Semester 2, 2022 Online | |
Units : | 1 |
Faculty or Section : | Faculty of Business, Education, Law and Arts |
School or Department : | School of Law and Justice |
Grading basis : | Graded |
Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Examiner: Deborah Loader
Requisites
Pre-requisite: LAW2211
Overview
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 deals with core elements of administrative law, including: organisation and structure of the administration; administrative law theory; common law and statutory avenues of judicial review at Commonwealth and State level; grounds of judicial review; remedies; crown immunity; Administrative Appeals Tribunal; statutory review and freedom of information.
Government 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.
Course learning outcomes
On successful completion of this course students should be able to:
- 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).
- 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).
- 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).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
- 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).
- 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
Description | Weighting(%) | |
---|---|---|
1. | Organisation and structure of the administration [and administrative law], administrative law theory [Admission Rules 7(1), (2)] | 8.00 |
2. | Grounds of judicial review [Admission Rules 7(4)] | 36.00 |
3. | Common law and statutory avenues of judicial review at Commonwealth and State level [Admission Rules 7(3)] | 8.00 |
4. | Remedies [and standing] [Admission Rules 7(5)] | 16.00 |
5. | Crown immunity [Admission Rules 7(6)] | 4.00 |
6. | Administrative Appeals Tribunal and statutory review [Admission Rules 7(7), (8)] | 16.00 |
7. | [The Ombudsman and the ‘integrity sector’] | 8.00 |
8. | Freedom of information [Admission Rules 7(9)] | 4.00 |
Text and materials required to be purchased or accessed
(Check for availability as eBook via Library Search on the USQ library website.)
Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
Description | Group Assessment |
Weighting (%) | Course learning outcomes |
---|---|---|---|
Viva voce | No | 10 | 1,2,4 |
Quiz | No | 10 | 3,5,6 |
Research (paper) | No | 30 | 1,2,3,4,5,6 |
Time limited online examinatn | No | 50 | 1,2,4,5,6 |