The ACT Law Reform Advisory Council (LRAC) has set out to answer how Canberra could become a restorative city.
Professor Tony Foley
Professor
BA; LLM (Hons); Master Dispute Res.(Distinction); PhD ANU. Practising Certificate ACT, Senior Fellow Higher Education Authority. Leader of the Transition to Practice Research Group
ANU College of Law, Bld 6, Fellows Rd, Acton ACT 2600
ANU College of Law, 5 Fellows Rd, Acton ACT 2600
Research Themes
Research Centre
Research interests
Biography
Professor Tony Foley is a leading scholar in the areas of institutional responses to criminal wrongdoing and restorative justice. He also conducts empirical research on the legal profession and lawyer well being as leader of the Transition to Practice Research Group (with Vivien Holmes, Margie Rowe and Stephen Tang) and on legal education. He has published widely in those fields and regularly presents his research at national and international conferences having presented more than 100 papers.
In 2016, Tony presented at the European Forum for Restorative Justice Conference in Leiden on role of restorative ideas in creating institutional cultural change and on an restorative justice jurisprudence database he has created. He has presented on his research group's work on the ethics of legal practice at many national and international conferences, most recently at the 2018 International Legal Ethics Conference.
He has been a member of expert panels advising government. In 2012, he was an invited panel member on the HC Coombs Policy Forum advising the Commonwealth Attorney-General’s Department on legal assistance mechanisms and ADR policy development. As an expert in restorative justice, he has been a member of various ACT Government panels including Sentencing Reforms Panel and the Evaluation Group of ACT Drug Programs.
Tony has been a visiting scholar at Dalhousie Law School in Canada and the ANU Regulatory Institutions Network. He sits as a Senior Member of the ACT Civil and Administrative Tribunal. He was the final Chair of the ACT Law Reform Advisory Council, the territory's peak law reform body, which ceased in 2019.
Appointments
Current
- Professor, ANU College of Law
- Senior Member, ACT Civil and Administrative Tribunal
Past
- Chair, ACT Law Reform Advisory Council (2016-18)
- Director of Clinical Programs (2011-17)
- ACT Legal Aid, Duty Solicitor (2005-15)
- Associate Director Research ANU (2009-10)
- Law Society of the Australian Capital Territory, Member Complaints Committee (2007-12)
- Associate Director, ANU Legal Workshop (2004–06)
- Australian Capital Territory Government’s Victims Assistance Board Member (2002-06)
Awards
| Year | Title |
|---|---|
| 2015 | Office for Learning and Teaching (OLT) Australian Awards for University Teaching, Citation for Outstanding Contributions to Student Learning |
| 2014 | ANU Vice-Chancellor's Citation for Outstanding Contributions to Student Learning |
Significant research publications
- Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation (2019) 22(2) Contemporary Justice Review
- Canberra – becoming a restorative city (2018) ACT Law Reform Advisory Council
- Developing Restorative Justice Jurisprudence: Rethinking Responses to Criminal Wrongdoing (Ashgate 2014)
- Rowe, M, T Foley, S Tang, V Holmes, C James Being Well in the Law: A guide for lawyers (NSW Law Society 2016)
- Institutional responses to child sexual abuse: How a moral conversation with its lawyers might contribute to cultural culture in a faith based institution (2015) Legal Ethics 18(2), 1-18
- Tang, S & T Foley, The Practice of Law and the Intolerance of Certainty (2014) UNSW Law Journal 37(3) 1198-1225
- Holmes V, T Foley, S Tang, M Rowe, ‘Practising Professionalism: Observations from an Empirical Study of New Australian Lawyers’ Legal Ethics (2012) 15(1), 29-55
View more publications on the ANU Researchers website
Read selected publications in the ANU Digital Collection
Recent news
24
Sep
2015
Three ANU academics have been named among Australia's best teachers, winning prestigious Office for Learning and Teaching (OLT) Citations for Outstanding Contributions to Student Learning.
22
Sep
2015
The transition from law student to newly-admitted lawyer is a critical time, not only for the mental health and wellbeing of these lawyers but for the future of the profession.
25
Jul
2014
A unique approach that encourages students to consider how the law works in the real world has seen Associate Professor Tony Foley awarded the VC’s citation for outstanding contributions to student learning.
In the Media
Please note, only a small selection of recent publications and activities are listed below.
View more publications on the ANU Researchers website
Read selected publications in the ANU Digital Collection
Research biography
Professor Tony Foley is a leading scholar in the areas of institutional responses to criminal wrongdoing, restorative justice and legal education and the legal profession. He has published widely in those fields and regularly presents his research at international conferences.
In 2014, Tony presented on restorative justice and institutional change at the European Forum for Restorative Justice Conference in Belfast and the Law and Society Association Conference in Minneapolis. His research on the ethics of legal practice (with Vivien Holmes, Margie Rowe and Stephen Tang) has been presented at many national and international conferences, including the 2013 Law on the Edge Conference in Vancouver (with Stephen Tang).
He has been a member of expert panels advising government. In 2012, he was an invited panel member on the HC Coombs Policy Forum advising the Commonwealth Attorney-General’s Department on legal assistance mechanisms and ADR policy development. As an expert in restorative justice, in 2011-12, he was also a member of the Evaluation Group of ACT Drug Programs.
Tony has been a visiting scholar at Dalhousie Law School in Canada and the ANU Regulatory Institutions Network and also sits as a Senior Member of the ACT Civil and Administrative Tribunal.
Research projects & collaborations
Project leader:
Transition to Professional Practice Project
Transition to Professional Practice Project
This project examines the experiences of new lawyers in their first year of practice, specifically how they make the transition from student to lawyer and develop their professional identity.
Consultancies
Decisions made sitting as Senior Member of ACT Civil and Administrative Tribunal
BONNER SHOPS PTY LTD v COMMISSIONER FOR ACT REVENUE 2013 (Rates and land tax) http://acat.act.gov.au/decisions/bonner-shops-pty-ltd-
MARY ANN CATBAGAN v COMMISSIONER FOR ACT REVENUE 2014 (Stamp duty) http://acat.act.gov.au/decisions/catbagan-v-commissioner-for-act
CITY HILL PTY LTD & THE ACT PLANNING AND LAND AUTHORITY 2012 (Crown lease variation) http://acat.act.gov.au/decisions/city-hill-pty-ltd-
CO-ORDINATED CONSTRUCTIONS PTY LTD & ACT CONSTRUCTIONS OCCUPATIONS REGISTRAR & ANOR 2012 (Occupation discipline; non-presiding) http://acat.act.gov.au/decisions/co-ordinated-constructions-pty-ltd-
FRIENDS OF HAWKER VILLAGE INCORPORATED & ACT PLANNING AND LAND AUTHORITY & ORS 2016 (Planning and Environment) http://acat.act.gov.au/decisions/friends-of-hawker-village-incorporated
GARDNER & WATSON v ACT HERITAGE COUNCIL & ANDERSON & HENAVINE PTY LTD 2014 (Heritage; non-presiding) http://acat.act.gov.au/decisions/gardner-anor-v-act
FELICITY HAMMOND & COMMISSIONER FOR ACT REVENUE 2015 (Stamp duty) http://acat.act.gov.au/decisions/hammond-v-commissioner-for-act
JANINE HASKINS AND ACT DIRECTOR OF PUBLIC PROSECUTIONS 2016 (FOI application) http://acat.act.gov.au/decisions/haskins-v-act-director-of
ISPT PTY LTD & COMMISSIONER FOR ACT REVENUE 2012 (Stamp duty; non-presiding; confirmed on appeal) http://acat.act.gov.au/decisions/ispt-pty-ltd-commissioner2
OLD NARRABUNDAH COMMUNITY COUNCIL INC & THE ACT PLANNING AND LAND AUTHORITY, COMMISSIONER FOR SOCIAL HOUSING AND PHILIP LEESON ARCHITECTS PTY LTD 2016 (Planning and Environment) http://acat.act.gov.au/decisions/old-narrabundah-community-council-inc
KEITH THOMAS v ACT PLANNING AND LAND AUTHORITY & ANOR 2014 (Planning and Environment) http://acat.act.gov.au/decisions/thomas-v-act-planning-and
THE COUNCIL OF THE ACT LAW SOCIETY & THE LEGAL PRACTITIONER ‘B3’ 2016 (Occupation discipline)
Books & edited collections
- Developing Restorative Justice Jurisprudence: Rethinking Responses to Criminal Wrongdoing (Ashgate 2014)
- Being Well in the Law: A guide for lawyers (NSW Law Society 2016) (with M Rowe, S Tang, V Holmes, M Rowe & C James)
Book chapters
(with V Holmes, S Tang, M Rowe) Australian Legal Practice: Ethical Climate and Ethical Climate Change’ in Levy et al, New Directions for Law in Australia: Essays in Contemporary Law Reform (ANU E Press, 2017)
(with S Tang) On being, not just thinking like, a lawyer: Connections between uncertainty, ignorance and wellbeing in J Duffy, R Field & C James (eds) Promoting Law Student and Lawyer Well-Being in Australia and Beyond (Routledge, 2016)
'New lawyers – starting right' in M Rowe & T Foley (eds) Being Well in the Law: A guide for lawyers (NSW Law Society 2016)
Refereed journal articles
-
‘Changing Institutional Culture in the Wake of Clerical Abuse: The essentials of restorative and legal regulation’ Contemporary Justice Review [accepted, under revision Nov 2018]
-
(with V Holmes and S Tang) ‘Ethical Misconduct by New Australian Lawyers: Prevalence and Prevention’ International Journal of the Legal Profession (submitted Aug 2018)
-
Institutional responses to child sexual abuse: How a moral conversation with its lawyers might contribute to cultural culture in a faith based institution (2015) Legal Ethics 18(2), 1-18
- Tang, S & T Foley, The Practice of Law and the Intolerance of Certainty (2014) UNSW Law Journal 37(3) 1198-1225
- Holmes V, T Foley, S Tang, M Rowe, ‘Practising Professionalism: Observations from an Empirical Study of New Australian Lawyers’ Legal Ethics (2012) 15(1), 29-55
Conference papers & presentations
2018
Foley, T. (with V Holmes and S Tang) Weather Ahead: The influence of ethical climate on newly admitted lawyers, paper to be presented at the 8th International Legal Ethics Conference, Melbourne 6-8 December 2018.
Foley, T. ‘Research on the Ethics of Australian New Lawyers’, keynote presentation to the Victorian Legal Services Board + Commissioner’s Supervision Summit Melbourne, 27 July 2018
Foley, T. (with F Tito Wheatland & M Ivec) ‘Legislating for a restorative city - potential and pitfalls, an example from Canberra, Australia’, paper presented at the International Restorative Justice Conference, Burlington, 28-30 June 2018
Foley, T. (with F Tito Wheatland & M Ivec) ‘Canberra’s Journey towards a restorative city’, paper presented at the Newcastle as a restorative city symposium, Newcastle, 14-15 June 2018
Foley, T. (with V Holmes and S Tang) ‘Ethical misconduct by young lawyers: prevalence and prevention’, paper presented at the Regulating lawyers through disciplinary systems Workshop, Onati International Institute for the Sociology of Law, Spain, 26-27 April 2018.
Foley, T. ‘Clinic in PLT: Struggles in maintaining the justice focus’, paper presented at the Australian Clinical Legal Education Symposium, Sydney, 5-8 April 2018
Foley, T. (with V Holmes and S Tang) ‘Wellbeing, Professional Identity and the Legal Workplace: Supporting Newly-Admitted Lawyers in the Transition to Practice’ paper presented at the Wellness for Law Forum, Sydney, 4-5 February 2018
2017
Foley, T. ‘Responsive Judging in Sentencing Indigenous Offenders’ paper presented at the LSA Conference, Mexico City, 20-23 June 2017.
2016
Foley, T. (with Michael Lalor) Exposing law students to Indigenous issues in a legal clinic, paper presented at the National Indigenous Legal Conference, Canberra 5-6 September 2016
Foley, T. Lawyers, Responsibility to Others, and Moral Conversations, paper presented at the 7th International Legal Ethics Conference, New York 14-16 July 2016
Foley, T. Exposure of Young Lawyers to Professional Malpractice: Snapshot of Reported Complaints in a Single Jurisdiction, paper presented at the 7th International Legal Ethics Conference, New York 14-16 July 2016
Foley, T. (with & presented by Genevieve Bolton & Claire Carroll), Building a bespoke clinic, paper presented at the International Clinical Legal Education (IJCLE) and the Association for Canadian Clinical Legal Education (ACCLE) joint conference, The Risks and Rewards of Clinical Legal Education Programs, Toronto, 10-12 July 2016
Foley, T. The role of restorative ideas in creating institutional cultural change, paper presented at the European Forum for Restorative Justice Conference, Leiden, 22-24 June 2016
Foley, T. Developing a restorative justice jurisprudence database, paper presented at the European Forum for Restorative Justice Conference, Leiden, 22-24 June 2016
Convenor Legal Practice streams, National Law Reform Conference, Canberra, 14-15 April 2016
Foley, T. ‘Wellbeing, Professional Identity and the Legal Workplace: Supporting Newly-Admitted Lawyers in the Transition to Practice’ paper presented at the Wellness for Law Forum, Sydney, 4-5 February 2016
Commissioned reports
(with F Tito Wheatland, S Rice) 2016 ACT Law Reform Advisory Council Report into the Guardianship and Management of Property Act 1991
(with F Tito Wheatland, and Council members) ACT Law Reform Advisory Council Report Canberra- becoming a restorative city (84pp) October 2018
Case notes & book reviews
'The Right to a court interpreter is a human right?' (2015) 27(2) LegalDate 2
‘Justice Reinvestment: What is it? Has it been tried in Australia?’ (2015) 27(2) LegalDate 14
Canberra Times, ‘Legal fairness demands protection of the right to interpreters’, April 2015
Research interests
PhD supervision
I am willing to supervise in the above areas.
I am currently supervising:
-
Helen McGowan, ANU College of Law, – Supervisor
Does remoteness affect the way lawyers identify and respond to conflicting interests?
-
Maria de Fatima Vieira, ANU College of Law – Panel
Restorative justice and civil litigation - Can the principles and processes of restorative justice (RJ) be applied to torts and civil litigation arising out of claims in negligence or personal injury? Are shame and blameworthiness necessary components of any RJ conference? Can they be identified in a party that is a corporate entity?
-
Marianne Dickie, Doctor of Professional Studies, USQ – Panel
Online Community of Practice designed on Erauts' principles of a 'Supportive Workplace': a role in the formation of professional identity, perceived competence, confidence and connectedness in graduate migration agents working in sole practice?
LLM Masters thesis supervision
I am willing to supervise in the above areas.
I have previously supervised:
-
Stephen Tang, Lawyers transitioning to practice, On Being an Uncertain and Ignorant Lawyer: Embracing the unknown and unknowable in the practice of law (LLM Thesis 2011) –awarded with High Distinction
Honours thesis supervision
I am willing to supervise in the above areas.
I am currently supervising:
- Samantha O'Donnell, on Restorative Justice and Domestic Violence: Considering Phase 3 of the Crimes (Restorative Justice) Act 2004 (Restorative Justice Act).
I have previously supervised:
-
Alexandra Rose, Circle sentencing and the need to look beyond recidivism for indicators of success – (Honours Thesis 2015) – awarded with Distinction
-
Cassandra Bennett, The feasibility of using Family Group Conferencing in family protection cased in the NT – (Honours Thesis 2015) – awarded with High Distinction
-
Sarah Xin Yi Chua, Restorative Justice and juvenile indigenous offenders (Honours Thesis 2014) – awarded with High Distinction
-
Rebecca Petterson, An international comparison of Australia and China as the contractually designated place for private international arbitration of commercial disputes (Honours Thesis 2013) – awarded with High Distinction
-
Cathryn Stephens, A word of caution: Police cautioning as juvenile diversion and the need for regulation in the ACT (Honours Thesis 2011) – awarded with High Distinction
-
Chen Xu, ‘Which suits are suitable? An analysis of the use of mediation by the ACT Administrative Appeals Tribunal to resolve planning and environmental disputes’ (Honours Thesis 2008) – awarded with Distinction
Internship supervision
I am willing to supervise in the above areas.
I am currently supervising:
-
Kendall Wegener, on a project examing the ACT Law Reform Advisory Council's model of law reform, 2016
I have previously supervised:
-
Erica Weatherly, Circle courts and the potential for expansion into care and protection in the ACT – awarded with Distinction, 2016
-
Elizabeth Beard, The less visible crisis: an analysis of the rising incarceration rates of Australian Indigenous women – awarded with Distinction, 2016
-
Summer Scholars
Amy Dixon, ‘The extent to which court interpreters affect the outcomes of legal hearings', Summer Research Scholar. 2012-2013.
Sonia Ng, ‘The Applicability of Restorative Justice in Serious Criminal Offending – Should the State draw a line?, Summer Research Scholar. 2010-2011.
Previous courses
| Year | Course code | Course name |
|---|---|---|
| 2017 |
LAWS4281 Class #4096 |
Environmental Law Clinical Program |
| 2016 |
LAWS4278 Class #9126 |
Indigenous Community Legal Clinic |
| 2016 |
LAWS4281 Class #9627 |
Environmental Law Clinical Program |
| 2016 |
LAWS4278 Class #4137 |
Indigenous Community Legal Clinic |
| 2016 |
LAWS4281 Class #4615 |
Environmental Law Clinical Program |
Teaching awards
| Year | Title |
|---|---|
| 2015 | Office for Learning and Teaching (OLT) Australian Awards for University Teaching, Citation for Outstanding Contributions to Student Learning |
| 2014 | ANU Vice-Chancellor's Citation for Outstanding Contributions to Student Learning |
Past courses
LLB/JD
2012-2015 LAWS4267 Clinical Youth Law Program
2014 LAWS2268 Community Law Clinical Program
2015 LAWS4278 Indigenous Community Law Clinic
2015 LAWS4281 Environmental Law Clinical Program
GDLP
LEGW8141 Becoming a Practitioner
LEGW8142 Professional Practice Core – Ethics and Giving Voice to Values modules
How my works connects with public policy
Chair ACT Law Reform Advisory Council
Chair, ACT Law Reform Advisory Council – consulted by and advising ACT Government on amendments to the Discrimination Act 1991 (based on the Council’s 2015 Discrimination Act Report); drafted recommendations and finalised the Council’s Guardianship Act Report (180 pp) submitted to government in July 2016. Currently investigating a reference on the feasibility of Canberra as a Restorative City.
Contracts and Grants
ACT Department of Justice and Community Safety - Collaborative agreement for the provision of research and secretariat support to the ACT Law Reform Advisory Council, 2014-17, $153,531.
Commissioned policy reports
(with F Tito-Wheatland, S Rice) 2016 ACT Law Reform Advisory Council Report into the Guardianship and Management of Property Act 1991
