Professor Keith Thompson

Professor of Law
LLB (Hons), M Jur (Auckland), PhD (Murdoch), Dip Export, IMD (Hons), ACIArb (London), Notary Publis

Email: keith.thompson@nd.edu.au
Phone: (02) 8204 4300

  • Biography

    Keith practiced commercial and property law in Auckland for 12 years. He was then International Legal Counsel for The Church of Jesus Christ of Latter-day Saints through the Pacific (18 years) and the African continent (2 years) before returning to Australia to teach law. He retains a practising certificate and does consulting work for a boutique law firm in Sydney and in regional law firms with offices in the NSW Riverina and in northern Victoria.

  • Teaching areas

    • Constitutional Law
    • The Law of Evidence
    • Legal History
    • Law and Religious
    • Civil Procedure

  • Research expertise and supervision

    Research expertise

    • Religious Confession Privilege
    • Jury Vetting
    • Theosis (deification)
    • Current Issues in Constitutional Law (book pending, principal editor) - Shepherd Street Press
    • Law and Love (book pending, co-editor with Zach Calo and Josh Neoh) - Routledge
    • A Book of Mormon collection (Ethics Press, London)

    Supervision

    • 3 PhD completions
    • 2 LLM (by research) completions
    • 19 LLB (Hons) completions
    • 19 LLB Directed Research Project completions

  • Books

    • Current Issues in Law and Religion, (A. Keith Thompson, Editor) Redland Bay, Queensland: Shepherd Street Press, 2021.
    • Inclusion, Exclusion and Religious Freedom in Contemporary Australia (Michael Quinlan and A. Keith Thompson eds) Shepherd Street Press, Redland Bay, Queensland, 2021.
    • Modern Issues in Australian Evidence Law (A. Keith Thompson editor) Shepherd Street Press, Redland Bay, Queensland, 2021.
    • Religious Freedom in Australia – a new Terra Nullius? (Iain T. Benson, Michael Quinlan and A. Keith Thompson eds) Shepherd Street Press, Redland Bay, Queensland, 2019.
    • Trinity and Monotheism, A historical and theological review of the origins and substance of the doctrine, Modotti Press, Redland Bay, Queensland, 2019
    • Religious Confession Privilege and the Common Law, Brill, Leiden and Boston, 2011.
    • Religious Confession Privilege at Common Law, Brill, Leiden and Boston, 2011.

  • Book Chapters

    • "Challenging Voluntary Religious Instruction in New Zealand Schools” chapter 11 in Law, Education and the Place of Religion in Public Schools – International Perspectives, (Charles J. Russo Editor) Routledge, 2022.
    • “Introduction” with Mark Hill QC in Religious Confession and Evidential Privilege in the 21st Century (Mark Hill QC and A. Keith Thompson eds), Shepherd Street Press, Redland Bay, Queensland, 2021.
    • “The jury in its historical perspective” in Current issues in Law and Religion, (A. Keith Thompson, Editor) Redland Bay, Queensland: Shepherd Street Press, 2021.
    • “Introduction” in Current issues in Law and Religion, (A. Keith Thompson, Editor) Redland Bay, Queensland: Shepherd Street Press, 2021.
    • “Religious freedom has always been about including minorities” chapter in Inclusion, Exclusion and Religious Freedom in Contemporary Australia, (Michael Quinlan and A. Keith Thompson eds) Shepherd Street Press, Redland Bay, Queensland, 2021.
    • “Free Exercise of Religion in Australia, the US and Singapore”, chapter in Current issues in Law and Religion (A. Keith Thompson editor) Shepherd Street Press, Redland Bay, Queensland, 2021.
    • “Introduction” in Current issues in Law and Religion (A. Keith Thompson editor) Shepherd Street Press, Redland Bay, Queensland, 2021.
    • “How Do We Justify Human Rights and Dignity?” in The Conceptual Foundations of Human Dignity, Vol.1, (Angus Menuge and Barry Bussey (eds), (London, New York, Melbourne, Delhi: Anthem Press, 2021) Chapter 2.
    • “Religious Freedom under the Australian Constitution and recommendations that Religious Confession Privilege should be abolished” in Religious Freedom in Australia – A new Terra Nullius? (Iain T. Benson, Michael Quinlan and A. Keith Thompson eds) Shepherd Street Press, Redland Bay, Queensland, 2019.
    • “The Economic Impact of Volunteering and Donation” in Religious Freedom in Australia – a new Terra Nullius? (Iain T. Benson, Michael Quinlan and A. Keith Thompson eds) Shepherd Street Press, Redland Bay, Queensland, 2019.
    • “The spiritual foundations of s 51(xxxi)” in Liber Amicorum for Gabriel Moens, Augusto Zimmermann (ed.), Connor Court, Redcliffe Queensland, 2018.
    • "The Persistence of Religious Confession Privilege” in Research Handbook on Law and Religion, Rex Ahdar (ed.), Edward Elgar Publishing, Cheltenham, UK, 2018.

  • Journal articles and proceedings

    • The Brass Plates – Can modern scholarship help identify their contents?” Interpreter, A Journal of Latter-day Saint Faith and Scholarship 45 (2021) 81-112.
    • “Is the Australian judiciary unnecessarily interfering with freedom of religion? The Sydney Beth Din case”, St Mark’s Review, No. 252, June/July (2020) (2).
    • “Ethos schools in Australia and the ‘New Australian Religious Discrimination Act 2020’”, 23 International Journal of Law & Education (2020) 23-36
    • “The Character and Knowledge of Mary, the Mother of Christ”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship 36 (2020) 109-138
    • “Burns v Corbett: What if the High Court had decided the implied freedom of political communication issue? (2018) University of Notre Dame Australia Law Review Vol.20, Article 4 ()
    • “The Rule of Law, Arbitrariness and Institutional Virtue”, Alternative Law Journal, (2019) 0, 1-5 ().
    • “The Habeas Corpus Protection of Joseph Smith from Missouri Arrest Requisitions”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship 29 (2018) 273-306
    • “Maintaining Religious Identity in Hiring in Faith-Based Schools: A Comparative Analysis of Australia and New Zealand”, 22 International Journal of Law & Education, 2019, 32
    • “Missourian Efforts to Extradite Joseph Smith and the Ethics of Governor Thomas Reynolds of Missouri”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship 29 (2018) 307-324
    • “A Commonwealth Religious Discrimination Act for Australia?”, Solidarity, The Journal of Catholic Social Thought and Secular Ethics, Volume 7, Issue 1 (2017)
    • “Should Religious Confession Privilege be Abolished in Child Abuse Cases? Do Child Abusers Confess their Sins?”, 8 Western Australian Jurist, October 2017
    • “Maintaining Religious Identity in Hiring in Faith-based Schools: A Comparative Analysis of Australia and the United States”, (Co-written with Professor Charles Russo) 21 International Journal of Law & Education (2017), 56
    • “The under-theorisation of religious freedom in Polynesia – Two Case Studies”, 17 Macquarie Law Journal (2017) 83.
    • “Freedom of Religion and Freedom of Speech – The United States, Australia and Singapore compared”, Journal of Law and Social Sciences (2017) Vol. 6, No.1
    • “Apostate religion in the Book of Mormon”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 25 (2017), 191-226.
    • “Were we foreordained to the Priesthood or was the principle of worthiness foreordained? Alma 13 reconsidered” Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 21 (2016), 249-274.
    • “Liquidator remuneration, creditor dividends and the public interest: Recent NSW Supreme Court decisions and the continuing need for reform”, 157 Australian Law Journal 90, 649-662.
    • “The Liberties of the Church and the City of London in the Magna Carta”, (2016) Ecclesiastical Law Journal, 18 (3), 271-290.
    • “Joseph Smith and the Doctrine of Sealing”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 21 (2016), 1-21.
    • “Should ‘public reason’ developed under US establishment clause jurisprudence apply to Australia?”, (2015) 17 UNDALR, Article 6, 107-134 < http://researchonline.nd.edu.au/undalr/vol17/iss1/6/>.
    • “The Doctrine of Resurrection in the Book of Mormon”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 16 (2015), 101-129.
    • “Spousal Privilege – not a principle well established at Common Law? ACCC v Stoddart”, (2015) Curtin Law and Taxation Review 173.
    • “Who was Sherem?”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 14 (2015), 1-15.
    • “Fashion or proof: A challenge for Pacific Anthropology”, Interpreter, A Journal of Mormon Scripture, 8 (2014), 205-232.
    • “Nephite insights into Israelite Worship Practices before the Babylonian Captivity”, Interpreter, A Journal of Latter-day Saint Faith and Scholarship, 3 (2013), 155-195.
    • “Capital Punishment: Constitutional, Philosophical and Historical Dimensions” (co-written with Professor Gabriel A. Moens), Acta Universitatis George Bacovia. Juridica, (“George Bacovia” University, Bacau, Romania), November 2012.
    • “Vicarious Liability, Non-delegable duty and child sexual abuse: Is there another solution for sexual abuse plaintiffs in Australia after the Maga decision in the UK?”, Western Australian Jurist, September 2012.
    • “Does anti-corruption legislation work?”, Volume XVI International Trade and Business Law Review (January 2013); republished in World Customs Journal, Vol. 7, No. 2, (2013)
      "Peak Indebtedness” theory: An abuse of the “running account” defence?”, 85 Australian Law Journal 374 (June 2011).

  • Conference papers

    • “Faith-based schools and same-sex marriages: balancing religious beliefs and anti-discrimination laws” with Professor Charles Russo, Compliance, Creativity and Culture: balancing regulatory demands and educational values, ANZELA 25th Annual Conference, Rydges Hotel, Auckland NZ, 28-30 September, 2016.
    • “The under-theorisation of freedom of conscience and religion in Polynesia”, The Institute for Ethics and Society, The University of Notre Dame Australia, Darlinghurst Campus, September 14-15, 2016.
    • “A Commonwealth Religious Discrimination Act for Australia?”, Religious Liberty and the Varieties of Diversity, The University of Notre Dame Australia, Sydney School of Law, August 18-19, 2016
    • “Religious Freedom and Revelation”, J Reuben Clark Law Society, Hamilton NZ, June 3-5, 2016.
    • “Contemporary Applications of Magna Carta Principle”, The Magna Carta after 800 years, Campion College at the Menzies Hotel, Sydney, November 28, 2015.
    • "Religious Freedom as an Issue in Education Law", ANZELA Conference, Brisbane, Australia, September 28-20, 2015.
    • "The liberties of the Church and the City of London in the Magna Carta", Magna Carta and Freedom of Religion or Belief, Oxford Journal of Religion and the International Center for Law and Religion, Brigham Young University, St Hughes College, Oxford, England, June 22-24, 2015.
    • "Public Reason’ is only reasonable under US Establishment Clause Jurisprudence”, Religious Communities: Adopting. Modifying or Rejecting Rights Discourse, Macquarie Law School, February 12, 2015.
    • "Law, Religion and Economic Issues”, G20 Interfaith Summit, Gold Coast, Australia, November 16-19, 2014.
    • "Cultural Values – Africa, Asian, Western – or Absolute?” – International Society for Africa Philosophy and Studies, 16th Annual Conference, University of Ghana, Legon, Accra, Ghana - March 18, 2010.
    • “The Doctrine of Religious Confession Privilege” – J Reuben Clark Law Society Conference, Auckland, New Zealand – June 2008; Otago University – August 2008; J Reuben Clark Law Society International Conference, Harvard Law School, Boston, USA – February 2009
    • “The Fundamentality of Freedom of Religion” – Religious Studies Department, Victoria University, Wellington, New Zealand – December 2002
    • “Religion is still a valid Charitable Objective in 2001" – Queensland University of Technology – October 2001
    • “Clergy in the Cross-fire – Personal Confidante or Police Informant?” – J Reuben Clark Law School, Brigham Young University, Utah USA – 4 October 2000
    • “Same-sex marriage in Australia and New Zealand” – Family Law, J Reuben Clark Law School, Brigham Young University, Utah USA – 4 October 2000
    • “Religious Freedom in the Pacific” – J Reuben Clark Law School, Brigham Young University, Utah USA – October 1997
    • “The Product Liability Crisis: The American Perspective and the New Zealand Perspective” – November 1987
    • “A Case Study: The future of the New Zealand Kiwifruit Industry” – October 1986

  • Original creative works

    Messiah II, the Second Witness, an Oratorio.

  • Community engagement

    • Managing Director of SEIROS, an economic think tank (www.seiros.study)
    • National Public Communications Director, The Church of Jesus Christ of Latter-day Saints

    Voluntary LDS Church service as follows:
    - 2 years service as a full-time missionary in the NZ Wellington and Christchurch Missions (1976-1978)
    - 8 years service as President or Counsellor to the Stake President (Diocesan Bishop) (1983-1991).
    - 12 years service as Bishop or Counsellor in a local ward (parish)(1981-1983; 1991-1995; 2006-2009; 2012-2015).
    - 18 months full time service as President of the NZ Wellington Mission (1995-1996).
    - Regular and continuous service as a Teacher and Leadership Instructor in a variety of auxiliaries for 35 years.
    - 12 years service as an Ordinance Worker in various Temples (Hamilton NZ, Sydney Australia, Johannesburg South Africa and Accra Ghana.

    Community Service: - Regular involvement in collections for various charities; preparing food for bush fire brigades; soup kitchen involvement and home care service projects for the challenged and elderly for more than 40 years.

    Law Reform Submissions:

    • Submission of the Wilberforce Foundation dated October 14, 2015 to the South Australian Parliament in relation to the Statutes Amendment (Decriminalisation of Sex Work) Bill 2015.
    • Submission (with Neville Rochow, Cole Durham and Elizabeth Clark) dated September 26, 2015 to the Australian Human Rights Commission for the Religious Freedom Roundtable to be held in Sydney on Thursday, 5 November 2015
    • Submission dated September 21, 2015 at the Australian Law Reform Commission's Adelaide Roundtable on Law and Religion responding to the Commission's Interim Report entitled "Traditional Rights and Freedoms – Encroachment by Commonwealth Laws"
    • Submission of the Wilberforce Foundation dated August 18, 2015 to the NSW Select Committee on the Regulation of Brothels.
    • Submission of the Wilberforce Foundation dated March 24, 2015 to the Victorian Parliament in relation to the Review of the Victorian Adoption Act 1984
    • Submission of the Wilberforce Foundation dated March 24, 2015 to the South Australian Parliament in relation to the Review of the South Australian Adoption Act 1988 and the Adoption Regulations 2004.
    • Submission of the Wilberforce Foundation dated February 26, 2015 to the Australian Law Reform Commission responding to its Issues Paper 46 entitled "Traditional Rights and Freedoms – Encroachments by Commonwealth Laws" dated December 2014.
    • Submission of the Wilberforce Foundation dated November 7, 2014 to the SA Parliament in relation to the Statutes Amendment (Decriminalisation of Sex Work) Bill 2014.
    • Submission dated March 6, 2013 to the NSW Senate in response to a proposed NSW State bill promoting Same Sex Marriage Submission dated January 19, 2012 in response to Australian Government Discussion Paper entitled "Review of Not-for-profit governance arrangements" dated December 2011
    • Submission dated February 2012 in response to Australian Government Discussion Paper entitled "Anti-Corruption Plan Discussion Paper" dated December 9, 2011
    • Submission dated February 2012 in response to Australian Government Discussion Paper entitled "Australian Charities and Not-for-profit Commission: Implementation design" dated December 9, 2011
    • Submission dated April 2012 in response to Australian Government Discussion Paper entitled "Charitable Fundraising Regulation Reform Discussion Paper" dated February 2012
    • Submission dated September 7, 2007 in response to Australian Law Reform Commission Discussion Paper entitled "Client Legal Privilege and Federal Investigatory Bodies" dated November 29, 2006

  • Grants

    • Circa $400,000 for SEIROS research

  • In the Media

    • “Lifting the lid on the confessional won’t protect children, but it will return us to the Dark Ages”, The Australian, Friday, August 23, 2019

  • Professional affiliations

    • Solicitor, New South Wales Law Society
    • Notary Public, Society of Notaries of NSW
    • Senior Fellow on the International Law and Religion Center, J Reuben Clark Law School, Provo, Utah
    • Fellow of The Australian and New Zealand College of Notaries
    • Associate of the Chartered Institute of Arbitrators, London
    • Admitted as Barrister and Solicitor of Supreme Court of New Zealand (now High Court) – 1981
    • Admitted as Solicitor of Supreme Court of New South Wales – 1992
    • Admitted as Solicitor of Federal Court of Australia – 1992
    • Admitted as Barrister and Solicitor of High Court of Kiribati – 1992
    • Appointed as Public Notary by the Supreme Court of New South Wales – 2002
    • Senior Fellow of the International Center for Law and Religion Studies, J Reuben Clark Law School, Brigham Young University, Utah (FICLRS) – 2004
    • Fellow of the Australia New Zealand College of Notaries (FANZCN) – 2007