Offering Information
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Course Team
Jeremy Patrick
Susanne Schultz
Deborah Loader
Simon Young
Summary
This is a core course in the Bachelor of Laws program. It has a national focus, but specifically is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the administrative law area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld). It … For more content click the Read More button below.
SynopsisGovernment agencies and officials constantly make decisions that affect us. Administrative law is the body of law that defines the responsibilities of these decision-makers (ensuring amongst other things that powers are not exceeded and correct processes are followed). It also provides avenues of challenge for aggrieved persons and bodies.
Administrative law is the second major component of domestic 'public law' (the law governing the exercise of public power). Prior study in constitutional law focused principally on the validity of legislation. Administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.
The course first focuses on the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant questions of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the core non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.
Administrative law is the second major component of domestic 'public law' (the law governing the exercise of public power). Prior study in constitutional law focused principally on the validity of legislation. Administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.
The course first focuses on the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant questions of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the core non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.
Requisites
Course Pre-requisites
Other Requisites or Enrolment Rules
Other
Other Requirements
Other
Offerings
Trimester 2
OL-TWMBA-TR2
ON-IPSCH-TR2
ON-TWMBA-TR2
Learning Outcomes
Upon completion of this course, graduates will be able to:
1.
Demonstrate an understanding [by application and evaluation], of a coherent body of [administrative law] knowledge and underlying principles and concepts; of the broader contexts within which [these] legal issues arise; and of the [relevant] principles and values of justice and of ethical practice in lawyers’ roles (PO1/TLO1).
2.
Identify and articulate [administrative law] legal issues; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
3.
Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [from the administrative law perspective] (PO4/TLO4).
4.
Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
5.
Learn and work independently; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
6.
Identify applicable legislation and delegated legislation, explain [relevant] principles of statutory interpretation [in the administrative law context] and deploy appropriate techniques in the course of solving interpretative problems (PO7).
Topics
1. Organisation and structure of the administration [and administrative law], administrative law theory [Admission Rules 7(1), (2)]
2. Grounds of judicial review [Admission Rules 7(4)]
3. Common law and statutory avenues of judicial review at Commonwealth and State level [Admission Rules 7(3)]
4. Remedies [and standing] [Admission Rules 7(5)]
5. … For more content click the Read More button below.
6. Administrative Appeals Tribunal and statutory review [Admission Rules 7(7), (8)]
7. [The Ombudsman and the 'integrity sector']
8. Freedom of information [Admission Rules 7(9)]
Assessments
Assessment due dates (as listed in Week Due) are indicative until finalised by the end of Week 1 for each Study Period (Offering). After Week 1, Assessment due dates may change with the approval of the Dean (Academic) or Delegate in limited circumstances. All Assessment due date changes approved after Week 1 will be communicated to students accordingly via Handbook and StudyDesk.