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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

LAW00051 - Legal Research and Writing OR LAW10157 - Australian Legal System

Unit aim

Provides an introduction to the basic principles of government decision making and to the role of tribunals, courts and the Ombudsman in enabling people to challenge federal government decisions that affect them, including the mechanisms by which the power exercised by governments and public officials may be reviewed and regulated.

Unit content

Topic 1: The framework for challenging and controlling administrative action 
Topic 2: Responsible government and administrative decision-making 
Topic 3: Access to government information 
Topic 4: Merits review 
Topic 5: Judicial review 
Topic 6: Procedural fairness 
Topic 7: Standing to seek review 
Topic 8: Remedies 
Topic 9: The Ombudsman

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.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 describe the elements of the Commonwealth system of administrative law;
2 evaluate the relationship between public administration and legal controls over administrative action;
3 explain the procedures for challenging administrative decisions;
4 explain the procedures for obtaining government documents and reasons for administrative decisions; and
5 identify the remedies which may be available to persons affected by administrative decisions.

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

  1. describe the elements of the Commonwealth system of administrative law;
    • GA1:
    • GA4:
    • GA5:
  2. evaluate the relationship between public administration and legal controls over administrative action;
    • GA1:
  3. explain the procedures for challenging administrative decisions;
    • GA1:
  4. explain the procedures for obtaining government documents and reasons for administrative decisions; and
    • GA1:
    • GA4:
    • GA5:
  5. identify the remedies which may be available to persons affected by administrative decisions.
    • GA1:
    • GA5:

Prescribed texts

  • Withnall Howe, S & Evans, M, 2013, Administrative Law (The LexisNexis Study Guide), 2nd edn, Butterworths/ LexisNexis, Melbourne. ISBN: 9780409339307 (Paperback), 9780409339314 (E-book).
Prescribed texts may change in future teaching periods.