Administrative Law PG (11441.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Flexible
| UC - Canberra, Bruce
UC - Canberra, Online
|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
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
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
Incompatible units11282 Administrative Law
Equivalent units7774 Administrative Law PG
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2022||UC - Canberra, Bruce||Semester 1||07 February 2022||Flexible||Dr Janet Hope|
|2023||UC - Canberra, Bruce||Semester 1||06 February 2023||Flexible||Dr Janet Hope|
|2023||UC - Canberra, Online||Study Block 4||03 July 2023||Online||Prof Alison Gerard|
Prescribed text -- all students will require access to this textbook in order to complete weekly assessment tasks:
- Peter Cane, Leighton McDonald and Kristen Rundle, Principles of Administrative Law (Oxford University Press, 3rd 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):
- Roger Douglas et al, Douglas and Jones' Administrative Law (Federation Press, 8th ed, 2018)
- 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, 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.
Students who have failed a single unit in their final semester with a final mark between 45-49% are eligible for supplementary assessment in this unit.
Supplementary and/or alternate assessment tasks will not be offered otherwise than in accordance with the Assessment Policy and Assessment Procedure.
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
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 both lectures (1h per week) and workshops (2h per week).
- Students should be aware that information and material relevant to assessment tasks will be covered in workshops as well as lectures.
- Workshops may not be recorded due to their active learning format and the use of breakout rooms in online classes.
- Students are responsible for catching up on any missed classes, including workshops, in their own time.
- Minimum information required for catch-up purposes will be provided on Canvas, but this cannot be guaranteed to be timely or exhaustive. Peers may choose to assist each other with detailed catch-up information. This can be facilitated via Canvas discussion board.
- Based on the above, students are strongly encouraged to plan their work and other commitments to allow for regular workshop attendance.
Required IT skills
Students need basic computer, internet and word processing skills and the ability to teach themselves how to use simple web-based apps.
If you feel that you lack these, or any other academic study skills, please 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