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Professor Simon Young

Professor Simon Young
Name Simon Young
Position Professor (Law and Justice)
Section School of Law and Justice
Office Q430
Location Toowoomba Campus
Phone +61 7 4631 5591
Extension 5591
Email
Qualifications AMusA AMEB , BA Qld , LLB Qld , LLM QUT , PhD UWA
Homepage https://research-repository.uwa.edu.au/en/persons/simon-young
The views expressed on staff homepages may not reflect the views of the University.

Dr Simon Young is a Professor of Law and Justice at the University of Southern Queensland and Deputy Director of USQ's Centre for Heritage and Culture. He previously worked at UWA (2005-2014), QUT (1996-2005) and with a national law firm (1992-1996). He specialises in the areas of Indigenous 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. Simon has received the UWA Blackstone Society Award for Law Teacher of the Year (in 2008 & 2013), the UWA Faculty of Law Excellence in Individual Teaching Award (p/grad & u/grad) (2008), and the USQ Law Student Society Outstanding Lecturer Award (2020).


Fields of Research (FoR)

  • Comparative Law ( 180106 )
  • Aboriginal and Torres Strait Islander Law ( 180101 )
  • Administrative Law ( 180103 )
  • Administrative Law ( 480701 )
  • Aboriginal And Torres Strait Islander Customary Law ( 450509 )
  • Comparative Law ( 480302 )
  • Aboriginal And Torres Strait Islander Peoples ( 450500 )
  • Public Law ( 480700 )
  • International And Comparative Law ( 480300 )
  • Aboriginal And Torres Strait Islander Peoples And The Law ( 450518 )

Research interests
Administrative Law and Government Accountability
Native Title Law (including comparative)
Indigenous Law and Policy
Aspects of Constitutional Law

Professional memberships
Adjunct Professor - School of Law, Uni of Western Australia (2014-)
External Fellow - Centre for Public, International and Comparative Law, Uni of Queensland (2017-)
Admitted Solicitor of the Supreme Court of Queensland (1994-)

Industry affiliations
Member of the Australian Institute of Administrative Law (2004-)
Member of The International Society of Public Law (2020-)

USQ Research affiliations

  • Institute for Resilient Regions (IRR)
  • Centre for Heritage and Culture (CHC)

Currently teaching courses/programs
LAW2221/5221 Administrative Law
LAW8709 Comparative Native Title Law & Policy
LAW8716 Government Accountability
LAW2213/5213 Property and Trusts A

Teaching experience(Tertiary)
25 Years

Research most recent
E Close, S Young, T Cockburn, L Willmott & B White, ‘Legal Challenges to ICU Triage Decisions in the Covid-19 Pandemic: How Effectively does the Law Regulate Bedside Rationing Decisions in Australia?’ (2021) 44(1) University of New South Wales Law Journal pp 9-59.

Simon Young, ‘Commentary on Yorta Yorta Aboriginal Community v Victoria’ (judgment re-written by Marcelle Burns) in Nicole Watson and Heather Douglas (eds), Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making (Routledge, 2021) pp 92-6.

S Young, 'The Blue Sky Effect: A Repatriation of Judicial Review or a Search for Flexibility? (2020) 27(3) Australian Journal of Administrative Law pp 165-179.


Research most notable
S Young, 'The Increments of Justice: Exploring the Outer Reach of Akiba's Edge Towards Native Title Ownership' (2019) 42(3) UNSW Law Journal pp 825-868 (shortlisted for Australian Legal Research Awards 2020).

S Young, J Nielsen and J Patrick (eds), Constitutional Recognition of First Peoples in Australia: Theories and Comparative Perspectives (The Federation Press, Leichhardt, NSW, 2016)

S Young, The Trouble with Tradition: Native Title and Cultural Change (Federation Press, Sydney, 2008) (A1)

WB Lane and S Young, Administrative Law in Australia (Thomson Lawbook Co, Sydney, 2007) (A1)

WB Lane and S Young, Administrative Law in Queensland (Thomson Lawbook Co, Sydney, 2001)

B Horrigan and S Young (eds), Commercial Implications of Native Title (The Federation Press, Leichhardt, 1997)


Publications in ePrints

Young, Simon ORCID: https://orcid.org/0000-0002-8835-7164 (2021) Commentary: members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422. In: Indigenous legal judgments: bringing Indigenous voices into judicial decision making. Taylor & Francis (Routledge), Abingdon, Oxon, United Kingdom, pp. 92-96. ISBN 978-1-032-00481-5

Close, Eliana and White, Ben and Willmott, Lindy and Young, SimonORCID: https://orcid.org/0000-0002-8835-7164 and 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.

Close, Eliana and Young, SimonORCID: https://orcid.org/0000-0002-8835-7164 and Cockburn, Tina and 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. ISSN 0313-0096

Close, Eliana and Willmott, Lindy and Cockburn, Tina and Young, SimonORCID: https://orcid.org/0000-0002-8835-7164 and 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). 71-74.e1. ISSN 0025-729X

Young, Simon ORCID: https://orcid.org/0000-0002-8835-7164 (2020) The 'Blue Sky effect': a repatriation of judicial review grounds or a search for flexibility? AIAL Forum, 2020 (98). pp. 54-69. ISSN 1322-9869

View full listing in ePrints

Research supervisor in the area of:

  • Comparative Law ( 180106 )
  • Aboriginal and Torres Strait Islander Law ( 180101 )
  • Administrative Law ( 180103 )
  • Administrative Law ( 480701 )
  • Aboriginal And Torres Strait Islander Customary Law ( 450509 )
  • Comparative Law ( 480302 )
  • Aboriginal And Torres Strait Islander Peoples ( 450500 )
  • Public Law ( 480700 )
  • International And Comparative Law ( 480300 )
  • Aboriginal And Torres Strait Islander Peoples And The Law ( 450518 )