Emeritus Professor John McMillan
Areas of expertise
- Legal Institutions (Incl. Courts And Justice Systems) 180120
- Legal Theory, Jurisprudence And Legal Interpretation 180122
- Human Rights Law 180114
- Civil Law And Procedure 180104
- Taxation Law 180125
- History And Philosophy Of Education 220202
- Administrative Law 180103
- Law And Society 180119
- International Law (Excl. International Trade Law) 180116
Biography
John McMillan was a teaching member of the Law Faculty staff from 1983-2002. He was appointed to the Alumni Chair in Administrative Law in 2000.
He taught in the fields of administrative law and constitutional law. Prior to that, John was an Associate to a High Court Justice, a solicitor in private practice, a Principal Investigation Officer with the Commonwealth Ombudsman, was self-employed in public interest advocacy, and taught law at the University of New South Wales and the Australian Graduate School of Management. He has been a consultant to a number of government and parliamentary enquiries on aspects of public law, and was formerly a Consultant to the Government Services Group of national law firm, Clayton Utz.
John was appointed as Commonwealth Ombudsman in 2003. He was subsequently appointed as Australian Information Commissioner (2010-15), Acting NSW Ombudsman (2015-17). He was also the Acting Integrity Commissioner for the Australian Commission for Law Enforcement Integrity (2007-8).
John's association with the ANU College of Law continues as an Emeritus Professor.
Publications
- Creyke, R, Groves, M, McMillan, J et al. 2019, Control of Government Action: Text, Cases and Commentary, 5th edition, LexisNexis Butterworths, Australia.
- McMillan, J 2018, 'The ombudsman in Australia: Flourishing, expanding, diversifying, innovating', in Marc Hertogh and Richard Kirkham (ed.), Research Handbook on the Ombudsman, Edward Elgar Publishing, Massachusetts, USA, pp. 436-456.
- McMillan, J 2015, 'Administrative Law and Cultural Change', in Anthony J Connolly and Daniel Stewart (ed.), Public law in the age of statutes: essays in honour of Dennis Pearce, The Federation Press, Sydney, Australia, pp. 200-223pp.
- McMillan, J & Creyke, R, Smyth, M, 2015, Control of Government Action: Text, Cases and Commentary, LexisNexis, Australia.
- McMillan, J 2010, 'Re-Thinking the Separation of Powers', Federal Law Review, vol. 38, no. 3, pp. 423-443.
- McMillan, J 2008, 'Administrative Tribunals in Australia: Future directions', in Robin Creyke (ed.), Tribunals in the Common Law World, The Federation Press, Australia, pp. 227-240.
- Jones, J & McMillan, J, eds, 2003, Public Law Intersections, Australian National University, Canberra.
- Creyke, R & McMillan, J 2009, Control of Government Action: Text, Cases and Commentary, 2nd Edition, LexisNexis Butterworths, Australia.
- Creyke, R & McMillan, J 2008, 'Soft Law v Hard Law', in Linda Pearson, Carol Harlow and Michael Taggart (ed.), Administrative Law in a Changing State: Essays in Honour of Mark Aronson, Hart Publishing, Portland, USA, pp. 377-405.
- Creyke, R & McMillan, J 2005, Control of Government Action: Text, Cases and Commentary, LexisNexis Butterworths, Sydney.
- Creyke, R & McMillan, J 2004, 'Judicial review outcomes - An empirical study', Australian Journal of Administrative Law, vol. 11, pp. 82-100.
- Creyke, R & McMillan, J 2004, 'The Operation of Judicial Review in Australia', in Marc Hertogh and Simon Halliday (ed.), Judicial Review and Bureaucratic Impact: International and Interdisciplinary Perspectives, Cambridge University Press, United Kingdom, pp. 161-189.
- McMillan, J 2002, 'Administrative Law, Commerce and Human Rights', in Stephen Bottomley and David Kinley (ed.), Commercial Law and Human Rights, Dartmouth Publishing Company Ltd, Aldershot, UK, pp. 257-280.
- McMillan, J 2002, 'Twenty Years of Open Government: What have we learnt?', Law and Policy Paper Series, vol. 21, pp. 1-31.
- McMillan, J 2002, 'Judicial Restraint and Activism in Administrative Law', Federal Law Review, vol. 30, no. 2, pp. 335-371.
- Creyke, R & McMillan, J, eds, 2002, Administrative Law the essentials, Australian Institute of Administrative Law, Canberra, Australia.
- McMillan, J 2002, 'Immigration Law and the Courts', The Samuel Griffith Society Conference, ed. J Stone, Samuel Griffith Society, Lane Cove, NSW, pp. 167-184.
- McMillan, J 2002, Reconsideration of a decison after without prejudice negotiations, pp. 6-7.
- Creyke, R & McMillan, J 2002, 'Executive Perceptions of Administrative Law - An Empirical Study', Australian Journal of Administrative Law, vol. 9, no. 4, pp. 163-190.
- McMillan, J 2002, 'The Courts vs the People: Have the Judges Gone Too Far?', Judicial Conference of Australia, Conference Organising Committee, St Leonards NSW, pp. 49-76.
- McMillan, J 2002, Correcting an erroneous administrative decision, pp. 1-3pp.
- McMillan, J 2002, 'Controlling Immigration Litigation - A Legislative Challenge', People and Place, vol. 10, no. 2, p. 1629.
- McMillan, J 2002, 'Better Decision-Making: By What Standard?', Canberra Bulletin of Public Administration, vol. 105, no. September, pp. 43-46.
- McMillan, J 2002, 'The Justiciability of the Governments Tampa Actions', Public Law Review, vol. 13, no. 2, pp. 89-93.
- Creyke, R & McMillan, J, eds, 2002, Essentialism in a Changing World, Australian Institute of Administrative Law, Canberra.
- McMillan, J 2001, 'The Academic Contribution to Australian Administrative Law', Australian Journal of Administrative Law, vol. 8, pp. 256-263.
- McMillan, J 2001, 'Administrative law', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 8-11.
- McMillan, J 2001, 'Natural justice', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 498-500.
- McMillan, J 2001, 'The Role of Judicial Review in Australian Administrative Law', Australian Institute of Administrative Law Forum, vol. 30, p. 47.
- McMillan, J 2001, 'Teohs Case: some quandaries', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 666-667.
- McMillan, J 2001, 'Parliament and administrative law', in G. Lindell & R. Bennett (ed.), Parliament: The Vision in Hindsight, The Federation Press, Leichhardt, NSW, pp. 333-382.
- Creyke, R & McMillan, J, eds, 2000, Administrative Justice: The Core and the Fringe, Australian Institute of Administrative Law, Canberra.
- McMillan, J 2000, 'Parliament and Administrative Law (2000)', Research Papers, vol. 13, pp. 1-59.
- McMillan, J 2000, 'Administrative Justice: The Concept Emerges', in McMillan, R Creyke and J (ed.), Administrative Justice: The Core and the Fringe, Australian Institute of Administrative Law, Canberra, pp. 1-8.
- Creyke, R & McMillan, J 2000, 'Globalisation and Australian Administrative Law', in Chris Finn (ed.), Sunrise or Sunset: Administrative law in the new millennium, Australian Institute of Administrative Law, Canberra, ACT, pp. 341-350.
- McMillan, J & Western, J 2000, 'Measurement of the socio-economic status of Australian higher education students', Higher Education, vol. 39, no. 2, pp. 223-248.
- McMillan, J 1999, 'The Role of Administrative Review Bodies: A Commentary', Australian Journal of Public Administration, vol. 58, pp. 76-79.
- McMillan, J 1999, 'Federal Court v Minister for Immigration', Australian Institute of Administrative Law Forum, vol. 22, pp. 1-25.
