (pp. 313-333) edited by Matthew Groves, Janina Boughey and Dan Meagher. Sydney, NSW Australia: Bloomsbury.

  • Ananian-Welsh, Rebecca (2019). Crimmigration-counterterrorism in the war on foreign terrorist fighters. Crimmigration in Australia: law, politics and society. (pp. 173-195) edited by Peter Billings. Singapore: Springer. doi: 10.1007/978-981-13-9093-7_8

  • Ananian-Welsh, Rebecca and McGarrity, Nicola (2018). National security: a hegemonic constitutional value?. Australian constitutional values. (pp. 267-286) edited by Rosalind Dixon. Portland, OR, United States: Hart Publishing.

  • Ananian-Welsh, Rebecca (2017). If at first you don't succeed...: effectiveness and the evolution of preventive organised crime measures. Regulating preventive justice: principle, policy and paradox. (pp. 177-194) edited by Tamara Tulich, Rebecca Ananian-Welsh, Simon Bronitt and Sarah Murray. New York, NY, United States: Routledge. doi: 10.4324/9781315620978-10

  • Ananian-Welsh, Rebecca (2016). Introduction. Judicial independence in Australia: contemporary challenges, future directions. (pp. 1-6) edited by Crowe, Jonathan and Ananian-Welsh, Rebecca. New South Wales: Federation Press.

  • Ananian-Welsh, Rebecca (2016). Judicial independence in an age of terror. Judicial independence in Australia: contemporary challenges, future directions. (pp. 241-254) edited by Rebecca Ananian-Welsh and Jonathan Crowe. Annandale, Australia: Federation Press.

  • Ananian-Welsh, Rebecca and Williams, George (2016). State judges as lieutenant-governors. Judicial independence in Australia: contemporary challenges, future directions. (pp. 194-207) edited by Rebecca Ananian-Welsh and Jonathan Crowe. Annandale, Australia: Federation Press.

  • Ananian-Welsh, Rebecca (2015). Secrecy, procedural fairness and state courts. Secrecy, law and society. (pp. 120-135) edited by Greg Martin, Rebecca Scott Bray and Miiko Kumar. Abingdon, United Kingdom: Routledge.

  • Welsh, Rebecca (2013). Anti-terror preventive detention and the independent judiciary. Preventive detention: asking the fundamental questions. (pp. 137-158) edited by Patrick Keyzer. Cambridge, United Kingdom: Intersentia.

  • Lynch, Andrew, Tulich, Tamara and Welsh, Rebecca (2013). Secrecy and control orders: the role and vulnerability of constitutional values in Australia and the United Kingdom. Secrecy, national security, and the vindication of constitutional law. (pp. 154-172) edited by David Cole, Federico Fabbrini and Arianna Vedaschi. Cheltenham, United Kingdom: Edward Elgar. doi: 10.4337/9781781953860.00018

Journal Article

Conference Publication

Other Outputs

Grants (Administered at UQ)

PhD and MPhil Supervision

Current Supervision

  • Doctor Philosophy — Associate Advisor

    Other advisors:

  • Doctor Philosophy — Associate Advisor

    Other advisors:

  • Doctor Philosophy — Associate Advisor

Possible Research Projects

Note for students: The possible research projects listed on this page may not be comprehensive or up to date. Always feel free to contact the staff for more information, and also with your own research ideas.

  • Potential projects may concern the intersection between law and press freedom, including:

    • The impact of law on press freedom. In particular, national security or law enforcement measures.
    • The protection of press freedom under law. Including assessments of press freedom protections under Australian or foreign law, with a view to identifying strengths and weaknesses in various options.
    • The relationship between press freedom and public law, including: open justice, fair trials, courts, governmental accountability, democracy, and the rule of law.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

  • Potential projects may concern:

    • Chapter III of the Australian Constitution.
    • Cases and principles concerning judicial independence in Australia (at state, territory or federal level) and/or elsewhere.
    • What defines a court under the Constitution?
    • The inherent jurisdiction and powers of common law courts.
    • Fair trial rights and principles.
    • Open justice.

    Projects with a case-law focus will be particularly encouraged.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

  • Potential projects may concern:

    • Counter-terrorism laws and policies in Australia and/or elsewhere.
    • Trends in national security law, including the migration, normalisation and extension of national security laws, for example into the organised crime context.
    • The relationship between national security laws and facets of public law, such as press freedom, the separation of powers,the rule of law, federalism, representative government, open and equal justice, constitutional freedoms, and so on.
    • The effectiveness of national security measures.
    • New directions in national security law and policy.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.

  • Potential projects may concern ways in which each branch of government engages in 'preventive justice', that is, imposing restraints on liberty (through, eg, control orders, preventive detention orders, or other controls) for the prevention of future harm rather than as a consequence of past wrongdoing. Projects will be encouraged with a focus on courts and/or a constitutional aspect.

    For further information contact Dr Rebecca Ananian-Welsh, e:rebecca.aw@law.uq.edu.au.