PRINCIPLES OF ADMINISTRATIVE LAW

LAW3ADN

2018

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 and Information Commissioner.

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) AND Admission into; LBLX - Bachelor of Laws (Complementary) LVLGE ; LVLGEB Bachelor of Laws LVLUE ; LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT; LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY; LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC; LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL; LZCRLB Bachelor of Criminology/Bachelor of Laws LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI Laws/Finance LWLAC Laws/Accounting LWLBUS (BU) Laws/Business

Co-requisitesN/A

Incompatible subjects LAW3ADM

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAdministrative Law, LexisNexis Butterworths Questions and Answers Series, latest editionRecommendedJ Barnes and R DouglasLEXISNEXIS, CURRENT EDN
ReadingsControl of Administrative ActionPrescribedR Creyke, J McMillan & M GrovesLEXISNEXIS, CURRENT ED

Graduate capabilities & intended learning outcomes

01. Be able, as a foundation for Administrative Law analysis and opinion, to research and analyse legislative language

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, 2018, 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*
Take home examination (2800 word equivalent)There is a part A and part B to this task70 01, 03, 02, 04
On-line quizzes (500 words equivalent)Multiple choice10 01
Tutorial preparation exercises (1,200 word equivalent)20 01, 02, 04, 03