PRINCIPLES OF ADMINISTRATIVE LAW

LAW5PAD

2020

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.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Darren O'Donovan

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW5SIN - STATUTORY INTERPRETATION

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Control of Government Action: Text, Case & Commentary

Resource Type: Book

Resource Requirement: Prescribed

Author: Creyke, Groves, McMillan & Smith

Year: N/A

Edition/Volume: Latest Edition

Publisher: Lexis Nexis Australia

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Administrative Law (LexisNexis Questions and Answers

Resource Type: Book

Resource Requirement: Recommended

Author: J Barnes and R Douglas

Year: N/A

Edition/Volume: Latest Edition

Publisher: LexisNexis Butterworths

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

DISCIPLINE KNOWLEDGE AND SKILLS

Intended Learning Outcomes

01. Advance to critically analyse issues of administrative law and public law theory, and learn independently
02. Employ Critical analysis to interpret complex change.
03. Compose clear legal opinions which address, a range of complex problems for advice based on Administrative Law.
04. Analyse case management situations, and conclude whether clients' aims are likely to be achieved by recourse by the client to administrative law review.
05. Formulate submissions of high professional standard to address issues of administrative law before courts and tribunal

City Campus, 2020, Semester 1, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Darren O'Donovan

Class requirements

Lecture/SeminarWeek: 10 - 22
One 2.50 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via blended.

Unscheduled Online ClassWeek: 10 - 22
One 6.00 hours unscheduled online class per study period on weekdays during the day from week 10 to week 22 and delivered via online.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Seminar preparation exercises (1,500 words)Between weeks 3-9 students submit two written responses to our weekly classroom discussion scenario (they choose the week to submit)

N/AN/AN/ANo30SILO1, SILO2, SILO3, SILO4, SILO5

Casefile assignment (2000 word equivalent)Students are provided with a casefile from which they prepare submission for a judicial review action (class content from weeks 1-9)

N/AN/AN/ANo50SILO1, SILO5

End of semester assignment (2000 word equivalent)Students are provided with a casefile of facts from which they prepare submission for a merits review action (class content from weeks 10-11)

N/AN/AN/ANo20SILO1, SILO5