Staff profile - Oscar Roos

Staff image

Mr Oscar Roos

Position: Lecturer
Faculty or Division: Faculty of Business and Law
Department: Deakin Law School
Campus: Melbourne Burwood Campus
Phone: +61 3 92446649 +61 3 92446649



Oscar Roos graduated with an Honours degree in Law and a Bachelor of Arts from the University of Melbourne in 1992 where he was awarded the Hearn Exhibition and the Supreme Court Prize for Jurisprudence.  He was subsequently admitted to practise as a Barrister and Solicitor of the Supreme Court of Victoria in 1993 after completing his professional training at the Leo Cussen Institute where he won the Advocacy Award.

After graduating Oscar worked for the Commonwealth Public Service for two years before his appointment as Associate to Justice David Byrne of the Supreme Court of Victoria.  After completing his Associateship Oscar worked for Victoria Legal Aid and then in 1999 he completed the Bar Readers’ Course and signed the Roll of the Victorian Bar.  As a Barrister Oscar practised mainly in criminal law, appearing for both prosecution and defence in summary and indictable jurisdictions.

In 2002 Oscar was awarded a Master of Laws from Monash University.

Oscar commenced teaching at Deakin in 2003.  He has taught in the areas of criminal law, criminal procedure, evidence, constitutional law and administrative law.  His current research interests are legal philosophy, legal history, constitutional law and administrative law.  Oscar’s writing has been cited in Australia and overseas, including in the Melbourne University Law Review and in the Sydney Law Review, and numerous text books. The quality of Oscar’s research was acknowledged by the Law Institute of Victoria in 2008 when he was runner-up in the Rodgers Legal Writing Award.

Oscar is currently completing a Doctor of Juridical Science at Monash University.  His thesis is an originalist assessment of the entrenchment of judicial review in the Australian States.  A lengthy article derived from his thesis was published in the prestigious Sydney Law Review in 2013.

Oscar is currently a non-practising member of the Victorian Bar, an Associate Member of the Law Institute of Victoria and a member of numerous academic and professional bodies including the Australian Association of Constitutional Law, the Australian Institute of Administrative Law and the Australian Society of Legal Philosophy.


  • Bachelor of Law(s), University of Melbourne, 1993
  • Bachelor of Arts, University of Melbourne, 1994
  • Master of Laws, Monash University, 2002


Teaching Interests

  • Criminal law
  • Criminal procedure
  • Evidence
  • Constitutional law
  • Administrative law


Awards and prizes

  • Hearn Exhibition and the Supreme Court Prize for Jurisprudence
  • Rodgers Legal Writing Award (runner-up)


Research interests

  • Legal philosophy
  • Legal history
  • Constitutional, and
  • Administrative law

Research page



An alternative (partial) justification for the holding in Kirk
Dr Oscar I Roos (2015) vol. 26/2, pp. 111-125, Public Law Review, New South Wales

Accepted Doctrine at the Time of Federation and Kirk v Industrial Court of New South Wales
Mr Oscar Roos (2013) vol. 35, pp. 781-807, Sydney Law Review, Sydney, New South Wales, C1

Exploring the linkage between WTO dispute resolution and international human rights law
Mr Oscar Roos (2012) vol. 19, pp. 1-21, Currents : international trade law journal, Houston, Tex., C1

Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations
Mr Oscar Roos, Dr Benjamin Hayward, Dr John Morss (2010) vol. 35, pp. 81-118, University of Western Australia law review, Crawley, W.A., C1

Criminal priors & the right to be elected : the salutary tale of Ronald 'Bunna' Walsh
Mr Oscar Roos, Dr Benjamin Hayward (2009) vol. 34, pp. 36-40, Alternative law journal, Melbourne, Vic., C1

Dancing with a gorilla?
Mr Oscar Roos (2008) vol. 82, pp. 46-49, Law Institute journal, Melbourne, Vic., C1

Alarmed, but not alert in the "war on terror"? The High Court, Thomas V Mowbray and the Defence Power
Mr Oscar Roos (2008) vol. 15, pp. 169-200, James Cook University Law Review, Townsville, Qld., C1

From labour's pain comes Labor's gain? The High Court's decision in the Work Choices case and the Commonwealth's corporations power
Mr Oscar Roos (2007) vol. 11, pp. 81-122, Southern Cross University law review, Lismore, N.S.W., C1

The trouble with woon: the selective answering of police questions and the right to pre-trial silence
Mr Oscar Roos (2006) vol. 3, pp. 1-29, University of New England law journal, Armidale, NSW, C1

Commonwealth legislative power and "non punitive" detention: a constitutional roadmap
Mr Oscar Roos (2005) vol. 1, pp. 142-158, High Court quarterly review, South Yarra, Vic., C1

The spectre of Browne v Dunn: criminal proceedings in the era of pre-trial disclosure
Mr Oscar Roos (2005) vol. April 2005, pp. 39-41, Law Institute journal, Melbourne, Vic., C1

Baker v The Queen & Fardon v Attorney General for the State of Queensland
Mr Oscar Roos (2005) vol. 10, pp. 271-282, Deakin law review, Geelong, Vic., C1

Page custodian: External Relations Group
Last updated: