Researcher

My Expertise

criminal law reform and the use of criminalisation as a public policy tool
criminal law and intoxication/alcohol and drug effects
public order and the regulation of behaviour in public spaces

racism and racial vilification/hate speech laws

Fields of Research (FoR)

Criminal law, Legal institutions (incl. courts and justice systems), Law in context

Biography

Luke McNamara is a Professor in the Faculty of Law and Justice at the University of New South Wales, and a member of the Centre for Criminology, Law and Justice.  He is a socio-legal researcher who examines why laws change and with what effects, with a focus on the deployment of criminalisation as a public policy tool. Past projects have examined hate speech laws, and public order laws and policing - including impacts on people experiencing...view more

Luke McNamara is a Professor in the Faculty of Law and Justice at the University of New South Wales, and a member of the Centre for Criminology, Law and Justice.  He is a socio-legal researcher who examines why laws change and with what effects, with a focus on the deployment of criminalisation as a public policy tool. Past projects have examined hate speech laws, and public order laws and policing - including impacts on people experiencing homelessness, and peaceful assembly and protest. Current projects include Australian Research Council funded collaborative studies of the impact of statutory reform on sexual offence trials; and the history of criminal law-making directed at safety from violence. He is the author of the books Regulating Racism: Racial Vilification Laws in Australia (2002), and Human Rights Controversies: The Impact of Legal Form (2007); and a co-author of Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (8th ed, 2025), and Reforming Rape Trials: The Impact of Law Reform On Criminal Laws in Australia (forthcoming from Oxford University Press). His work has been published in Australian and international journals, including Criminology & Criminal JusticeInternational Journal for Crime, Justice & Social Democracy, New Criminal Law ReviewUNSW Law Journal, Law and Society Review, Australian Journal of Human Rights, International Journal of Law, Crime and JusticeCriminal Law Journal and Current Issues in Criminal Justice. He has partnered with community legal centres and the Aboriginal Legal Service NSW/ACT to co-author reports on Children and COVID-19 Fines in NSWImpacts and Lessons for the Future Use of Penalty Notices (2024), COVID-19 Criminalisation in NSW: A ‘Law and Order’ Response to a Public Health Crisis? (2022) and Replacing the Youth Justice System for Children Aged 10-13 Years in NSW: A ‘Best Interests’ Response (2021).


My Grants

 

  • 2022-2024 Australian Institute of Criminology Indigenous Justice Research Program Grant: “Sentencing to create just outcomes: impact of trauma and strength of culture: Evaluating the impact of the Bugmy Bar Book Resources – the first 3 years” (with Professor Jill Hunter (UNSW). Amount awarded: $77,505
  • 2021-2025 Australian Research Council Discovery Project (DP210101072) Grant: “Violence, Risk and Safety: The Changing Face of Australian Criminal Laws” (with Professor Julia Quilter (UOW), Professor Arlie Loughnan (U Syd), Professor Russell Hogg (QUT), Emeritus Professor David Brown (UNSW) and Professor Lindsay Farmer (Glasgow). Amount awarded: $327,330
  • 2020-2025 Australian Research Council Discovery Project (DP 200100101) Grant: “Intoxication Evidence in Rape Trials: A Double-Edged Sword?” (with Professor Julia Quilter (UOW). Amount awarded: $239,322.
  • 2017-2020 Australian Research Council Linkage Project (LP160101543) Grant: “Criminalisation of poverty and homelessness in Australia: A national study” (with Professor Tamara Walsh (UQ), Professor Julia Quilter (UOW) and Professor Thalia Anthony (UTS). Amount awarded: $156,000
  • 2015 Australian Institute of Criminology - Criminology Research Grant: “Knowledges of ‘Intoxication’ and Australian Criminal Law: Implications for addressing Alcohol and Other Drug-Related Harms and Risks” (with Associate Professor Julia Quilter (UOW), Dr Kate Seear (Monash U) and Professor Robin Room (Centre for Alcohol Policy Research, La Trobe University). Amount awarded: $69,000.
  • 2010-2012 Australian Research Council Discovery Project (DP1096721) Grant: “The Impact of Hate Speech Laws on Public Discourse in Australia” (with Professor Kath Gelber, UQ). Amount awarded: $192,000.

My Qualifications

PhD (University of Wollongong)

LLM (University of Manitoba)

BA, LLB (UNSW)


My Awards

2014 Australian Political Studies Association Mayer Journal Article Prize for K Gelber and L McNamara, ‘Freedom of Speech and Racial Vilification in Australia: “The Bolt Case” in Public Discourse’ (2013) 48(4) Australian Journal of Political Science 470-484.

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Location

Contact

+61-2-90652104

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