James Gaetani is using his PhD from ANU Law School to shape public policy and law reform.
Through his studies, James has pursued an interest in how matters of diversity - particularly cultural, linguistic, and religious diversity - can be reflected in law and governance arrangements.
He took this knowledge and passion into his professional career. James previously worked in the Department of the Prime Minister and Cabinet, supporting the former Council of Australian Governments, which he said allowed him to see how different governments interact in Australia. From there, he transitioned to the National Indigenous Australians Agency (NIAA) as a Senior, then Principal, Lawyer. “In these roles, I began advising on diversity in a different context - that is, advising on matters of Indigenous-State relations and how Australian law interacts with the rights, laws, traditions, and customs of Aboriginal and Torres Strait Islander peoples”, he explains.
These roles exposed James to matters of cross-cultural recognition. Through his work with communities across Australia, “I started thinking about how members of one legal system can come to understand other legal systems, and how interacting legal systems can form relationships,” he says.
How different legal systems co-exist and interact
In 2022, James was awarded a Sir Roland Wilson Scholarship, designed to support executive-level public servants in completing a PhD at the ANU on topics of national significance. He told us, “I chose the ANU Law School as it has some of Australia's leading minds on Indigenous-State relations and cross-cultural recognition, including my primary supervisor, Dean of the College of Law, Governance and Policy, Professor Anthony Connolly, and my associate supervisor Distinguished Professor Asmi Wood.”
Currently, there are more than 150 pieces of legislation in Australia that aim to give effect to Aboriginal and Torres Strait Islander laws and other rights within Australian legal systems. James explains that “this heavy reliance on legislation sets Australia apart from similar countries, such as Canada and New Zealand, where the recognition of Indigenous laws and other rights has also occurred under constitutional law, the common law, and through executive powers.”
Within this context, James is using his PhD to explore how statute law is used in Australia to recognise Indigenous laws. In particular, he is exploring the statutory recognition of traditional decision-making processes and how legislation can be used to create spaces for Aboriginal and Torres Strait Islander perspectives and voices to be heard within Australian legal systems.
Through his research, James has sought to advance understandings of how Australian legal systems can reflect the diverse communities they impact. “My thesis proposes how the drafting, interpretation, and administration of Australian legislation can be developed to better involve the people that it affects, with the aim of advancing Indigenous-State relations and reconciliation,” he says.
A global perspective
His PhD also examines overseas legal frameworks. James explained to us that, through his scholarship, he was provided with a travel grant to undertake research and build cross-institutional exchanges overseas. This has enabled him to present his research at the 2024 Public Law Conference at the University of Ottawa and the 2025 National Administrative Law Conference in Perth. He also conducted overseas fieldwork telling us “I undertook a residency at the University of British Columbia, allowing me to deeply research Canadian experiences in Indigenous-State relations and to discuss my ideas with some of the leading theorists in my field.”
Advice for PhD Students
For anyone considering a PhD at ANU Law School, James recommends you think about, and approach, potential supervisors as a critical first step in your journey. He says, “Throughout the PhD, you will work closely with your supervisors and you will need to be able to collaborate with them on both an academic and personal level. I was very fortunate to have supervisors who were deeply knowledgeable about the areas of law I was researching, and with whom I worked well. The camaraderie, alongside the academic rigour, ensured my thesis was all the better for their involvement.”
James returned to the NIAA in late 2025, where he’s now Special Counsel. Drawing on his PhD research, he leads teams of lawyers to advise on major public law reforms and government-decision making. “I routinely draw on the knowledge and skills I developed through my PhD to provide nuanced legal advice on complex problems in Indigenous-State relations,” he said.
His research is also having an impact globally, thanks in part to the relationships he built and the work he conducted overseas. James is presenting his research at the 2026 Public Law Conference at the University of Cape Town and the 2026 National Administrative Law Conference in Canberra.
Ready to take your research further? Learn more about the ANU Law School PhD program