PRINCIPLES OF ADMINISTRATIVE LAW

LAW3ADN

2017

Credit points: 15

Subject outline

This subject principally examines the limitations on the power of the federal and state executive governments to make decisions, and the legal mechanisms available to aggrieved persons for challenging and reviewing the exercise of such powers. The mechanisms examined at the federal level include judicial review of administrative action under the Administrative Decisions (Judicial Review) Act 1977 (Cth), merits review by the Administrative Appeals Tribunal, and investigation by the Commonwealth Ombudsman. Related mechanisms which are examined include rights to be given reasons for decisions upon request, freedom of information schemes and non-legal mechanisms for reviewing government action.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDarren O'Donovan

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW2STA and (LAW1PPL or LAW2PPL)

Co-requisitesN/A

Incompatible subjects LAW3ADM

Equivalent subjectsN/A

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAdministrative Law Supplementary Materials, latest editionPrescribedJ BarnesLA TROBE UNIVERSITY, CURRENT EDN
ReadingsDouglas and Jones's Administrative Law, latest editionPrescribedDouglas, R.FEDERATION PRESS, CURRENT EDN
ReadingsAdministrative Law in Australia, latest editionRecommendedW B Lane and S YoungLAWBOOK CO, CURRENT EDN
ReadingsAdministrative Law, LexisNexis Butterworths Questions and Answers Series, latest editionRecommendedJ Barnes and R DouglasLEXISNEXIS, CURRENT EDN
ReadingsAdministrative law, Butterworths Tutorial Series, latest editionRecommendedR Douglas and M HylandLexisNexis BUTTERWORTHS, CURRENT EDN

Graduate capabilities & intended learning outcomes

01. Be able, as a foundation for Administrative Law analysis and opinion, to research and analyse previously unfamiliar legislation and its legal and policy background.

Activities:
- Lectures will discuss cases dealing with a variety of statutes. - Tutorial preparation exercises and discussion in tutorials are relevant teaching and learning activities. - End-of-semester assignment is a relevant learning activity
Related graduate capabilities and elements:
Inquiry/ Research (Inquiry/ Research)

02. Be able to compose legal opinions which address, in an informed way, a range of problems calling for advice based on Administrative Law.

Activities:
- Subject learning guide provides a general format for legal opinions. - Lectures will introduce the general principles of Administrative Law to be applied. - Tutorial preparation exercises and discussion in tutorials are relevant teaching and learning activities. - End-of-semester assignment is a relevant learning activity
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)

03. Be able to express, by means of legal drafting, the possible outcome of an application to a review mechanism.

Activities:
- Lectures will give precedents of drafting. - Tutorial preparation exercises and discussion in tutorials are relevant teaching and learning activities. - End-of-semester assignment is a relevant learning activity
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)

04. Be able to evaluate the likely effectiveness, in meeting a client's goals, of any recourse to Administrative Law review mechanisms by the client.

Activities:
- Lectures will deal with choice of forum considerations. - Tutorial preparation exercises and discussion in tutorials are relevant teaching and learning activities. - End-of-semester assignment is a relevant learning activity
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)

Subject options

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Start date between: and    Key dates

Melbourne, 2017, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorDarren O'Donovan

Class requirements

Lecture Week: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Tutorial Week: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
End-of-semester assignment, maximum 2,200 wordsPassing the End-of-Semester Assignment is a hurdle. If a student obtains 50 or more marks out of 100 for the subject overall, but has not passed the End-of-Semester Assignment, the student receives an SAHA grade. The University Hurdles Procedures - Additional (Supplementary) Assessment policy then applies. If a student passes the Additional (Supplementary) Assessment, the student then passes the subject.70 01, 03, 02, 04
On-line quizzes (1500 words equivalent)Multiple choice20 01
Tutorial preparation exercises, maximum 800 words in totalGroup work at student's discretion10 01, 02, 04, 03