Dr Judith Bannister

Dr Judith Bannister
 Position Associate Professor
 Org Unit Adelaide Law School
 Email judith.bannister@adelaide.edu.au
 Telephone +61 8 8313 4578
 Location Floor/Room 2 18 ,  Ligertwood Building ,   North Terrace
  • Biography/ Background

    Judith graduated from the Adelaide Law School and was admitted to practise as a solicitor in New South Wales in 1993. After admission, she was a solicitor, then a legal officer and consultant with the Australian Copyright Council in Sydney. Judith taught at the University of Western Sydney Nepean and Flinders University before joining Adelaide Law School in 2009 to teach Administrative Law, Intellectual Property and Media Law.

    Judith has combined qualifications in law and librarianship to develop her research in the field of regulation of information access: her work integrates freedom of information, copyright and confidential information. She has a PhD from the Australian National University in the field of information law.


    Judith is part of the Law School Executive Team, holding the position of Associate Dean Learning and Teaching



    And Deputy Director: Public Law & Policy and Research Unit at Adelaide Law School: http://www.adelaide.edu.au/public-law-policy/our-people/



    Judith was a 2014 - 2015 Visiting Fellow at the Institute of Advanced Legal Studies, School of Advanced Study, University of London



    Judith is a visiting academic at the Australian National University College of Law, teaching in the Military Law Masters program


  • Qualifications

    BA (SAIT), LLB (Hons)(Adel), PhD (ANU)

  • Teaching Interests

    Administrative Law

    Intellectual Property

    Media Law

  • Research Interests

    Administrative law

    Freedom of Information

    Information law 


    Privacy / confidential information



  • Publications

    For up to date publications see:





    Judith Bannister, Anna Olijnyk, and Stephen McDonald Government Accountability; Australian Administrative Law, (Cambridge University Press, 2nd ed, 2018).

    Judith Bannister and Anna Olijnyk, Government Accountability Sources and Materials Australian Administrative Law (Cambridge University Press,  2018).

    David Rolph, Matt Vitins, Judith Bannister and Daniel Joyce, Media Law; cases, materials and commentary (Oxford University Press, 2nd ed, 2015).

    Andrew Stewart, William van Caenegem, Judith Bannister, Adam Liberman and Charles Lawson, Intellectual Property in Australia (Lexis Nexis Butterworths, 6th ed, 2017).

    Judith Bannister, Gabrielle Appleby and Anna Olijnyk,  Government Accountability; Australian Administrative Law, (Cambridge University Press, 2015).

    Book chapters


    Judith Bannister, ‘Failure to Disclose: What are the Consequences when Open Government Founders?’ in Administrative Redress In and Out of the Courts; Essays in Honour of Robin Creyke and John McMillan (Greg Weeks and Matthew Groves, eds) Federation Press, 2019. (Chapter 8)

    Judith Bannister,  ‘Military Administrative Law’ in  Military Law in Australia (Robin Creyke, Dale Stephens and Peter Sutherland eds) Federation Press, 2019. (Chapter 9)

    Judith Bannister, 'Freedom of information in Australia and the role of the media' in Andras Koltay (ed), Comparative Perspectives on the Fundamental Freedom of Expression (Wolters Kluwer Budapest, 2015) (Chapter 13)

    Judith Bannister, Indigenous Cultural Heritage in Australia: the control of living heritages’ in Matthew Rimmer (ed), Indigenous Intellectual Property: A Handbook of Contemporary Research (Edward Elgar, 2015). (Chapter 18)

    Judith Bannister, 'Freedom of information: A new era with old tensions', in Matthew Groves (ed) Modern Administrative Law in Australia: Concepts and Context (Cambridge University Press, 2014). (Chapter 16)

    Judith Bannister, ‘Freedom of Information’ in David Clark, Principles of Australian public law (LexisNexis Butterworths, 2007). (Chapter

    Refereed journal articles  


    ‘South Australian Administrative Law: 40 Years On’ (2019) 40(1) Adelaide Law Review 311


    ‘Accountability or participation? Disentangling the rationales for FOI access to deliberative material’  (2015) 2 Revue Internationale des Gouvernements Ouverts (International Journal of Open Government) 327-344 http://ojs.imodev.org/index.php?journal=RIGO

    ‘Open Government: From Crown Copyright to the Creative Commons and Culture Change’ (2011) 34 University of New South Wales Law Journal 1080.

    “Before the High Court; The Paradox of Public Disclosure: Hogan v Australian Crime Commission” (2010) 32 Sydney Law Review 159

    ‘Public Access to Copyright Works Submitted to Government: Copyright Agency Ltd v New South Wales and the Implications for Information Access’ (2008) 36 Federal Law Review 383.     http://ssrn.com/author=1657487

    “A tale of two tax stories; Freedom of Information and the public interest in Australia and the United Kingdom” (2008) 4 (1) Open Government: A Journal on Freedom of Information www.opengovjournal.org

    ‘McKinnon v Secretary, Department of Treasury: The Sir Humphrey Clause - Review of conclusive Certificates in Freedom of Information Applications’ (2006) 30 Melbourne University Law Review 961

    “Crossing the public/private divide: rethinking the concept of ‘publication’ in an electronic environment” (2000) 18 Copyright Reporter 152

    Other publications - law reform submissions


    Peter Burdon, Alex Wawryk and Judith Bannister, ‘Submission to the Senate inquiry into the Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015’, September 2015,  Submission 35, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/EPBC_Standing_Bill/Submissions

    Anna Olijnyk and Judith Bannister, ‘Submission to the Independent Commissioner Against Corruption on the Review of Legislative Schemes’, 24/03/2015.

    Gabrielle Appleby, Judith Bannister, and Anna Olijnyk, ‘Senate Legal and Constitutional Affairs Legislation Committee review of Freedom of Information Amendment (New Arrangements) Bill 2014 (Cth)’  5 December 2014, Submission 10. http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/FIO_Amendment_Bill/Submissions

    Judith Bannister, Submission to: Australian Law Reform Commission, Copyright and the Digital Economy, Submission no 715, 2013. http://www.alrc.gov.au/inquiries/copyright-and-digital-economy/submissions-received-alrc

    Gabrielle Appleby, Judith Bannister, and Anna Olijnyk, ‘South Australian Independent Commissioner Against Corruption's review of the Whistleblowers Protection Act 1993 (SA), 5 December 2013.

    Gabrielle Appleby and Judith Bannister Invited to appear before and give evidence to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Public Interest Disclosure Bill 2013, 24 May 2013, Hansard, 24 May 2013 pp 15 – 20.

    Gabrielle Appleby, Judith Bannister, and Anna Olijnyk, ‘Senate Legal and Constitutional Affairs Committee review of Public Interest Disclosure Bill 2013 (Cth)’ Submission No 9, 26 April 2013 http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/publicinterestdisclosure/submissions

    Judith Bannister, Submission to Copyright Law Branch Attorney-General's Department, Fair Use and Other Copyright Exceptions, 2005.

    Judith Bannister, Submission to Copyright Law Review Committee  Crown Copyright, 2004, Submission 58.

  • Professional Associations


    Australian Institute of Administrative Law (AIAL)

    Australasian Law Teachers Association (ALTA)

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Entry last updated: Friday, 12 Jul 2019

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