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LAW5221 Advanced Administrative Law

Interim Trimester 2, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW5211

Overview

This is a core course in the Juris Doctor 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:

  1. Demonstrate an advanced and integrated understanding [by application and evaluation] of a complex 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; and of contemporary developments in law, and its professional practice (PO1/TLO1).
  2. Identify and articulate complex [administrative law] legal issues; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions - as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [from the administrative law perspective] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Learn and work with a high level of autonomy, accountability and professionalism; 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).
  6. 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)] 9.00
2. Grounds of judicial review [Admission Rules 7(4)] 37.00
3. Common law and statutory avenues of judicial review at Commonwealth and State level [Admission Rules 7(3)] 9.00
4. Remedies [and standing] [Admission Rules 7(5)] 9.00
5. Crown immunity [Admission Rules 7(6)] 4.00
6. Administrative Appeals Tribunal and statutory review [Admission Rules 7(7), (8)] 18.00
7. [The Ombudsman and the ‘integrity sector’] 9.00
8. Freedom of information [Admission Rules 7(9)] 5.00

Text and materials required to be purchased or accessed

Creyke R, Groves M, McMillan, J & Smyth, M 2021, Control of government action: text, cases and commentary, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales (or later edition).
(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

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Oral Viva voce No 10 1,2,4
Assignments Written Quiz 1 No 10 3,5,6
Assignments Written Research (paper) No 30 1,2,3,4,5,6
Assignments Written Problem Solving No 40 1,2,4,5,6
Assignments Written Quiz 2 No 10 1,2,3,5,6
Date printed 9 February 2024