PRINCIPLES OF ADMINISTRATIVE LAW

LAW5PAD

2017

Credit points: 15

Subject outline

This subject principally examines the legal 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. The subject also examines administrative law and practice through the lens of administrative law and public law theory.




SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDarren O'Donovan

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5PMI, LAW5SIN

Co-requisitesN/A

Incompatible subjects LAW3ADM, LAW3ADN

Equivalent subjectsN/A

Special conditions Must be admitted to JD degree.

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAdministrative Law (Focus), latest editionPreliminaryR Douglas and M HylandLexisNexis Butterworths
ReadingsDouglas and Jones#s Administrative Law, latest editionPrescribedR DouglasFederation Press
ReadingsAdministrative Law (LexisNexis Questions and Answers), latest editionRecommendedJ Barnes and R DouglasLexisNexis Butterworths

Graduate capabilities & intended learning outcomes

01. Be able to analyse and discuss administrative law and public law theory, and learn independently

Activities:
Workshops Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

02. Be able to locate, analyse, and interpret previously unfamiliar primary decision-making legislation and relevant extrinsic materials

Activities:
Tutorials Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

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

Activities:
Tutorials Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

04. Be able to formulate, by means of legal drafting, the possible outcome of an application to an Administrative Law review mechanism

Activities:
Tutorials Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

05. Be able to evaluate whether a client's goals are likely to be achieved by any recourse by the client to an Administrative Law review mechanism

Activities:
Tutorials Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

06. Be able to demonstrate knowledge that integrates administrative law and public law theory with administrative law and practice

Activities:
Tutorials and workshops Formative assessment: Tutorial and Workshop Participation and Assignment
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

Subject options

Select to view your study options…

Start date between: and    Key dates

City Campus, 2017, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorDarren O'Donovan

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.0 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

WorkShop Week: 31 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.

Lecture Week: 31 - 43
One 4.0 hours lecture per study period from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Online quiz (1,000 words equivalent)Multiple choice10 03
Tutorial and Workshop Participation and Assignment (1,550 words equivalent)This assignment has a number of components including: oral presentation at the workshop; a written paper presented to the workshop; a tutorial assignment case analysis; and a tutorial assignment problem. Students must attend all of the workshops to be credited with the component for workshop participation.25 01, 02, 03, 04, 05
End-of-Semester Assignment Problem (2,200 words) Passing the End-of-Semester Assignment Problem 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 Problem, the student receives an SAHA grade. The University Hurdles Procedures - Additional (Supplementary) Assessment policy then applies. If and only if the student passes the Additional (Supplementary) Assessment, the stude50 02, 03, 04, 05
End-of-Semester Assignment Essay (1,000 words)15 01, 06