Professor Anita Stuhmcke

Stewart, P.E. & Stuhmcke, A.G. 2012, Australian Principles of Tort Law, 3rd, Federation Press, Sydney.

Stuhmcke, A.G. 2012, Legal Referencing, 4th, LexisNexis, Sydney.

Stuhmcke, A.G. 2010, Essential Tort Law, 4th, Zortonomy, Sydney.

Stewart, P.E. & Stuhmcke, A.G. 2009, Australian Principles of Tort Law, 2, The Federation Press, Sydney, Australia.
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Legislative reform has recently transformed the law of torts in Australia. It is no longer a body of unified common law but is an area governed by a diverse array of non-uniform statutes in each Australian jurisdiction. This textbook is one of the first to provide both commentary and critical analysis of this tort law reform legislation. It provides a fresh interpretation of historical events and analyses the new challenges and developments facing the law of torts in the twenty first century. Offering ideas and perspectives on the law of torts, it assists all those wishing to traverse this fascinating area of law. Nevertheless the work is written with the aim of making tort law accessible to students new to the field and provides a foundation for ongoing engagement in the area. Essential reading for all those seeking guidance on the tort law reform legislation, this text makes a valuable contribution to scholarship in the field, while its clear and comprehensive style make it a reliable and interesting textbook for law students.

Stewart, P.E. & Stuhmcke, A.G. 2005, Australian Principles of Torts, 1, Cavendish Publishing Limited, Sydney, Australia.
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Stuhmcke, A.G. 2005, Essential Tort Law, Third, Cavendish, Sydney.

Stuhmcke, A.G. 2005, Legal Referencing, Third, LexisNexis Butterworths, Australia.

Stuhmcke, A.G. 2001, Essential Tort Law, Second, Cavendish, Sydney.

Stuhmcke, A.G. 2001, Legal Referencing, 2nd, Butterworths, Sydney.

Stuhmcke, A.G. 1998, Legal Referencing, 1st, Butterworths, Sydney.

Stuhmcke, A.G. 1997, Essential Tort Law, 1st, Cavendish, Australia.

Stewart, P.E. & Stuhmcke, A.G. 2008, 'The Child in Utero and Ex Utero' in Geoff Monahan and Lisa Young (eds), Children and the Law in Australia, LexisNexis Butterworths, Butterworth-Heinemann, pp. 54-82.
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Stuhmcke, A.G. 2008, 'Ombudsmen and Integrity Review' in Linda Pearson and Carol Harlow and Michael Taggart (eds), Administrative Law in a Changing State, Hart Publishing, Oxford, UK, pp. 349-376.
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Stuhmcke, A.G. 2011, 'The evolution of the classical ombudsman: a view from the antipodes' in Kierkegaard, Sylvia (eds), Law Across Nations: Governance, Policy & Statutes, International Association of IT Lawyers, pp. 589-601.

Stuhmcke, A.G. 2012, 'The evolution of the classical ombudsman: a view from the antipodes', International Journal of Public Law and Policy, vol. 2, no. 1, pp. 83-95.
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The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen.

Stuhmcke, A.G. 2011, 'The Criminal Act Of Commercial Surrogacy In Australia: A Call For Review', Journal of Law and Medicine, vol. 18, no. 3, pp. 601-613.
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Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northe

Stuhmcke, A.G. 2011, 'Teaching Plagiarism: Law Students Really Are That Special', Journal of the Australasian Law Teachers Association, vol. 4, no. 1&2, pp. 137-146.
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This paper examines the current narrative of plagiarism and citation style in Anstralia and argues against using citation style guides as both a cure for plagiarism and as a means to determine the act of plagiarism. The paper suggests that legal education should not promote a narrative of citation where citation style and wamings as to the penalties which will be applied in cases of plagiarism take priority over communicating to students an understanding of the processes and benefits of proper and scholarly attributioun of sources.

Stuhmcke, A.G. 2010, ''Each for Themselves' or 'One for All'? The Changing Emphasis of the Commonwealth Ombudsman', Federal Law Review, vol. 38, no. 1, pp. 143-167.
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The three clear functions that the Commonwealth Ombudsman has currently reflecting a change in emphasis towards what may be broadly termed the quality control of government administration are discussed. The need is for observers of Ombudsman, administrative law and policy makers to ensure that the Ombudsman institution to evolve and diversify its functions without compromising its principles or aims.

Stuhmcke, A.G. 2010, 'The role of Australian ombudsmen in the protection and promotion of human rights', Australian Journal of Human Rights, vol. 16, no. 1, pp. 37-62.
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On 1 January 2007, the Victorian Ombudsman was granted the power to inquire into whether an administrative action of a public authority is incompatible with a human right. This express human rights mandate transforms the Victorian Ombudsman from a classical ombudsman into a human rights ombudsman. It is the first time that any Australian government has given a classical ombudsman a legislative mandate to perform an oversight role with respect to human rights protection. That noted, there is synergy between the role and function of existing state, territory and federal Australian classical ombudsmen and the protection of human rights. This article explains how Australian ombudsmen currently address human rights violations

Stuhmcke, A.G. 2009, 'Evaluating Ombudsman: A Case Study In Developing A Quantitative Methology To Measure The Performance Of The Ombudsman', International Ombudsman Yearbook, vol. 10, pp. 23-82.
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Stuhmcke, A.G. 2008, 'Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman', Australian Journal of Public Administration, vol. 67, no. 3, pp. 321-339.
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This article examines the individual complaint-taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977+2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen 'rights' or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.

Olliffe, B.M. & Stuhmcke, A.G. 2007, 'A National University Grievance Handlers? Transporting the UK Office of the Independent Adjudicator for Higher Education (OIA) to Australia', Journal of Higher Education Policy and Management, vol. 29, no. 2, pp. 203-215.
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Complaints made to external agencies about Australian universities are rising in both number and complexity. Recent debate has therefore focused upon how to improve grievance handling in the Australian higher education sector. One suggested "solution" is the creation of a national Australian university ombudsman. The UK has recently introduced such a national student complaint body--the Office of the Independent Adjudicator for Higher Education (OIA), a "world first". This paper examines the structure and operation of the OIA and highlights the advantages and pitfalls of introducing an equivalent office into the Australian higher education sector. It argues that, on balance, there are advantages in a national university ombudsman.

Stewart, P.E. & Stuhmcke, A.G. 2007, 'Legal Pragmatism and the Pre-Birth Continuum: an absence of unifying principle', Journal of Law and Medicine, vol. 15, no. 2, pp. 272-295.
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The common law has historically been clear - the rights of the unborn do not exist prior to birth. A child becomes a legal person and able to enforce legal rights upon being born alive and having a separate existence from her or his mother. This article assesses whether new developments in biomedical technologies have left this legal principle inviolate and explores what the state of law is in relation to pre-birth. It argues that there is a pre-birth continuum where the law punctuates points in a lineal timeline fashion as to when a pre-birth "non-entity" becomes a legal entity. The article concludes that there is no singular rule of law with respect to being or becoming a human but rather a collection of discrete and increasingly divergent legal categories. This recognition of a pre-birth continuum or timeline as to the legal recognition of this "non-entity" has significant ramifications for the future development of law and impacts on legal thinking about what it means to be human.

Stuhmcke, A.G. & Tran, A. 2007, 'The Commonwealth Ombudsman: An Integrity Branch of Government', The Alternative Law Journal, vol. 32, no. 4, pp. 233-236.
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Should the Commonwealth Ombudsman be part of a fourth integrity arm of Federal government? The article examines recent immigration cases determined by the Ombudsman to 'test' the extent to which the role now transcends the individual complainant contributing to the improvement of overall government administrative integrity

Stuhmcke, A.G. 2004, 'Looking backwards,looking forwards: Judicial and Legislative Trends in the Regulation or surrogate motherhood in the UK and Australia', Australian Journal of Family Law, vol. 18, no. 1, pp. 13-40.
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Stuhmcke, A.G. 2004, 'Privatisation and Corporatisation: What now for the Commonwealth Ombudsman ?', Australian Journal of Administrative Law, vol. 11, no. 2, pp. 101-114.
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Stuhmcke, A.G. 2003, 'Resolving Consumer Disputes', Australian Business Law Review, vol. 31, no. 1, pp. 48-53.
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Stuhmcke, A.G. 2002, 'Limiting Access to Assisted Reproduction JM V QFG', Australian Journal of Family Law, vol. 16, no. 3, pp. 245-252.
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Stuhmcke, A.G. 2002, 'The Rise of the Australian Telecommunications Industry Ombudsman', Telecommunications Policy, vol. 26, no. 1-2, pp. 69-85.
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Australia is the first jurisdiction in the world to introduce a national private telecommunications industry ombudsman. Created in 1993, the Telecommunications Industry Ombudsman (TIO) has grown in jurisdiction and importance, becoming a regulatory cornerstone of the fully competitive post-1997 Australian telecommunications regime. This paper examines the role of the TIO as a mechanism for dispute resolution and as an industry regulator, suggesting that it provides an example of an innovatory regulatory process which transcends the divide between deregulation and proregulation. This raises the question as to the applicability of the ombudsman institution in terms of the regulation of telecommunications. Through highlighting the conciliatory nature of the ombudsman, the role of the TIO as a regulator is considered in its Australian context.

Stuhmcke, A.G. 2001, 'Access to Infertility Treatments and Single Women: What is the State of Play?', Journal of Law and Medicine, vol. 9, pp. 12-14.
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Stuhmcke, A.G. 2001, 'Grievance handling in Australian Universities: the case of the university ombudsman and the dean of students', Journal of Higher Education Policy and Management, vol. 23, pp. 181-189.
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Stuhmcke, A.G. 1998, 'The Corporatisation and Privatisation of the Australian Telecommunications Industry: The Role of the Telecommunications Industry Ombudsman', The University of New South Wales Law Journal, vol. 21, no. 3, pp. 807-833.
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The Telecommunications Industry Ombudsman Scheme (TIO Scheme) is a world first. The creation of an industry based Ombudsman to resolve consumer complaints in telecommunications is a unique Australian innovation. This article examines the origins, structure, functions, role, powers and obligations of the TIO Scheme. It concludes that while the TIO Scheme is a competent organisation which performs a crucial role in the new telecommunications regulatory regime introduced on 1 July 1997, there are a number of systemic criticisms which can be made of the new Ombudsman. In short, the 'jury is still out on the TIO.'

Stuhmcke, A.G. 1997, 'Lesbian Access to In Vitro Fertilisation', Australasian Gay & Lesbian Law Journal, vol. 7, pp. 15-40.

Stuhmcke, A.G. 1996, 'For Love or Money? The Legal Regulation of Surrogate Motherhood', E Law - Murdoch University Electronic Journal of Law, vol. 3, no. 1, pp. 1-25.

Stuhmcke, A.G. 1996, 'The Legal Regulation of Fetal Tissue Transplantation', Journal of Law and Medicine, vol. 4, no. 2, pp. 131-143.

Stuhmcke, A.G. 1994, 'Surrogate Motherhood: The Legal Position in Australia', Journal of Law and Medicine, vol. 2, no. 2, pp. 116-124.

Stuhmcke, A.G. 2011, 'Australian Ombudsmen and Human Rights', Australian Institute of Adfministrative Law Forum, vol. 66, pp. 43-50.

Stuhmcke, A.G. 2003, 'Ombudsman and Legal Practice: Where to from Here?', International Legal Practitioner, vol. 28, no. 2, pp. 48-51.

Stuhmcke, A.G. 2003, 'The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone', AIAL Forum, vol. 36, pp. 54-63.
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The Commonwealth Ombudsman: Twenty Five Years on and no Longer Alone

Stuhmcke, A.G. 1996, 'Access to reproductive technology', Health Law Bulletin, vol. 5, no. 4, pp. 39-40.

Stuhmcke, A.G. 2010, 'Ombudsman Research', Australasian and Pacific Ombudsman Region Annual Conference, Canberra, March 2010.

Stuhmcke, A.G. 2008, 'The tripartite roles of ombudsmen and the need for accountability', Joint Interest Group of Ombudsman/Complaints Handling Agencies, Sydney, December 2008.

Stuhmcke, A.G. 2006, 'Complaining hard and complaining often: what now for the future of grievance handling in Australian Universities', OMDOSHEAA 5th Conference, UNE, December 2006.

Stuhmcke, A.G. 2004, 'Using Foetal tissue for reseacrh: issues of regulation, property and identity', Macquarie University, May 2004.

Stuhmcke, A.G. 2002, 'Balancing the scales: achieving diversity in Australian law school admission', International Bar Association, South Africa, October 2002.

Stuhmcke, A.G. 2002, 'Necessary or sufficient: what do we do when there are no rules?', OMDOSHEAA, 3rd Annual Conference, QUT, February 2002.

Stuhmcke, A.G. 2002, 'The Commonwealth Ombudsman', Public Law, Canberra, November 2002.

Stuhmcke, A.G. 2001, 'Teaching Biomedical Law and Bioethics', ALTA, Vanuatu, July 2001.

Stuhmcke, A.G. 1999, 'Access to IVF', In Vitro Fertilisation and Human Reproductive Genetics, Sydney, May 1999.

Stuhmcke, A.G. 1998, 'An Experience in Simulatneous Cross-Institution Course Delivery: Adapting Teaching Methods to Particular Requirements without Compromising Achievements of the Essential Aims', UTS, October 1997 in Virtual Law School: a practical reality?, ed Robert Watt, UTS Faculty of Law, Sydney.

Stuhmcke, A.G. 1998, 'The Sydney legal profession and legal education: A survey of the Sydney legal profession in relation to aspects of legal eductaion"', Sydney, October 1997 in Australasian Law Teachers Association, ed Robert Watt, UTS, Sydney.

Stuhmcke, A.G. 1995, 'Fetal Tissue Transplantation: A Legal and Ethical Conundrum', Hobart, September 1995 in Australian Law Teachers Association, ed Australian Law Teachers Association, Australian Law Teachers Association, Australia.