Year
2024Credit points
10Campus offering
Prerequisites
LAWS104 Foundations of Law and Legal Research , LAWS107 Introduction to Australian Public Law
Teaching organisation
4 hours per week for twelve weeks or equivalent.Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
This level four unit contributes to the development of:
- advanced theoretical and technical knowledge in the field of Administrative Law
- advanced, cognitive, technical and communication skills and the ability to apply these to complex Administrative law problems
- advanced research and writing skills.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
| Learning Outcome Number | Learning Outcome Description |
|---|---|
| LO1 | Review, analyse, consolidate and synthesise knowledge to identify and provide solutions to complex problems in relation to Administrative Law including Australia's system of responsible government, the rule of law and the separation of powers; Crown immunity and Freedom of Information; judicial review of administrative decisions including the remedies available to individuals at common law and under statute. |
| LO2 | Apply technical skills to design and conduct research in this field including the ability to apply the law to factual situations and thereby advise clients and others of their rights and obligations in those situations; using statutory interpretation in the exercise and supervision of governmental power. |
| LO3 | Communicate in a clear and coherent manner knowledge and ideas in this field. |
Content
Topics will include:
- An Introduction to Administrative Law
- Merits Review and the AAT
- The Ombudsman
- Investigatory bodies
- Freedom to/from Information
- Privacy
- Reviewing Delegated Legislation
- Judicial Review - The Commonwealth and State Statutory Frameworks
- Grounds for Judicial Review (Natural Justice, Relevant and Irrelevant Considerations, Improper Purpose, Unauthorised Decision Making, Unreasonableness and Executive Policy or Direction, Bias)
- Reasons for Decisions
- Remedies
This content reflects the academic areas of knowledge required for accreditation, Schedule 1, Legal Profession Admission Rules 2015.
(a) Organisation and structure of the administration
(b) Administrative law theory
(c) Common law and statutory avenues of judicial review at Commonwealth and State level
(d) Grounds of judicial review
(e) Remedies
(f) Crown immunity
(g) Administrative Appeals Tribunal
(h) Statutory review
(i) Freedom of information,
or Topics of such breadth and depth as to satisfy the following guidelines:
The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes.
Learning and teaching strategy and rationale
Mode:Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration:4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level four compulsory “Priestley” unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in intensive, weekly or online mode. We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising Canvas.
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes |
|---|---|---|
Research assignment. Essay or problem question on nominated topics applying principles, knowledge, research and communication skills. | 50% | LO1, LO2 |
Final Examination. Essay and or problem questions. Examination will be completed online via Canvas. | 50% | LO1, LO2, LO3 |
Representative texts and references
Michael Head, Administrative Law: Context and Critique (Federation Press, 4th Ed, 2017) (‘MH’)
Peter Cane and Leighton McDonald; Cases and Materials for Principles of Administrative Law, (Oxford, 2nd edition, 2013) (‘CM’)*
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Michele M Asprey, Plain Language for Lawyers (The Federation Press, 4th, 2010)
David Clark, Introduction to Australian Public Law (LexisNexis, 4th ed, 2013)
Dennis Pearce and Robert Geddes, Statutory Interpretation in Australia (LexisNexis, 8th ed, 2014)
Michelle Sanson, Statutory Interpretation (Oxford University Press, 2012)
Alternative Law Journal