| Semester 2, 2021 Online | |
| Short Description: | Advanced Administrative Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
| Version produced : | 14 April 2021 |
Staffing
Examiner: Simon Young
Requisites
Pre-requisite: LAW5211
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
This is a core course in the Juris Doctor program. It has a national focus, but specifically is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the administrative law area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld). It deals with core elements of administrative law, including: organisation and structure of the administration; administrative law theory; common law and statutory avenues of judicial review at Commonwealth and State level; grounds of judicial review; remedies; crown immunity; Administrative Appeals Tribunal; statutory review and freedom of information.
Synopsis
Government agencies and officials constantly make decisions that affect us. Administrative law is the body of law that defines the responsibilities of these decision-makers (ensuring amongst other things that correct processes are followed and powers not exceeded), and provides avenues of challenge for aggrieved persons and bodies.
Administrative law is the second major component of domestic `public law' (the law governing the exercise of public power). Whilst constitutional law focuses principally on the validity of legislation, administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.
The course first examines the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant issues of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.
Objectives
On successful completion of this course students should be able to:
- Demonstrate an advanced and integrated understanding [by application and evaluation] of a complex body of [administrative law] knowledge and underlying principles and concepts; the broader contexts within which [these] legal issues arise; the [relevant] principles and values of justice and of ethical practice in lawyers’ roles; and of contemporary developments in law, and its professional practice (PO1/TLO1).
- Identify and articulate complex [administrative law] legal issues; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [from the administrative law perspective] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
- Learn and work with a high level of autonomy, accountability and professionalism; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
- Identify applicable legislation and delegated legislation, explain [relevant] principles of statutory interpretation [in the administrative law context] and deploy appropriate techniques in the course of solving interpretative problems (PO7).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | Organisation and structure of the administration, [and administrative law], administrative law theory [Admission Rules 7(1), (2)] | 8.00 |
| 2. | Grounds of judicial review [Admission Rules 7(4)] | 36.00 |
| 3. | Common law and statutory avenues of judicial review at Commonwealth and State level [Admission Rules 7(3)] | 8.00 |
| 4. | Remedies [and standing] [Admission Rules 7(5)] | 16.00 |
| 5. | Crown immunity [Admission Rules 7(6)] | 4.00 |
| 6. | Administrative Appeals Tribunal and statutory review [Admission Rules 7(7), (8)] | 16.00 |
| 7. | [The Ombudsman and the ‘integrity sector’] | 8.00 |
| 8. | Freedom of information [Admission Rules 7(9)] | 4.00 |
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://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW5221)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(Check for availability as eBook via Library Search on the USQ library website.)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed Study | 50.00 |
| Private Study | 75.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| COURSE ENGAGEMENT | 10 | 10 | 13 Jul 2021 | 1,2 | (see note 1) |
| ONLINE TEST | 10 | 10 | 02 Aug 2021 | 3,5,6 | (see note 2) |
| ASSIGNMENT | 20 | 20 | 06 Sep 2021 | 1,2,3,4,5,6 | |
| EXAMINATION | 60 | 60 | End S2 | 1,2,4,5,6 | (see note 3) |
Notes
- Students will be advised of details and precise dates at the commencement of semester.
- Students will be advised of details and precise dates at the commencement of semester.
- This is an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.
Important assessment information
-
Attendance requirements:
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. -
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:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2). -
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. -
Examination information:
This will be an open examination. Candidates may have access to any printed or written material 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.
Assessment notes
-
Referencing in assignments:
Students studying this course as part of a Law degree 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 or contact the Law librarian.