Features PROFILE

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FIGHTING FOR OUR

The new Dean of Law at UNSW, Professor George Williams, AO, has big plans for the university. He wants it to have a greater presence overseas. At home, he wants to fight to protect ’s democracy. He talks to JULIE MCCROSSIN of his concerns about the gay marriage plebiscite, ASIO’s powers to strip people of citizenship, and the Indigenous referendum.

PHOTOGRAPHY: JASON McCORMACK

eorge Williams As I talk to Williams about his new of ideas and those relationships.” lives a stone’s job as Dean of the Faculty of Law, UNSW Law School’s China throw from the I ask him what he would like as his International Business and Economic University of legacy. He has been in the job less Law initiative is part of this work. NSW. When I than six weeks, yet his plans are crystal “We’ve just appointed five Chinese arrive at his house, clear. UNSW Law School is ranked academics as part of our global focus. I am struck by its 13th in the world, thanks to the work We’ve got the biggest concentration appearance. I’ve never seen a home with of his predecessor, Professor David of academic strength in Chinese Gchildren that’s so clean. Williams and his Dixon. Williams wants to build on international trade law of anywhere in wife, Emma, a UNSW academic in the his successes in three ways. He wants the world outside China. field of corporate law, have two children, to build on the school’s already strong “These academics are now with us. Edward, 10, and Ellie, 6. The couple international relationships. They are based here. They are part of met in 1987 while studying first-year “I want us to be a truly global law our goal to be a major player in the law at and have school, reflecting the nature of the legal Chinese, Hong Kong, South-east been together ever since. profession, where firms are integrating The house is dotted with tiny chairs internationally. That means not only Asian region.” and toys, and there is evidence of building strong relationships with the A recent major curriculum review Williams’ passion for science fiction profession here, but also in Shanghai, is part of the plan to have a “global and fantasy. He is a regular reviewer of New York, London, Jakarta and other orientation” in everything the faculty the genres for The Weekend Australian places,” he says with characteristic does. “We’ve now got a mandatory and ABC Radio National. It is his enthusiasm and energy. subject, ‘Law in Global Context’. escape from an intense work schedule “At the end of my period, I want Every student has to study the rules that often addresses the darker side of to see us as a law faculty that really is internationally of both private and human behaviour. operating on the world stage in terms public law,” Williams explains.

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“Constitutional law constitutional law. He is concerned with is the rule book the exercise of power and believes in the transformative power of education. His of the nation. It late father, John Williams, an economic is the laws that historian and active unionist, continues to determine who influence his thinking in both these areas. illiams’ second During our conversation, Williams shows priority is law and technology. He says can exercise me a photo of his father and speaks of him Wthe university has long been regarded as a power and who with warm affection and laughter. leader in social justice and public law, but controls the “My father was someone who deeply he would like to do more in areas such questioned authority and was always of the as private and corporate commercial law, lives of others. It view that the workers should destabilise,” particularly in relation to technology. is the rules that he says. “Strikes for him were the bread “We’ve already got academics involved structure how the and butter of the workplace. It was a very in big data projects. How does the law of nation is governed different era in the ’70s and ’80s. He went privacy relate to the aggregation of massive from workplace to workplace, in part data across corporate interests?” he asks. and how the because he was such a troublemaker. “We’ve got academics involved in cyber different tiers deal “He was at UNSW for a few years and security issues. We’re already doing well in with each other. then essentially didn’t have his contract this space, but I’d like to see us regarded renewed. He always had an abiding love as the go-to place for law and technology It is how citizens for education. He came from a family in issues on the world stage.” interact with Queenstown, a mining town in . His third priority reflects his own legal power. It is the law He was the first person in his family to go background and approach to public life. to university. He never left the militancy of Williams left Blake Dawson Waldron (now that governs the his mining background.” Ashurst) to become an academic at the exercise of politics Father and son shared an interest Australian National University in 1995, but and power.” in power in public life, although they he has continued to practise law. expressed this in very different ways. PROF GEORGE WILLIAMS “I’ve always been at the Bar. I do a lot “Constitutional law is the rule book of of High Court work and a lot of advice the nation,” he says. “It is the laws that work,” he says. “My academic work determine who can exercise power and who has always been orientated towards the controls the lives of others. It is the rules profession and practice. In particular, that structure how the nation is governed how can we have an impact? How can and how the different tiers deal with each we change the world, whether it be the other. It is how citizens interact with power. Indigenous referendum or the counter- It is the law that governs the exercise of terrorism laws? I want to see this become a politics and power.” systematic, core part of our business.” Williams believes this “rule book of He says when a UNSW academic the nation” is under great stress. He cites publishes in a leading journal, he doesn’t the proposal for a plebiscite on same-sex want it to end there. “The next question marriage and the changes to the counter- is, ‘What do I do next? Do I submit to terrorism and citizenship laws as examples. an inquiry? How do I translate what I am “The success of our democracy depends doing to the profession, government, non- on political leaders sharing a set of values to government organisations and policy to make it work. Much of the system depends make a real change in the world?’” upon conventions and understandings. Williams works mostly with These understandings are not written down.

40 LSJ I ISSUE 26 I SEPTEMBER 2016 ISSUE 26 I SEPTEMBER 2016 I LSJ 41 These values are often under strain, but never quite so much as we’re seeing with [US Republican presidential candidate] Donald Trump. His direct, personal attack, for example, on a judge deciding a matter about him and questioning his ethnicity and independence – that sort of attack threatens some of these bedrock principles.” Williams believes Australia is not immune to a similar challenge to such principles. “I did a survey recently, as did the Chief Justice of NSW, looking at all laws that have been passed in response to counter-terrorism and other areas that infringe upon basic rights. I came up with 350 across the country. Citizenship is one example where government decisions, without courts being involved, can strip someone of citizenship and deport them. We’ve also got a number of offences where ASIO can engage in UNSW Dean of Law and Star Wars fanatic Professor George Williams. special intelligence operations that can be authorised to essentially breach the law.” tax. She is still active in writing and weeks after graduation. “I was lucky. I Williams is also deeply concerned teaching at Macquarie University.” got to work on the Mabo case and the about the proposed plebiscite on Born in Tasmania, 47-year-old free speech cases in 1992. It was the same-sex marriage. “It runs against the Williams moved to the mainland as a most interesting and active year of the principle that we elect our representatives young child. He went to many public High Court in its history.” to make decisions – hard decisions – schools, completing his education at He cites Justice McHugh as a key including the definition of marriage and St Ives High School on Sydney’s Upper mentor, along with his Macquarie family law. This is a worrying precedent North Shore. University lecturer Professor Tony for our democracy. It means that if we “I was inspired to have an interest in Blackshield, with whom he has want to make important social or other constitutional law by the Tasmanian published several highly influential texts. reforms, there’s going to be increasing Dam case in 1983. I studied it when I “Tony was an inspirational teacher – pressure to say, ‘You did a plebiscite was in high school. I was fascinated how beloved and eccentric,” he says. “I began for same-sex marriage, you need to do it again’. We may create a set of the law and the constitution could affect to understand the power and importance expectations of doing things differently this important environmental issue. of constitutional law and how it could that I think would be a detriment to our What did the High Court have to do shape the big debates in the nation.” system of government.” with it? That’s what fascinated me,” he Williams has a strong media profile The family passion for the law extends remembers with evident passion. and has also written or co-edited 34 to Williams’ mother, Shirley Murphy. He decided to be a barrister. After books. As Dean of the UNSW law As a mature student, and while raising university, he was thrilled to become an faculty, he will promote an active role Williams and his four sisters, she studied associate to Justice Michael McHugh. for the law – while also introducing his law at the University of Queensland. He remembers walking through the children to the joys of Star Wars and “Mum is one of the leading people in doors of the High Court only two science fiction.

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