Administrative Law PG (11441.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| On-Campus
| UC - Canberra, Bruce
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Post Graduate Level|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Advise on the avenues available to citizens who wish to challenge governmental decision making and action by means of merits review in administrative appeals tribunals and by other institutions, such as the Ombudsman, in Commonwealth and State/Territory spheres, and judicial review;
2. Apply the principles of sound administrative decision making found in the common law and legislation in the pursuit of statutory, common law and equitable remedies and obstacles such as objections to standing and on the basis of crown immunity and justiciability;
3. Identify the policy and import of freedom of information and privacy legislation, and the importance of the New Administrative Law reforms in resolving problems with common law approaches and extending opportunities for scrutiny of governmental decision making;
4. Critically reflect on the suitability of the approaches of Australian Administrative Law in the context of constitutional principles and structure considering contemporary challenges, including common law approaches to protection of civil rights and the impact of human rights legislation; and
5. Solve examples of practical problems in governmental decision making and action through the application of Administrative Law methods.
Graduate attributes1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
This unit facilitates and nurtures student acquisition of all of the Graduate Attributes, although not all of them will be subject to examination in the assessment tasks of the unit.
Prerequisites11751 Legal Methods and Skills G AND 11752 Legal Systems G
- 11282 Administrative Law
Equivalent units7774 Administrative Law PG
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2021||UC - Canberra, Bruce||Semester 1||08 February 2021||On-Campus||Dr Janet Hope|
|2022||UC - Canberra, Bruce||Semester 1||07 February 2022||Flexible||Dr Janet Hope|
Prescribed text (it is strongly recommended that you acquire your own copy):
- Roger Douglas et al, Douglas and Jones' Administrative Law (Federation Press, 8th ed, 2018)
Recommended Texts (you are not expected to acquire any of these, however you might find their approach suits your reading style more and there will be multiple copies on short loan in the library – some are more in-depth and others are more introductory than the prescribed text):
- Mark Aronson, Matthew Groves and Greg Weeks, Judicial Review of Administrative Action and Government Liability (Thomson-Reuters Lawbook, 6th ed, 2017)
- Judith Bannister, Anna Olijnyk and Stephen McDonald, Government Accountability – Australian Administrative Law (Cambridge University Press, 2nd ed, 2018)
- Judith Bannister and Anna Olijnyk, Government Accountability – Australian Administrative Law Sources and Materials (Cambridge University Press, 2018)
- Peter Cane, Leighton McDonald and Kristen Rundle, Principles of Administrative Law (Oxford University Press, 3rd ed, 2018)
- Peter Cane, Leighton McDonald and Kristen Rundle, Cases for Principles of Administrative Law (Oxford University Press, 3rd ed, 2018)
- Robin Creyke, John McMillan and Mark Smyth, Control of Government Action — Text, Cases & Commentary (Butterworths - LexisNexis, 5th ed, 2018)
Submission of assessment items
Extensions & Late submissions
Assessment items in this unit are to be submitted via Canvas. Further instructions will be provided on Canvas as required.
Special assessment requirements
To pass this unit you must obtain a minimum of 50% in the final exam and 50% in the unit overall.
The academic expectations in this unit are scaled to the expectations of a law graduate about to enter practical training prior to legal practice - the required learning outcomes of the unit should be understood in this light.
Students are expected to prepare for and participate in the lectures and tutorials. Ideally, the prescribed reading for a topic should be done in advance of the corresponding class.
Required IT skills
The unit Canvas site is a very significant medium of communication for the unit and at least two items of assessment will be submitted in electronic form. Students need basic computer, internet and word processing skills.
If you feel that you lack these, or any other academic study skills, you should consult Study Skills (link from MyUC).
Your participation can be made much easier by –
- purchasing the prescribed text, instead of using a copy on three hour reserve in the library, and
- having access to computing facilities and the internet at home, instead of using only university computer labs.
Work placement, internships or practicums
This is not a WIL unit, however experience gained through working or volunteering at an organisation with a public administrative role will be extremely useful.
Problem-solving in workshops is based on issues that one can expect to encounter in legal practice.