Administrative Law PG (11441.1)

The legal avenues available to citizens who wish to challenge governmental decision making and action that they consider flawed are the subject areas of this unit. Those avenues include merits review by institutions such as the Ombudsman and administrative appeals tribunals (appeal). They also include judicial review by superior courts in Commonwealth and State/Territory spheres. The unit introduces freedom of information and privacy legislation. The unit concludes with review of the need for reform of Administrative Law in light of emerging topical issues.

Learning outcomes

After 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 attributes

1. 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
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - evaluate and adopt new technology
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

None.

Incompatible units

11282 Administrative Law

Equivalent units

7774 Administrative Law PG

Assumed knowledge

None.