Prof Simon Young

Prof Simon Young
NameProf Simon Young
Email Addresssimon.young@unisq.edu.au
Job TitleProfessor (Law and Justice)
QualificationsAMusA AMEB, BA Qld, LLB Qld, LLM QUT, PhD UWA
DepartmentSchool of Law and Justice
AffiliationsCentre for Heritage and Culture
ORCIDhttps://orcid.org/0000-0002-8835-7164 (unauthenticated)
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Biography

Dr Simon Young is a Professor of Law and Justice at the University of Southern Queensland and Deputy Director of UniSQ's Centre for Heritage and Culture. He specialises in the areas of First Nations law and policy (particularly native title) and public law (particularly administrative law) - publishing books in those fields in 1997, 2001, 2007, 2008 and 2016 - and articles in Australian, Canadian and UK journals. His postgraduate work on comparative native title was awarded UWA's Robert Street Prize for the PhD thesis making the most significant contribution to its field (2005), and his 2019 analysis of evolutions in Australian native title law was shortlisted for the 2020 Australian Legal Research Awards (Article/Chapter category). He has provided expert advice and/or seminars to various government agencies (in Australia and Canada), various non-government organisations, law reform commissions, courts and tribunals, law firms, barristers and journalists. In 2023 Simon was awarded a Fulbright Scholar Award to research First Nations' water rights at the University of Wisconsin in the US.

Employment

PositionOrganisationFromTo
Professor of Law and JusticeUniversity of Southern Queensland - School of Law and Justice / Centre for Heritage and Culture20142024
Senior Lecturer / Associate ProfessorUniversity of Western Australia - School of Law20052014
Lecturer in LawQueensland University of Technology19972005
Clerk/SolicitorMinter Ellison Lawyers19921996

Expertise

First Nations law and policy

Native title

Administrative Law

Government Accountability

Comparative law

Public law

Teaching

LAW2221/5221 - Administrative Law

LAW3486/8709 - Native Title Law & Policy

LAW8716 - Government Accountability

LAW2214/5214 - Property Law

IDK2203 - Indigenous Environmental Perspectives and Knowledge

Fields of Research

  • 450509. Aboriginal and Torres Strait Islander customary law
  • 450518. Aboriginal and Torres Strait Islander peoples and the law
  • 480302. Comparative law
  • 480701. Administrative law

Professional Membership

Professional MembershipYear
Adjunct Professor - School of Law, Uni of Western Australia
External Fellow - Centre for Public, International and Comparative Law, Uni of Queensland
Admitted Solicitor of the Supreme Court of Queensland
Member of the Australian Institute of Administrative Law
Member of The International Society of Public Law
AMusA
AMEB
1990
BA
Qld
1990
LLB
Qld
1994
LLM
QUT
1998
PhD
UWA
2005

Supervision Interests

First Nations law and policy

Native title

Administrative Law

Government Accountability

Comparative law

Public law

Current Supervisions

Research TitleSupervisor TypeLevel of StudyCommenced
Data-driven analysis of the evolution of Australian judicial review (UWA)Associate SupervisorDoctoral2022
Comparative analysis of the legal parameters for Indigenous consent to mining projects (UWA)Associate SupervisorDoctoral2020
Persecution, Vilification and Prosecution: The enduring impacts of the Bjelke-Petersen era for homosexual men in Australia.Principal SupervisorDoctoral2024
The (unchecked) role of the authorised person in a local government contextPrincipal SupervisorDoctoral2023
The Critique of the Native Title Process - An Indigenous PerspectiveAssociate SupervisorMasters2023
Australian Administration of Papua New GuineaAssociate SupervisorDoctoral2023
The child's best interest: Legal assessments of a child's evidencePrincipal SupervisorDoctoral2016

Completed Supervisions

Research TitleSupervisor TypeLevel of StudyCompleted
Still Waters Run Deep: Pilbara iron ore State agreement rights to mine dewatering and water law reform (UWA)AssociateDoctoral2018
Regulating groundwater use efficiency for sustainable development: the experiences of Colorado, the Namoi Catchment and the Gnangara Mound (UWA)AssociateDoctoral2014
Project titleDetailsYear
Cultural Water Modelling in Southern QueenslandCo-lead researcher on CSIRO funded collaborative project across several sites in southern Queensland.2023
DateNameAwarding organisationUnderpinning research
2023Fulbright Scholar AwardFulbright Commission / Uni of Wisconsin
2020Shortlisting for the Australian Legal Research Awards (Article/Chapter category)Council of Australian Law Deans
2005Robert Street Prize for best PhD thesis UWA
2001APA ScholarshipCommonwealth Government

Indigenous Rights in Freshwater: Mapping the Contested Space in Australia, New Zealand and Canada

Young, Simon, Down, Sarah and Mascher, Sharon. 2023. "Indigenous Rights in Freshwater: Mapping the Contested Space in Australia, New Zealand and Canada." Environmental and Planning Law Journal. 39 (3), pp. 276-301.

If COVID hospitalisations increase, it’s still not clear how patients will be prioritised for ICU beds

Close, Eliana, White, Ben, Willmott, Lindy, Young, Simon, Cockburn, Tina and Cairns, Will. 2021. "If COVID hospitalisations increase, it’s still not clear how patients will be prioritised for ICU beds." The Conversation. 27 October 2021, pp. 1-4.

Transparent triage policies during the COVID-19 pandemic: a critical part of medico-legal risk management for clinicians

Close, Eliana, Willmott, Lindy, Cockburn, Tina, Young, Simon, Cairns, Will and White, Ben P.. 2021. "Transparent triage policies during the COVID-19 pandemic: a critical part of medico-legal risk management for clinicians." Medical Journal of Australia. 215 (2), pp. 71-74.e1. https://doi.org/10.5694/mja2.51079

Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia?

Close, Eliana, Young, Simon, Cockburn, Tina, Willmott, Lindy and White, Ben P.. 2021. "Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia?" University of New South Wales Law Journal. 44 (1), pp. 9-59. https://doi.org/10.53637/FSJG1698

Commentary: members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422

Young, Simon. 2021. "Commentary: members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422." Watson, Nicole and Douglas, Heather (ed.) Indigenous legal judgments: bringing Indigenous voices into judicial decision making. Abingdon, Oxon, United Kingdom. Routledge. pp. 92-96

The 'Blue Sky effect': a repatriation of judicial review grounds or a search for flexibility?

Young, Simon. 2020. "The 'Blue Sky effect': a repatriation of judicial review grounds or a search for flexibility?" AIAL Forum. 2020 (98), pp. 54-69.

The Blue Sky Effect: a repatriation of judicial review or a search for flexibility?

Young, Simon. 2020. "The Blue Sky Effect: a repatriation of judicial review or a search for flexibility?" Australian Journal of Administrative Law. 27 (3), pp. 165-179.

Constitutional promises of Indigenous recognition: Canada, Vanuatu and the challenges of pluralism

Corrin, Jennifer and Young, Simon. 2019. "Constitutional promises of Indigenous recognition: Canada, Vanuatu and the challenges of pluralism." Common Law World Review. 48 (4), pp. 233-265. https://doi.org/10.1177/1473779519891623

The increments of justice: exploring the outer reach of Akiba's edge towards native title 'ownership'

Young, Simon. 2019. "The increments of justice: exploring the outer reach of Akiba's edge towards native title 'ownership'." University of New South Wales Law Journal. 42 (3), pp. 825-868. https://doi.org/10.53637/PZOJ4201

'The difficulties of communication encountered by Indigenous peoples’: moving beyond Indigenous deficit in the model admission rules for legal practitioners

Burns, Marcelle, Young, Simon and Nielsen, Jennifer. 2018. "'The difficulties of communication encountered by Indigenous peoples’: moving beyond Indigenous deficit in the model admission rules for legal practitioners." Legal Education Review. 28 (2), pp. 1-27.

The evolution of bias: spectrums, species and the weary lay observer

Young, Simon. 2017. "The evolution of bias: spectrums, species and the weary lay observer." Melbourne University Law Review. 41 (2), pp. 928-956.

A survey of arguments against the constitutional recognition of Indigenous Australian peoples

Patrick, Jeremy. 2016. "A survey of arguments against the constitutional recognition of Indigenous Australian peoples." Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) Constitutional recognition of first peoples in Australia: theories and comparative perspectives. Sydney, Australia. Federation Press. pp. 143-157

Reforming the Australian Constitution: an overview of recognition proposals

Jones, Nicky. 2016. "Reforming the Australian Constitution: an overview of recognition proposals." Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) Constitutional recognition of first peoples in Australia: theories and comparative perspectives. Sydney, New South Wales. Federation Press. pp. 48-67

Rights-based 'recognition': the Canadian experience

Mascher, Sharon and Young, Simon. 2016. "Rights-based 'recognition': the Canadian experience." Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) Constitutional recognition of first peoples in Australia - theories and comparative perspectives. Leichhardt, NSW, Australia. Federation Press. pp. 176-205

Constitutional recognition of first peoples in Australia - theories and comparative perspectives

Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) 2016. Constitutional recognition of first peoples in Australia - theories and comparative perspectives. Leichhardt, NSW, Australia. Federation Press.

Synergy or skirmish? The collaboration of law and anthropology

Young, Simon. 2016. "Synergy or skirmish? The collaboration of law and anthropology." Bright, Susan and Blandy, Sarah (ed.) Researching property law. London, United Kingdom. Palgrave Macmillan. pp. 145-163

Privative clauses: politics, legality and the constitutional dimension

Young, Simon. 2014. "Privative clauses: politics, legality and the constitutional dimension." Groves, Matthew (ed.) Modern administrative law in Australia: concepts and context. Port Melbourne. Cambridge University Press. pp. 276-297

Law and anthropology: the unhappy marriage?

Young, Simon. 2014. "Law and anthropology: the unhappy marriage?" Property Law Review. 2014 (3), pp. 236-246.

From the bike to the bus: the Noongar Native Title settlement

Young, Simon. 2013. "From the bike to the bus: the Noongar Native Title settlement." Native Title Newsletter.

The troubled sequel: Canadian aboriginal title revisited in the BC Court of Appeal

Young, Simon. 2012. "The troubled sequel: Canadian aboriginal title revisited in the BC Court of Appeal." Australian Property Law Bulletin. 26 (10), pp. 147-150.

Probing the frontiers of administrative law

Johnston, Peter, Young, Simon, Hooker, Richard and Pontre, Tom. 2011. "Probing the frontiers of administrative law." ALIAL Forum. 67, pp. 1-34.

An elegant convergence? The constitutional entrenchment of 'jurisdictional error' review in Australia

Young, Simon and Murray, Sarah. 2011. "An elegant convergence? The constitutional entrenchment of 'jurisdictional error' review in Australia." Oxford University Commonwealth Law Journal. 11 (2), pp. 117-142.

A climate for change? The 2009 Native Title report

Young, Simon. 2010. "A climate for change? The 2009 Native Title report." Indigenous Law Bulletin. 7 (18), pp. 20-24.

Tides of history and jurisprudential gulfs: Native title proof and the Noongar Western Australia claim

Young, Simon. 2010. "Tides of history and jurisprudential gulfs: Native title proof and the Noongar Western Australia claim." Indigenous Law Journal. 8 (1), pp. 95-120.

Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night?

Young, Simon. 2009. "Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night?" Land, Rights, Laws: Issues of Native Title. 4 (2), pp. 1-16.

Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission]

Young, Simon. 2009. Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission]. Unpublished.

One step forward and one step back: the Noongar South-West Native Title Claim

Young, Simon. 2008. "One step forward and one step back: the Noongar South-West Native Title Claim." Australian Property Law Bulletin. 23 (2), pp. 14-17.

The trouble with tradition: native title and cultural change

Young, Simon. 2008. The trouble with tradition: native title and cultural change. Sydney, Australia. Federation Press.

Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective

Young, Simon. 2008. "Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective." Australian Indigenous Law Review. 12, pp. 60-68.

Administrative law in Australia

Lane, W. B. and Young, Simon. 2007. Administrative law in Australia. Sydney, Australia. Lawbook Co..