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Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Intermediate
Former School/College
Pre-requisites
Unit aim
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
Learning outcomes
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 | 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:
-
identify and explain the central principles and the various elements which inform Australia's federal system of administrative law
- GA1:
- GA4:
-
evaluate the differences between review of the lawfulness of a decision, and review of the merits of a decision
- GA1:
- GA4:
-
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:
-
identify and explain the legal and administrative mechanisms by which government officials and agencies may be rendered accountable for their actions
- GA1:
- GA2:
- GA4:
-
analyse the legal and administrative consequences of unlawful administrative action
- GA1:
- GA2:
- GA4:
-
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 texts
- No prescribed texts.