Unit Outline

Administrative Law and Applied Statutory Interpretation deals with the relationship between the citizen and the state. The subject has both a theoretical and a practical perspective. The subject tackles the questions: what is, and what ought to be, administrative law’s role today in Australia? It introduces students to the background and development of the structure of government administration, the privatisation of administrative services in Australia, sources of and controls over administrative discretions, the systems that have developed for the review of actions of administrative agencies and the availability of administrative law remedies. Merits review and other ‘alternative’ mechanisms for challenging administrative action are closely examined.

The first part of the unit examines non-judicial review mechanisms and provides an insight into the complex and dynamic relationship between law and government administration. The unit then examines judicial review of administrative action at common law and under statute, including different grounds of review, distinctions between legality and merits review, and between errors of law and fact, as well as concepts of statutory and administrative discretion and justiciability. Through this process, students will learn and practise their statutory interpretation skills and develop experience in recognising and solving administrative law problems. The course is designed to critically evaluate judicial decisions and administrative law systems that have developed in Australia in relation to concepts of accountability and public duty. It also examines the objectives of administrative law as a branch of public law, and its ability to provide access to justice.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1	Analyse and critically appraise the way administrative law values and principles, underpin the various mechanisms for challenging administrative decisions
2	Recognise, solve, and critically reflect on administrative law problems and issues, and their role in regulating interactions between government policy, administration and the law
3	Write clearly and persuasively to clients and other stakeholders about the application of administrative law principles to factual scenarios
4	Apply statutory interpretation principles to administrative law problems, including to define the scope of statutory powers

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	50 credit points of Intermediate Law core, including successful completion of LAW253
Anti-requisite (mutual excl)	LAW204

Alterations as a result of student feedback

Student feedback has been adopted and incorporated wherever relevant.

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Assessment Task 1: Seminar engagement	See the MyLO site for the due date	10 %	LO1, LO2, LO3, LO4
Assessment Task 2:	Assessment Task 2: Questions and Answers	Week 6	25 %	LO1, LO2, LO3, LO4
Assessment Task 3:	Assessment Task 3: Problem questions	Week 11	25 %	LO1, LO2, LO3, LO4
Assessment Task 4:	Assessment Task 4: Exam	Exam Period	40 %	LO1, LO2, LO3, LO4

Assessment details

Assessment Task 1: Assessment Task 1: Seminar engagement

Task Description:

Students will be assessed across the semester based on a combination of:

1) Submission of seminar papers before the deadline (papers need to be submitted for 4 of the 6 seminars, in weeks 2, 4, 8 and 12. See further details on MyLO);

AND

2) Active engagement in seminar discussions across seminars in weeks 2, 4, 6, 8, 10 and 12 (to be assessed by the seminar leader). This engagement will be assessed on quality and quantity. See the rubric under the Content > Assessment tab.

Students will be assessed on their seminar preparation and engagement across all of the seminars.

Task Length:

Between 500 – 1000 words per seminar paper + engagement within the seminar

Due Date:

See the MyLO site for the due date

Weight:

10 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Critically analyse the way administrative law values and principles underpin various mechanisms for challenging administrative decisions and, if relevant, propose solutions to an administrative law problem or issue	LO1, LO2, LO3, LO4
2	Select, accurately interpret and engage critically with relevant legislation, case law and literature	LO1, LO2, LO3, LO4

Assessment Task 2: Assessment Task 2: Questions and Answers

Task Description:

Assessment Task 2: Questions and answers on non-judicial review mechanisms. Further details to be posted on MyLO.

Due 10am Wednesday, week 6

Task Length:

1200 words

Due Date:

Week 6

Weight:

25 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Critically analyse a theoretical question relating to administrative law	LO1, LO2
2	Select, accurately interpret and engage critically with relevant legislation, case law and literature	LO1, LO2, LO3, LO4
3	Construct a clear, logical and persuasive argument, including by evaluating the operation of administrative law values and relative advantages of different mechanisms for review	LO1, LO3
4	Achieve a high standard of written expression and accurate referencing	LO3

Assessment Task 3: Assessment Task 3: Problem questions

Task Description:

Students will be provided with a problem scenario and asked to address specific questions. The questions will relate to the topic judicial review. Further details will be posted on MyLO.

Due 5pm Monday, week 11

Task Length:

1200 words

Due Date:

Week 11

Weight:

25 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Critically analyse a legal problem question to identify and propose solutions to an administrative law problem or issue	LO1, LO2
2	Select, accurately interpret and engage critically with relevant legislation and case law	LO1, LO2, LO3, LO4
3	Construct a clear, logical and persuasive argument	LO1, LO4
4	Achieves a high standard of written expression and accurate referencing	LO3

Assessment Task 4: Assessment Task 4: Exam

Task Description:

Further details will be posted on MyLO closer to the exam.

Task Length:

3-hour exam

Due Date:

Exam Period

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Critically analyse a legal problem question to identify and propose solutions to an administrative law problem or issue	LO1, LO2, LO3, LO4
2	Select, accurately interpret and engage critically with relevant legislation and case law	LO1, LO2, LO3, LO4
3	Construct a clear, logical and persuasive argument	LO1, LO3
4	Achieve a high standard of written expression and accurate referencing	LO3

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Academic progress review

The results for this unit may be included in a review of your academic progress. For information about progress reviews and what they mean for all students, see Academic Progress Review in the Student Portal.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Academic integrity

Academic integrity is about acting responsibly, honestly, ethically, and collegially when using, producing, and communicating information with other students and staff members.

In written work, you must correctly reference the work of others to maintain academic integrity. To find out the referencing style for this unit, see the assessment information in the MyLO site, or contact your teaching staff. For more detail about Academic Integrity, see Important Guidelines & Support.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.