Administrative Law

Overview

This unit examines and analyses the law and approaches relating to Australian administrative law. Students will learn about the legal relationship between citizens and the state, as well as how administrative law governs the powers of the state. It outlines the procedures the state must follow when exercising those powers and the remedies available to citizens when the state fails to do so. Understanding administrative law is essential for comprehending how the executive branch of government operates in Australia and the rights and remedies citizens have when interacting with it.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Explain and evaluate Australian administrative law and related policy debates and reform proposals
2. Locate and interpret legislation and policy applicable to administrative law
3. Describe the relationship between case law, legislation and policy
4. Apply administrative law to factual situations and effectively advise and communicate with clients and others about their rights and obligations
5. Conduct administrative law related research and use the results of that research to develop a legal argument

Teaching methods

Hawthorn

Assessment

Content

• Overview and administrative structure
• Historical and constitutional contexts
• Administrative law theory
• Jurisdiction and operation of the ART
• Crown immunity
• Judicial review at common law and under statute
• Grounds for judicial and/or merits review
• Access to judicial and/or merits review
• Restricting access to judicial review
• Tribunals
• Remedies and processes
• Access to information