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.
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 LAW5SIN - STATUTORY INTERPRETATION
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Administrative Law (LexisNexis Questions and Answers), latest edition | Recommended | J Barnes and R Douglas | LexisNexis Butterworths |
| Readings | Control of Government Action: Text, Case & Commentary; Latest Edition, | Prescribed | Creyke, Groves, McMillan & Smith | Lexis Nexis Australia |
Graduate capabilities & intended learning outcomes
01. Advance to critically analyse issues of administrative law and public law theory, and learn independently
- Activities:
- Seminar Participation and Assignment
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)
02. Employ Critical analysis to interpret complex change.
- Activities:
- Seminar Participation and Assignment
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)
03. Compose clear legal opinions which address, a range of complex problems for advice based on Administrative Law.
- Activities:
- Seminar activities Formative assessment: Seminar Participation and Assignment
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)
04. Analyse case management situations, and conclude whether clients' aims are likely to be achieved by recourse by the client to administrative law review.
- Activities:
- Formative assessment: Seminar Participation and Assignment
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)
05. Formulate submissions of high professional standard to address issues of administrative law before courts and tribunal
- Activities:
- Formative assessment: Seminar Participation and Assignment
- Related graduate capabilities and elements:
- Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)
Subject options
Select to view your study options…
City Campus, 2020, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorDarren O'Donovan
Class requirements
Lecture/Seminar
Week:
10
-
22
One 2.5 hours lecture/seminar per week
on weekdays
at night
from week 10 to week 22
and delivered via blended.
Unscheduled Online Class
Week:
10
-
22
One 6.0 hours unscheduled online class per study period
on weekdays
during the day
from week 10 to week 22
and delivered via online.
Assessments
| Assessment element | Comments | % | 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) | 30 | 01, 02, 03, 04, 05 |
| 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) | 50 | 01, 05 |
| 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) | 20 | 01, 05 |