Administrative Law (7018.4)

The scope of potential judicial review of administrative action and the impact that this has on the functions of the administrator make up the central part of this subject. The instances when administrative bodies are required to follow the principles of natural justice have expanded significantly in recent years and thus the circumstances in which natural justice needs to be invoked and the requirements of natural justice are considered. The traditional controls exercised by the courts over administrative action are examined as well as the recent major legislative innovations in this field involving the Ombudsman, the Administrative Appeals Tribunal and Judicial Review by the Federal Court. The unit also examines aspects of the Commonwealth Freedom of Information Act and the Privacy Act.

Learning outcomes

On successful completion of this unit, students will be able to:
1. The role of administrative law in Australian law andgovernment;
2. The common law principles and concepts ofadministrative law;
3. The law and principles governing judicial and administrative review of administrative decisions in the Australian federal system of law and government; and
4. The role and functions of the Commonwealth Ombudsman.

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 - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
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 - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Skills development

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.

Prerequisites

Completion of Legal Systems or equivalent.