Course specification for LAW8716

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LAW8716 Government Accountability

Semester 1, 2020 Online
Short Description: Government Accountability
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner:

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

Administrative law is a large and dynamic field of law relating to the supervision and correction of executive government action. It is an important modern application of the ‘rule of law’. This course, ‘Government Accountability’, builds on earlier administrative law study (that focused on core principles and citizen-driven accountability) to build a broader understanding of the more sophisticated and specialised executive accountability mechanisms, the operation of administrative law at the peripheries of conventional governmental activity, and the overall trajectory of relevant evolutions in Australian law. It also seeks to develop students with advanced understanding of key contemporary issues in the field. This content will be particularly useful for students intending to work in or for government, or in any highly regulated field. Students will further develop advanced communication and research skills through various items of assessment.

Synopsis

Government Accountability is available in the Master of Laws, Juris Doctor and Bachelor of Laws (Honours) programs. It explores at an advanced level the evolution of key principles and frameworks in Australian administrative law, and the problematic and now fading `public/private divide'. It examines the drivers, structures and core operations of the bourgeoning `integrity sector' in Australia - which includes auditors-general, anti-corruption bodies, public sector commissioners, freedom of information commissioners and ombudsman offices. The course also focusses in on select contemporary pressure points in current law and policy, and the broader patterns and trajectories that these reflect. It is delivered in four extended seminars (two seminars in each of two weeks), and will involve supervised research tasks and assignments.

Objectives

On successful completion of this course students should be able to:

  1. evaluate developments in chosen areas of Australian administrative law and policy (and government accountability more generally), and critically examine the relationship between those developments and contemporary theory and practice (PO 1).
  2. undertake, interpret and evaluate legal research on administrative law and policy (and government accountability) using advanced legal research methodologies and techniques (PO 3).
  3. articulate advanced knowledge of relevant law and policy in specific and broader written communications (PO 4).

Topics

Description Weighting(%)
1. Overview and the public/private divide 25.00
2. Integrity frameworks and current issues in non-judicial review 25.00
3. Administrative law evolution and select current issues (part 1) 25.00
4. Administrative law evolution and select current issues (part 2). 25.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW8716)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Creyke, R, Groves M, McMillan, J & Smyth, M 2019, Control of government action: text, cases and commentary, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales (or later edition).

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Aronson, M , Groves, M & Weeks, G 2017, Judicial review of administrative action and government liability, 6 (or later) edn, Thomson Reuters, Sydney, New South Wales.
Groves, M & Lee, HP 2007, Australian administrative law: fundamentals, principles, and doctrines, Cambridge ¾«¶«´«Ã½app Press, Port Melbourne, Victoria.
Groves, M 2014, Modern administrative law in Australia: concepts and context, Cambridge ¾«¶«´«Ã½app Press, Port Melbourne, Victoria.
Lane, WB & Young, S 2007, Administrative law in Australia, Thomson Reuters, Sydney, New South Wales.
(or later edition.)
Weeks, G & Groves, M 2019, Australian administrative law: fundamentals, principles and doctrines, The Federation Press, Annandale, New South Wales.
The examiner will during the teaching semester advise students via USQ¾«¶«´«Ã½appDesk of further recommended reference materials including articles, law reform reports etc.

Student workload expectations

Activity Hours
Assessments 100.00
Directed and Private ¾«¶«´«Ã½app 65.00

Assessment details

Description Marks out of Wtg (%) Due Date Objectives Assessed Notes
DIRECTED RESEARCH PROBLEM 40 40 13 Apr 2020 1,3
RESEARCH PAPER (PROPOSAL) 10 10 04 May 2020 1,3
FINAL RESEARCH PAPER 50 50 03 Jun 2020 1,3

Important assessment information

  1. Attendance requirements:
    There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. ¾«¶«´«Ã½app Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .

Assessment notes

  1. Referencing in assignments: Students studying this course must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian.

Date printed 19 June 2020