Administrative Law
Overview
This unit enables students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and competence in Australian administrative law. Students learn the legal relationship between the citizen and the state. Administrative law regulates the powers of the state and prescribes the procedures the state must follow when exercising those powers and the remedies available to citizens when it does not do so. Knowledge of administrative law is essential to understanding the law governing the operation of the executive branch government in Australia and the rights and remedies of citizens when dealing with it.
Requisites
09-June-2024
27-October-2024
09-February-2025
Learning outcomes
Students who successfully complete this unit will be able to:
- Describe and evaluate Australian administrative law and related policy debates and reform proposals
- Locate and interpret legislation applicable to administrative law and use Hansard and other extrinsic aids to assist with its interpretation
- Describe the relationship between case law and legislation, and the importance of the history of a statutory provision to its interpretation
- Apply administrative law to factual situations and effectively advise and communicate with clients and others about their rights and obligations
- Conduct administrative law related research and use the results of that research to develop a legal argument
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Case Studies | Individual | 30 - 50% | 1,2,3,4,5 |
| Examination | Individual | 50 - 70% | 1,2,3,4 |
Content
- Overview and administrative structure
- Historical and constitutional contexts
- Administrative law theory
- Jurisdiction and operation of the AAT
- Crown immunity
- Judicial review at common law and under statute
- Grounds for judicial review
- Access to judicial review
- Restricting access to judicial review
- Tribunals and merits review
- Remedies and processes
- Access to information
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.