Dr Donna McNamara
Senior Lecturer
School of Law and Justice
- Email:donna.mcnamara10@newcastle.edu.au
- Phone:02 40553341
Career Summary
Biography
Donna joined the University of Newcastle as a Lecturer in January 2020, having previously held the position of Assistant Professor in Law at Dublin City University. She holds a BCL in Law and Society (Dublin City University, 2013), a Masters in Health and Care Law (LLM) (University College Cork, 2014), and a PhD in Law (Dublin City University, 2018).
Donna specialises in international disability law and her research explores themes such as access to justice, legal capacity and non-discrimination. Her secondary research interests lie broadly in the areas of healthcare law and children’s rights, particularly the rights of children living in alternative forms of care. She has a keen interest in interdisciplinary research and has presented her work at a number of international conferences and seminars.
In 2016, Donna was appointed International Research Fellow at the Burton Blatt Institute, Syracuse University, New York. She previously served as a research and policy adviser to a number of human rights organisations in Ireland, including Empowering Children in Care, the National Platform of Self-Advocates and the Central Remedial Clinic.
Donna welcomes applications from prospective research students interested in the fields of human rights, health law and criminal justice.
Qualifications
- Doctor of Philosophy, Dublin City University
- LLM (Health and Care Law), University College Cork - Ireland
Keywords
- Access to Justice
- Children in Care
- Children's Rights
- Criminal Justice
- Disability Law
- Health Law
- History of Mental Health
- Human Rights
- Involuntary Detention
- Legal Capacity
- Mental Health
- Non-Discrimination
- Policing
Languages
- English (Mother)
Fields of Research
| Code | Description | Percentage |
|---|---|---|
| 480307 | International humanitarian and human rights law | 30 |
| 480501 | Access to justice | 50 |
| 480707 | Welfare, insurance, disability and social security law | 20 |
Professional Experience
UON Appointment
| Title | Organisation / Department |
|---|---|
| Senior Lecturer | University of Newcastle School of Law and Justice Australia |
Academic appointment
| Dates | Title | Organisation / Department |
|---|---|---|
| 15/9/2018 - 15/9/2019 | Assistant Professor | Dublin City University School of Law and Government Ireland |
| 24/9/2014 - 31/8/2018 | PhD Researcher and Associate Lecturer | Dublin City University School of Law and Government Ireland |
Membership
| Dates | Title | Organisation / Department |
|---|---|---|
| 30/7/2016 - 30/9/2016 | International Research Fellow | Burton Blatt Institute United States |
Professional appointment
| Dates | Title | Organisation / Department |
|---|---|---|
| 1/2/2021 - | Higher Degree Research (PhD) Convenor | Newcastle Law School, University of Newcastle, Australia Newcastle Law School Australia |
| 13/1/2020 - | Assistant Research Director | Newcastle Law School, University of Newcastle, Australia Newcastle Law School Australia |
| 19/11/2015 - 18/11/2018 | External Examiner | Cork Institute of Technology Ireland |
Awards
Recipient
| Year | Award |
|---|---|
| 2019 |
School of Humanities Research Funding Dublin City University |
Recognition
| Year | Award |
|---|---|
| 2014 |
Highly Commended in the Law Category The Global Undergraduate Awards |
Scholarship
| Year | Award |
|---|---|
| 2015 |
Dublin City University School of Law and Government Research Scholarship Dublin City University |
| 2014 |
University College Cork School of Law Postgraduate Scholarship University College Cork |
Teaching
| Code | Course | Role | Duration |
|---|---|---|---|
| LAWS6009 |
Evidence Law College of Human and Social Futures | University of Newcastle |
Lecturer | 18/2/2020 - 17/7/2021 |
| LAWS5013 |
Health Law Faculty of Business & Law, The University of Newcastle |
Course Coordinator and Lecturer | 30/7/2020 - 18/12/2021 |
| LAWS6130 |
Criminal Law and Procedure College of Human and Social Futures | University of Newcastle |
Lecturer | 19/7/2021 - 10/12/2021 |
| LAWS6090 |
Health Law College of Human and Social Futures, University of Newcastle |
Course Coordinator and Lecturer | 3/8/2020 - 18/12/2021 |
| LAWS6097 |
Competitive Mooting College of Human and Social Futures | University of Newcastle |
Course Coordinator | 17/2/2020 - 17/7/2020 |
| LAWS6096 |
Child Law College of Human and Social Futures, University of Newcastle |
Course Coordinator and Lecturer | 3/8/2020 - 18/12/2020 |
| LAWS5006 |
Child Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator and Lecturer | 22/7/2020 - 13/11/2020 |
| LAWS4004 |
Evidence Newcastle Law School, University of Newcastle, Australia |
Lecturer | 18/2/2020 - 17/7/2021 |
| LAWS2030 |
Criminal Law and Procedure College of Human and Social Futures | University of Newcastle |
Lecturer | 19/7/2021 - 10/12/2021 |
Publications
For publications that are currently unpublished or in-press, details are shown in italics.
Chapter (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2018 |
Hendrick C, McNamara D, 'Silenced, alone, powerless: My life as a Ward of Court in Ireland', Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories, Routledge, London, UK (2018) [B1]
|
Journal article (14 outputs)
| Year | Citation | Altmetrics | Link | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2023 |
Linnane D, McNamara D, Toohey L, 'Ensuring Universal Access: The Case for Medicare in Prison', Alternative Law Journal, 48 102-109 (2023) [C1]
|
Nova | |||||||||
| 2022 |
Duggan K, McNamara D, 'The Blurred Distinction Between Therapeutic and Non-therapeutic Medical Interventions for Intersex Children in Australia', Australian Journal of Human Rights, 27 272-292 (2022) [C1]
|
Nova | |||||||||
| 2021 |
McNamara D, 'Policing in the Age of the Asylum: Early Legislative Interventions in the Lives of Persons with Disabilities', Disability Studies Quarterly, 41 (2021) [C1]
|
Nova | |||||||||
| 2021 |
O'Sullivan C, McNamara D, 'The Necessity' of Austerity and its Relationship with the UN Convention on the Rights of Persons with Disabilities: A Case Study of Ireland and the United Kingdom', Human Rights Law Review, 21 157-185 (2021) [C1]
|
Nova | |||||||||
| 2021 |
McNamara DM, 'Building a Collaborative Approach to Policing in an Age of Disability Human Rights Law', Journal of Psychiatric and Mental Health Nursing, 28 107-114 (2021) [C1]
|
Nova | |||||||||
| 2020 |
Sourdin T, Li B, McNamara DM, 'Court innovations and access to justice in times of crisis', Health Policy and Technology, 9 447-453 (2020) [C1] Background: COVID-19 has disrupted not only the health sector but also justice systems. Courts around the world have had to respond quickly to the challenges presented by the pand... [more] Background: COVID-19 has disrupted not only the health sector but also justice systems. Courts around the world have had to respond quickly to the challenges presented by the pandemic and the associated social distancing restrictions. This has created significant challenges for the justice system and such challenges are likely to be further compounded in the post-pandemic era as there is a ¿tsunami¿ of COVID-19-related disputes predicted. Methods: This study will examine how global court responses have transitioned from being primarily traditional, face-to-face proceedings to online court processes (as supported by internet technology). By adopting a comparative approach, we will analyse how some countries have adapted to this shift to online mode while also maintaining a focus on access to justice. Results: We argue that online modes of dispute resolution, often referred to as Online Dispute Resolution (ODR), can promote resolution while facilitating social distancing in this new COVID-era. The rapid shift from traditional court processes to an online mode has further assisted the public, lawyers and experts to access the justice system in some jurisdictions, even during the crisis. In light of the scale of recent changes, there have been concerns about the capacity of courts to adopt newer technologies as well as issues relating to the impact of a new online model of justice, particularly in terms of the barriers for more vulnerable members of society. Further, the use of disruptive technologies in some courts have posed questions around whether outcomes generated by these innovations reflect the meaning of ¿justice¿ in its traditional sense. Conclusions: This article argues that courts should embrace newer technologies that support court services while being mindful of possible tech-related issues that can impact on justice objectives. We argue that by placing further emphasis on alternative dispute resolution methods and ODR into the future, this might offset the likely tsunami of COVID-related litigation which would enable courts, hospitals, medical professionals and patients to settle disputes in a just, equitable and more efficient manner.
|
Nova | |||||||||
| 2020 |
Chen B, McNamara D, 'Disability Discrimination, Medical Rationing and COVID-19', Asian Bioethics Review, 12 511-518 (2020) [C1]
|
Nova | |||||||||
| 2020 |
Hadley M, McNamara DM, 'Genetic Testing in Sport: Considerations for Young Athletes', Alternative Law Journal, 45 303-308 (2020) [C1]
|
Nova | |||||||||
| 2020 |
Maguire A, McNamara DM, 'Human rights and the post-pandemic return to classroom education in Australia', Alternative Law Journal, 45 202-208 (2020) [C1]
|
Nova | |||||||||
| 2020 | McNamara DM, 'Developing a Right of Aftercare for Young People Transitioning Out of State Care', Irish Journal of Family Law, 23 39-43 (2020) [C1] | Nova | |||||||||
| 2018 | McNamara DM, 'The Insanity Defence, Indefinite Detention and the UN Convention on the Rights of Persons with Disabilities', Dublin University Law Journal, 41 143-175 (2018) [C1] | Nova | |||||||||
| 2016 | McNamara DM, 'The Right of the Child to Be Heard: The Case for Child Participation in Foster Care Proceedings', Trinity College Law Review, 19 151-174 (2016) [C1] | Nova | |||||||||
| Show 11 more journal articles | |||||||||||
Review (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2021 |
McNamara D, 'Children and Young People in Asylum and Refugee Processes: Towards Best Practice, by Mary Crock, Kate Bones, Daniel Ghezelbash, Jemma Hollands and Mary Anne Kenny, The Federation Press, 2020', Australian Journal of Human Rights (2021)
|
Conference (13 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2022 |
Hadley M, McNamara D, 'Connecting Through Creativity in the Pandemic Virtual Classroom: A Flat Stanley Project for Law Students', Chinese University of Hong Kong (2022)
|
||||
| 2020 | McNamara D, 'Interrogating the Barriers to Justice for Vulnerable Suspects During Police Interviews', Online, Australia (2020) | ||||
| 2019 | McNamara D, 'Reforming the Pre-Trial Criminal Justice Process in Ireland: A Disability-Rights Approach', Galway, Ireland (2019) | ||||
| Show 10 more conferences | |||||
Media (3 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2022 |
Maguire A, McNamara D, 'Russia s bombardment and Ukraine s departure ban leave children and those with disabilities most vulnerable', (2022)
|
||||
| 2020 |
Maguire A, McNamara D, 'Sending children back to school during coronavirus has human rights implications', (2020)
|
||||
| 2020 | McNamara D, Maguire A, 'Sending children back to school during coronavirus has human rights implications', (2020) |
Other (8 outputs)
| Year | Citation | Altmetrics | Link | |||||
|---|---|---|---|---|---|---|---|---|
| 2022 |
Linnane D, McNamara D, Toohey L, 'Medicare in Prisons: The Case for Reform', : NOVA (2022)
|
|||||||
| 2020 | McNamara D, 'Interviewing Vulnerable Suspects in Ireland', Defending Vulnerability. Online (2020) | |||||||
| 2020 | McNamara D, 'Letter of Support for the National Platform of Self Advocates', . Online: National Platform of Self Advocates (2020) | |||||||
| Show 5 more others | ||||||||
Preprint (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2020 |
Chen B, McNamara D, 'Disability Discrimination, Medical Rationing and COVID-19
|
Presentation (4 outputs)
| Year | Citation | Altmetrics | Link |
|---|---|---|---|
| 2019 | McNamara D, 'What is Legal Capacity? An Examination of Decision-Making and Article 12', (2019) | ||
| 2018 | McNamara D, 'The Criminalisation of Persons with Disabilities in Ireland: The Role of the Police', (2018) | ||
| 2016 | McNamara D, 'International Disability Rights Law: Irish Perspectives', (2016) | ||
| Show 1 more presentation | |||
Thesis / Dissertation (2 outputs)
| Year | Citation | Altmetrics | Link |
|---|---|---|---|
| 2018 | McNamara D, The Criminal Investigation of Suspects with Disabilities: The Impact of the UN Convention on the Rights of Persons with Disabilities, Dublin City University (2018) | ||
| 2015 | McNamara D, Child Participation in Irish Foster Care Proceedings: Assessing Ireland s Compliance with Article 12 UN Convention on the Rights of the Child, University College Cork (2015) |
Grants and Funding
Summary
| Number of grants | 14 |
|---|---|
| Total funding | $348,165 |
Click on a grant title below to expand the full details for that specific grant.
20232 grants / $14,653
A human rights evaluation of the health requirement under Australian migration law$9,997
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Project Team | Samuel Berhanu Woldemariam (Lead) Amy Maguire (CoInvestigator) Donna McNamara (CoInvestigator) Shaun McCarthy (CoInvestigator) |
| Scheme | CHSF - Pilot Research Scheme: Projects, Pivots, Partnerships |
| Role | Investigator |
| Funding Start | 2023 |
| Funding Finish | 2023 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
The Human Right to Education in the Australian Context$4,656
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Associate Professor Amy Maguire, Doctor Stephenson Chow, Doctor Donna McNamara, Doctor Caitlin Mollica |
| Scheme | Pilot Funding Scheme |
| Role | Investigator |
| Funding Start | 2023 |
| Funding Finish | 2023 |
| GNo | G2300461 |
| Type Of Funding | Internal |
| Category | INTE |
| UON | Y |
20223 grants / $115,089
CIFAL PhD Scholarship$100,089
Funding body: CIFAL Newcastle
| Funding body | CIFAL Newcastle |
|---|---|
| Scheme | CIFAL Sustainable Development Goals Scholarship |
| Role | Lead |
| Funding Start | 2022 |
| Funding Finish | 2025 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Visual Communication of legal information in criminal public defence: a pilot study$10,000
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Project Team | Prof Lisa Toohey (lead), Dr Donna McNamara |
| Scheme | CHSF - Pilot Research Scheme: Projects, Pivots, Partnerships |
| Role | Investigator |
| Funding Start | 2022 |
| Funding Finish | 2022 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Policing Social Welfare$5,000
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Pilot Research Scheme: Projects, Pivots, Partnerships |
| Role | Lead |
| Funding Start | 2022 |
| Funding Finish | 2022 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20211 grants / $1,260
CHSF Early Advice Scheme 2021$1,260
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Early Advice Scheme |
| Role | Lead |
| Funding Start | 2021 |
| Funding Finish | 2021 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20203 grants / $10,140
The Right to Health for People with Disabilities and Chronic Illnesses$5,000
Funding body: Faculty of Business & Law, The University of Newcastle
| Funding body | Faculty of Business & Law, The University of Newcastle |
|---|---|
| Project Team | Dr Donna Marie McNamara |
| Scheme | New Start Grant Scheme |
| Role | Lead |
| Funding Start | 2020 |
| Funding Finish | 2021 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Staff Conference Funding$3,500
Funding body: Faculty of Business and Law, The University of Newcastle
| Funding body | Faculty of Business and Law, The University of Newcastle |
|---|---|
| Scheme | Conference funding |
| Role | Lead |
| Funding Start | 2020 |
| Funding Finish | 2020 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Incidental Research Funding$1,640
Funding body: Faculty of Business and law, The University of Newcastle
| Funding body | Faculty of Business and law, The University of Newcastle |
|---|---|
| Project Team | Donna McNamara, Ryan Johnston |
| Scheme | Incidental Funding |
| Role | Lead |
| Funding Start | 2020 |
| Funding Finish | 2020 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20191 grants / $1,334
Staff Conference Travel Fund$1,334
Funding body: School of Law and Government, Dublin City University
| Funding body | School of Law and Government, Dublin City University |
|---|---|
| Scheme | Dublin City University |
| Role | Lead |
| Funding Start | 2019 |
| Funding Finish | 2019 |
| GNo | |
| Type Of Funding | External |
| Category | EXTE |
| UON | N |
20181 grants / $73,682
Legal design and innovation$73,682
Funding body: Sparke Helmore Lawyers
| Funding body | Sparke Helmore Lawyers |
|---|---|
| Project Team | Professor Lisa Toohey, Ms Sara Rayment, Doctor Donna McNamara |
| Scheme | Research Grant |
| Role | Investigator |
| Funding Start | 2018 |
| Funding Finish | 2020 |
| GNo | G1800928 |
| Type Of Funding | C3100 – Aust For Profit |
| Category | 3100 |
| UON | Y |
20171 grants / $834
Postgraduate Travel Scholarship$834
Funding body: Dublin City University
| Funding body | Dublin City University |
|---|---|
| Scheme | Dublin City University Postgraduate Travel Fund |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2017 |
| GNo | |
| Type Of Funding | External |
| Category | EXTE |
| UON | N |
20141 grants / $127,836
School of Law and Government Postgraduate Scholarship $127,836
Funding body: School of Law and Government, Dublin City University
| Funding body | School of Law and Government, Dublin City University |
|---|---|
| Scheme | Dublin City University |
| Role | Lead |
| Funding Start | 2014 |
| Funding Finish | 2018 |
| GNo | |
| Type Of Funding | External |
| Category | EXTE |
| UON | N |
20131 grants / $3,337
School of Law Postgraduate Scholarship$3,337
Funding body: University College Cork
| Funding body | University College Cork |
|---|---|
| Scheme | Postgraduate Research Scholarship |
| Role | Lead |
| Funding Start | 2013 |
| Funding Finish | 2014 |
| GNo | |
| Type Of Funding | External |
| Category | EXTE |
| UON | N |
Research Supervision
Number of supervisions
Current Supervision
| Commenced | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2022 | Honours | Disability Law and Policy Reform in Relation to Employment | Law, Newcastle Law School | Principal Supervisor |
| 2022 | PhD | Improving the Right of Access to Justice for Persons with Disabilities | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
| 2021 | PhD | Is Mediation the Best Medicine? Evaluating the Impact of Pre-Court Procedures for Medical Negligence Cases in Australia | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
Past Supervision
| Year | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2022 | Honours | Voluntary Assisted Dying in New South Wales | Law, Newcastle Law School | University of Newcastle | Principal Supervisor |
| 2020 | Honours | The Legality of Non-Therapeutic Medical Interventions on Intersex Children | Law, Newcastle Law School, University of Newcastle, Australia | Principal Supervisor |
| 2019 | Honours | Examining the Prevalence of Bias Towards Females Convicted of Serious Crimes in Sentencing | Criminal Law, Dublin City University | Principal Supervisor |
| 2019 | Masters | Restorative Justice as a Response to the Criminal Justice Systems Failings in Addressing Sexual Violence Against Women | Criminal Law, Dublin City University | Principal Supervisor |
| 2019 | Honours | The Case for Female Orientated Prison Policies | Criminal Law, Dublin City University | Principal Supervisor |
Research Projects
A Human Rights Evaluation of the Health Requirement under Australian Migration Law 2023 -
Most visa applicants that wish to enter Australia are required to meet the migration health requirement. The requirement supposedly aims to protect the public from the spread of diseases, preserve limited health infrastructures and limit health spending. In this respect, immigration laws perceive the individual migrant’s health condition as a potential threat to the public and to the State. Meanwhile, international human rights law upholds the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the State’s obligation not to discriminate based on the health status of individuals. In the context of children, for example, human rights law requires public actors to make decisions in consideration of the best interest of the child. How would this obligation impact decisions where a child does not meet the migration health requirement due to a pre-existing medical condition or disability? By reviewing the administration of the health requirement and the contemporary discourse on the right to health and non-discrimination, this project seeks to evaluate whether Australian practice accords with human rights obligations.
Grants
A human rights evaluation of the health requirement under Australian migration law
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Pilot Research Scheme: Projects, Pivots, Partnerships |
Collaborators
| Name | Organisation |
|---|---|
| Doctor Shaun Gerard McCarthy | University of Newcastle |
| Associate Professor Amy Michelle Maguire | University of Newcastle |
| Doctor Donna Marie McNamara | University of Newcastle |
Edit
Research Collaborations
The map is a representation of a researchers co-authorship with collaborators across the globe. The map displays the number of publications against a country, where there is at least one co-author based in that country. Data is sourced from the University of Newcastle research publication management system (NURO) and may not fully represent the authors complete body of work.
| Country | Count of Publications | |
|---|---|---|
| Australia | 11 | |
| China | 1 | |
| United Kingdom | 1 | |
| Ireland | 1 | |
| Macao | 1 |
Dr Donna McNamara
Position
Senior Lecturer
School of Law and Justice
College of Human and Social Futures
Contact Details
| donna.mcnamara10@newcastle.edu.au | |
| Phone | 02 40553341 |
| Mobile | 04 261 97156 |
| Link |
Office
| Room | NUSpace, 5th Floor |
|---|---|
| Building | NUSpace |
