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LAW5702 Advanced Administrative Law

Semester 2, 2013 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 25 April 2014

Contents on this page

Staffing

Examiner: Anton La Vin
Moderator: Vanitha Sundra-Karean

Requisites

Pre-requisite: LAW5501 and LAW5502

Other requisites

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.

Rationale

Administrative law is a compulsory core course in all law schools in Australia. It is an academic requirement because it is one of the 11 ‘fundamental areas of legal knowledge’ to be acquired for admission by the Supreme Court of the State or Territory to the legal profession. This course encompasses the legal education requirements as described by the Law Admission Consultative Committee and recommended threshold learning outcomes to be achieved by law students.

Synopsis

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.

Objectives

On successful completion of this course students should have:

  1. broad and coherent theoretical and technical knowledge of:
    1. the underlying principles, theory and values of administrative law in Australia
    2. traditional common law remedies for judicial review of administrative action
    3. the range of Commonwealth and State statutory regimes, institutions and remedies
  2. expanded existing legal knowledge and cognitive, creative and technical skills which demonstrates deeper learning through the application of knowledge and skills with initiative, critical thought and judgment in:
    1. written communications – especially: to competently present and transmit clear, coherent knowledge and ideas about the operation of administrative law mechanisms and processes (local and national); in a professional and ethical manner (sensitive to context and audience); and to communicate logically and persuasively when identifying and solving complex problems associated with ‘statutory interpretation’
    2. self-management – especially: to be resilient to changing environments by demonstrating personal and professional development of judgment and confidence to learn and work autonomously; manage change through reflection, review and self-assess (capabilities and performance) from incoming information and feedback (that is, reflexivity/emotional intelligence); and embrace responsibility for decisions and actions.

Topics

Description Weighting(%)
1. Introduction to administrative law 5.00
2. Statutory interpretation and delegated legislation 5.00
3. Common law and statutory judicial review 20.00
4. Standing 5.00
5. Grounds of review 30.00
6. Remedies 10.00
7. Merit review tribunals 15.00
8. Internal review and the ombudsman 5.00
9. Freedom of information 5.00

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=2013&sem=02&subject1=LAW5702)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Cane, P & McDonald, L 2012, Cases and materials for principles of administrative law: legal regulation of governance, 2nd edn, Oxford University Press, South Melbourne, Victoria.
  • Cane, P & McDonald, L 2012, Principles of administrative law: legal regulation of governance, 2nd edn, 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.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Creyke, R & McMillan, J 2012, Control of government action: text, cases and commentary, 3rd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Douglas, R & Jones, M 2009, Douglas and Jones's administrative law, 6th edn, Federation Press, Annandale, 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

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 1 20 20 05 Aug 2013
ASSIGNMENT 2 40 40 23 Sep 2013
2-HOUR EXAMINATION 40 40 End S2 (see note 1)

NOTES
  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

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility 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.

  2. 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.)

  3. 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.

  4. 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.

  5. 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.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. 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.

  8. 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.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Juris Doctor must use the latest edition of 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.

Other requirements

  1. 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.