LAW5702 Advanced Administrative Law
|Semester 2, 2012 On-campus Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||30 December 2013|
Examiner: Lynda Crowley-Cyr
Moderator: Vanitha Sundra-Karean
Pre-requisite: LAW5501 and LAW5502
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
Government departments and officials constantly make decisions that affect the rights and interests of individuals. Administrative law is the body of common law, statute law and procedural rules that define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a system that supervises and regulates bureaucratic actions and government institutions. This course examines the rights of individuals to challenge government decisions and actions and considers the kinds of processes that government bodies need to follow in order to be seen to have followed correct process. Students will be asked to evaluate the effectiveness of administrative law principles and institutions in ensuring good and transparent decision-making by governments.
On successful completion of this course students have:
broad and coherent theoretical and technical knowledge of underlying principles, mechanisms and actors concerning:
a. administrative law in Australia
b. communication (written) (TLO 5)
c. self-management (personal and professional), (TLO 6).
expanded existing legal knowledge and cognitive, creative and technical skills to demonstrate deeper learning through application of knowledge and skills with initiative, critical thought and judgment in:
a. written communications – especially, to competently present and transmit clear, coherent new knowledge and ideas about:
i. the operation of administrative law mechanisms (local and national)
ii. professional and ethical communication (sensitive to context and audience)
iii. identifying and solving complex problems associated with ‘statutory interpretation’
b. self-management – especially, to be resilient to changing environments by demonstrating personal and professional development of judgment and confidence to:
i. learn and work autonomously
ii. manage change through reflection, review and assessment of the self (capabilities and performance) from incoming information and feedback (that is, reflexivity/emotional intelligence)
iii. embrace responsibility for decisions and actions.
|1.||Introduction to administrative law||5.00|
|3.||Nature of judicial review||20.00|
|4.||Grounds of review||30.00|
|6.||Administrative Appeals Tribunal||10.00|
|7.||Internal review and the Ombudsman||10.00|
|8.||Freedom of information||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=02&subject1=LAW5702)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Cane, P & McDonald, L 2008, Principles of administrative law: legal regulation of governance, Oxford University Press, South Melbourne, Victoria.
Cane, P & McDonald, L 2009, Cases and materials for principles of administrative law: legal regulation of governance, Oxford University Press, South Melbourne, Victoria.
The two prescribed text books will be available as a 'value pack' to students in order to lower the price/cost thereof. This 'value pack' can be purchased from USQ Bookshop at a price that should be substantially less than when buying these two books separately. Please note that these arrangements only apply to purchases through USQ Bookshop.
Douglas, R & Jones, M 2009, Douglas and Jones's administrative law, 6th edn, Federation Press, Leichhardt, New South Wales.
Douglas, R 2004, Administrative law, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
Lane, WB & Young, S 2007, Administrative law in Australia, Thomson Lawbook Co, Pyrmont, New South Wales.
Student workload requirements
|Lectures and Tutorials||36.00|
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|RESILIENCE PLAN||5||5||30 Jul 2012|
|PORTFOLIO 1||25||25||12 Sep 2012|
|PORTFOLIO 2||30||30||15 Oct 2012|
|2-HOUR EXAMINATION||40||40||End S2||(see note 1)|
- The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.
Important assessment information
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assessment items after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assessment item may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments: Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.