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 TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAdministrative Law (LexisNexis Questions and Answers), latest editionRecommendedJ Barnes and R DouglasLexisNexis Butterworths
ReadingsControl of Government Action: Text, Case & Commentary; Latest Edition,PrescribedCreyke, Groves, McMillan & SmithLexis 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

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Start date between: and    Key dates

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 elementComments% 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