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LAW3202 Administrative Law

Semester 2, 2011 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law

Contents on this page

Staffing

Examiner: Nicky Jones
Moderator: Anthony Gray

Requisites

Pre-requisite: LAW2202 and LAW3201

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 <//www.usq.edu.au/current-students/ict/hardware-software>.

Synopsis

Government departments and officials constantly make decisions that affect the rights of individuals. Administrative law is the body of common law, statute law and procedural rules through which government institutions and bureaucratic actions are supervised and regulated. 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 be able to:

  1. understand the principles of judicial review of administrative action at both the state and federal levels of government in Australia
  2. understand the limits on the powers of the courts to engage in judicial review of administrative action and the constitutional protection of such review
  3. reflect on the principal ways in which administrative action can be reviewed by non-judicial mechanisms and how particular administrative law institutions fit into the overall administrative law system
  4. assess the effectiveness of administrative law remedies
  5. explain the legal principles relevant to the topics considered in this course
  6. apply administrative law principles to resolve complex practical problems
  7. research and analyse primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course
  8. present their analyses and applications of administrative law principles in the form of well-written arguments that are appropriately structured, developed, supported and referenced
  9. think critically about administrative law, its underpinning values and its impact on administrative decision-making
  10. demonstrate satisfactory communication skills.

Topics

Description Weighting(%)
1. Introduction to administrative law 5.00
2. Standing 5.00
3. Nature of judicial review 20.00
4. Grounds of review 30.00
5. Remedies 10.00
6. Administrative appeals tribunal 10.00
7. Internal review 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=2011&sem=02&subject1=LAW3202)

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 have been arranged to be made 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.
  • 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 Objectives assessed Graduate skill Level assessed Notes
ASSIGNMENT 40 40 15 Sep 2011 All U1,U2,U3,U4,U7,U8,U9 3,3,3,3,3,3,3
2-HOUR EXAMINATION 60 60 End S2 All U1,U2,U3,U4,U7,U8,U9 3,3,3,3,3,3,3 (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.

Graduate qualities and skills

Elements of the following USQ Graduate Skills are associated with the sucessful completion of this course.
Ethical research and enquiry (U1)Advanced (Level 3)
Problem solving (U2)Advanced (Level 3)
Academic, professional and digital literacy (U3)Advanced (Level 3)
Written and oral communication (U4)Advanced (Level 3)
Cultural literacy (U7)Advanced (Level 3)
Management, planning and organisational skills (U8)Advanced (Level 3)
Creativity, initiative and enterprise (U9)Advanced (Level 3)

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 assignments 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 assignment 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/portal/custom/search/category/usq_document_policy_type/Student.1.html.

Assessment notes

  1. Referencing in assignments: Students studying this course as part of a Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Bachelor of Laws may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at <//www.usq.edu.au/library/referencing>, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at <//www.usq.edu.au/library/referencing>.

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 <//www.usq.edu.au/current-students/ict/hardware-software>.