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Unit of Study LAW00117 - Administrative Law (2015)

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Unit Snapshot

Unit description

Studies how the law makes public decision-makers accountable for how they exercise their discretions, powers, and duties. Various control mechanisms - particularly courts, merits appeals tribunals, Ombudsman, Freedom of Information (FoI) and privacy legislation at Commonwealth level - aim at curbing bureaucratic mistakes and excesses, and at ensuring sound, rational, and consistent decision-making by governments.

Unit content

Topic 1: The framework of Australian administrative law

Topic 2: Rule-making and control of subordinate legislation; Executive power and policy

Topic 3: Access to government information

  • Freedom of information
  • Reasons
  • Privacy

Topic 4: The framework for challenging and controlling government action: Judicial review

Topic 5: The framework for challenging and controlling government action: Merits review

Topic 6: Other methods of administrative law review

  • Ombudsman
  • Human rights agencies
  • Alternative dispute resolution

Topic 7: Standing to seek review: Common law and statutory tests for standing

Topic 8: Judicial review and the criteria for lawful decision-making: Unauthorised decision-making

Topic 9: The criteria for lawful decision-making

  • Legislative scope and purpose
  • Law, fact and evidence

Topic 10: The criteria for lawful decision-making

  • Breach of statutory duty
  • Wednesbury unreasonableness

Topic 11: Natural justice/procedural fairness

  • Application
  • The hearing rule
  • The rule against bias

Topic 12: Remedying unlawful government action

  • The consequences of unlawful decision-making
  • Constitutional writs and statutory remedies

Availabilities

Location Domestic International
Gold Coast Session 2 Session 2
Lismore Session 2 Session 2
Online Session 2 Session 2

Learning outcomes and graduate attributes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
Learning outcome count Learning outcome description GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 identify and explain the central principles and the various elements which inform Australia's federal system of administrative law
2 evaluate the differences between review of the lawfulness of a decision, and review of the merits of a decision
3 demonstrate an understanding of the legal and administrative mechanisms by which the actions and decisions of government officials and agencies may be challenged
4 identify and explain the legal and administrative mechanisms by which government officials and agencies may be rendered accountable for their actions
5 analyse the legal and administrative consequences of unlawful administrative action
6 apply the relevant legal principles to identify the remedies available to persons whose interests have been affected by the unlawful exercise of administrative power.

On completion of this unit, students should be able to:

  1. identify and explain the central principles and the various elements which inform Australia's federal system of administrative law
    • GA1:
    • GA4:
  2. evaluate the differences between review of the lawfulness of a decision, and review of the merits of a decision
    • GA1:
    • GA4:
  3. demonstrate an understanding of the legal and administrative mechanisms by which the actions and decisions of government officials and agencies may be challenged
    • GA1:
    • GA2:
    • GA4:
  4. identify and explain the legal and administrative mechanisms by which government officials and agencies may be rendered accountable for their actions
    • GA1:
    • GA2:
    • GA4:
  5. analyse the legal and administrative consequences of unlawful administrative action
    • GA1:
    • GA2:
    • GA4:
  6. apply the relevant legal principles to identify the remedies available to persons whose interests have been affected by the unlawful exercise of administrative power.
    • GA1:
    • GA2:
    • GA4:

Prescribed learning resources

Prescribed Texts
  • No prescribed texts.

Prescribed Learning Resources may change in future Teaching Periods.