Students

LAW 315 – Administrative Law

2016 – S2 Day

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Senior Lecturer
Dr Margaret RLL Kelly
Contact via by email
W3A616
Wednesays teaching weeks, 1-3 pm
Tutor
Dr Scott Calnan
Contact via by email
by email
Tutor
Grant Hooper
Contact via by email
by email
Tutor
Dora Shipley
by email
Credit points Credit points
3
Prerequisites Prerequisites
LAW314
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit provides a basic introduction to administrative law. It covers access to information (including the provision of reasons for decisions, freedom of information, and privacy), merits review, and judicial review, as well as considering varying theories, overarching concepts and doctrines, and statutory interpretation.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

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

  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

General Assessment Information

All written work must be submitted on time. Any work submitted late will receive a mark of zero. No extensions are granted, other than in accordance with the Disruption to Study Policy, available at http://www.mq.edu.au/policy/docs/disruption_studies/policy.html.

 

 

 

Assessment Tasks

Name Weighting Due
Optional Refresher Quiz 0% End Week 1
Essay Statutory Interpretation 15% 3 pm, Friday 2 September 2016
Problem Question. 25% 3 pm, Monday 10 October 2016.
Sit down closed book exam 60% Exam period

Optional Refresher Quiz

Due: End Week 1
Weighting: 0%

This Quiz of 10 questions is designed to refresh students' memories of constitutional law studied in Semester 1, especially relating to the judicial power, Chapter III, and constitutional interpretation and characterization. It is optional, and designed merely to assist students recall basic principles.  If students choose to do the Quiz, it should be completed by the end of Week 1. The answers will be available in Week 2.


On successful completion you will be able to:
  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Contextualise administrative law within the government, legal, constitutional and social contexts

Essay Statutory Interpretation

Due: 3 pm, Friday 2 September 2016
Weighting: 15%

This is a short essay dealing with statutory interpretation: 750 words.


On successful completion you will be able to:
  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Problem Question.

Due: 3 pm, Monday 10 October 2016.
Weighting: 25%

A Problem question [1000 words].


On successful completion you will be able to:
  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Sit down closed book exam

Due: Exam period
Weighting: 60%

This is a sit-down closed book exam; It deals solely with judicial review. There will be 1 Essay question (20%) and 1 Problem question (40%). Students may take 2 A4 pages of notes into the exam room.


On successful completion you will be able to:
  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Delivery and Resources

Technology: This Unit uses iLearn; students must read the LAW315 Unit page religiously. Lectures are recorded through iLearn and are available through the Echo recordings on the LAW315  iLearn site.

Delivery: 1x2 hour lecture, and 1x1 hour tutorial per week.  Attendance at tutorials and the OCS is required. Lecture Notes will be made available on iLearn.

Resources: The required text is text is: MRLL Kelly, LawBrief: Administrative Law (Lawbook Co, 2015)

The following three texts are also recommended:

  • R Creyke, J McMillan,and M Smyth, Control of Government Action: Text, Cases and Commentary (Lexisnexis, 4th ed, 2015)
  • Judith Bannister, Gabrielle Appleby, Anna Olijnyk, Joanna Howe, Government Accountability: Australian Administrative Law (Cambridge University Press, 2014)
  • M Aronson and M Groves, Judicial Review of Administrative Action (Thomson Reuters, 5th ed., 2013)

 

 

Unit Schedule

 

 

 

 

 

 

LAW315 2016: Administrative Law

Complete Lecture and Tutorial Breakdown

 

 

 

 

 

 

 

 

(begins next page)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

mrllk june 2016.

 

 

 

Week

 

 

Topic

            Readings

(Kelly Law Brief Thomson 1st edn, 2015 [LB]

 

Please Note: each tutorial deals with issues raised in the previous week’s lectures.

 

 

ASSESSMENTS

The Quiz is optional, and due 3 pm,Friday,5 August 2016.

Assessment 1 (essay 15%): is compulsory and is available from the date of access and is due 3pm, Friday 2 September 2016.

Assessment 2 (problem) 25%: is compulsory and is available from the date of access and is due 3 pm, Monday 10 October 2016.

The sit-down exam 60% is on a date to be advised.

 

Week 1

(beginning 1.8.16)

Lecture

1. Introduction to the course:

              Course outline;

             Assessments (and What students must do to succeed)

2. The nature of Administrative Law.

3. Historical background to the development of administrative law generally.

4. Theories relating to administrative law and its purpose.

5. The Australian Reforms

 

 

 

·   See iLearn

 

·   LB Chapter 1

 

 

 

Week 1

Tutorial

General Introduction.

Any questions?

General discussion of significance of administrative law

No reading necessary.

 

Week 2

(beginning 8.8.16)

Lecture

1. Underlying doctrines

   Sovereignty of Parliament; the Rule of Law; the

separation of the judicial power.

2. Statutory Interpretation and ‘the principle of

legality’.

   Bills and Statutes (what they are and how they are made)

   See https://www.legislation.gov.au/ (formerly comlaw.gov.au.)

   Acts Interpretation Act 1901 (Cth).

   Policy and law-making

   Legislative Instruments (delegated or subordinate legislation).

   Project Blue Sky

·   LB Chapter 2

 

 

 

·   LB Chapter 2

·   See links on iLearn

 

 

 

 

 

 

·   LB Chapter 17 326-334; 337-

339

·   See Blue Sky highlighted on

iLearn.

 

 

Week 2

Tutorial

1. Discussion of the meaning of Administrative Law

remedies:

-   The prerogative writs: Certiorari, Prohibition, Mandamus, Quo warranto, Habeas corpus; equity: Injunction, Declaration

-   What are they, and what is their purpose?

-   Why do they matter?

2.The Australian constitutional issues:

-   What is the relevance of Chapter III?

-   Why is s 75 significant?

-   What are the ‘constitutional writs’?

Reading: As for Lecture 1.

 

Week 3

(beginning 15.8. 16)

Lecture

1. The ‘principle of legality’ continued.

 

2. Basic Concepts: Jurisdiction

 

3. Basic Concepts: Standing

·   LB Chapter 2, 27-42

 

·   LB Chapter 3

·  LB Chapter 5.

 
 

Week 3

Tutorial

STATUTORY INTERPRETATION EXERCISE: AAT ACT

1975 (CTH)

Look at the Administrative Appeals Tribunal Act 1975 (Cth) on https://www.legislation.gov.au/(formerly comlaw.gov.au), and find the answers to the following questions by looking at the Act and its schedules.

1. When did the Bill become an Act?

Refer to the relevant part of the Act.

Which government was in power at that time?

2. What is the name of the Act?

Where is this found?

3. How may the Act be cited?

Refer to any relevant parts of the Act.

4. When did the Act some into operation?

Refer to any relevant parts of the Act.

5. How did it come into operation?

(refer to the relevant part of the Act)

Which government was in power at that time?

6. Where and to whom does the Act apply?

Refer to any relevant parts of the Act.

7. How should one interpret provisions of this Act?

Why?

8. How does one ascertain the purpose of this Act?

Refer to any relevant sections of any relevant Acts as well as

the AAT Act.

9.. What is the purpose of the AAT Act?

Refer to any relevant parts of the AAT Act.

10. What is the purpose of the Administrative

Appeals Tribunal?

Refer to relevant parts of the Act.

11. How does the Tribunal operate?

Is the AAT bound by the rules of evidence?

Refer to relevant parts of the Act. (Why do you suppose this provision is in the Act?

12. Who may be appointed to the Tribunal and who appoints the members?

Refer to relevant parts of the Act.

Is there any outstanding or significant qualification for particular members?

13. Who may appeal to the Tribunal?

Refer to relevant parts of the Act.

14. Does the Act provide for the making of subordinate legislation? If so, where? Is there a particular name given to such provisions?

Who may make the subordinate legislation? What is the purpose of subordinate legislation?

Where can one find the relevant subordinate legislation?

 

Reading: As for Lecture 2.

 

Week 4 (beginning 22.8.16)

Lecture

Decisions and Merits Review generally.

Investigative bodies (Recommendatory only)

-   Anti-corruption, whistleblowing

-   Royal Commissions

-   Judicial Inquiries

-    Human rights bodies

-    Ombudsmen

Political merits review (can replace decision)

Informal merits review (can replace decision)

Reading: LB Chapters 6 and 7;

and 8 (Ombudsman).

 

 

 

 

 

The Ombudsmen (recommendatory only)

Formal merits review (can replace decision)

-   AAT, SSAT, VRB, RRT, MRT (Cth)

-   States – e.g. NCAT (ADT), VCAT

Constitutional issues: separation of powers

-   Judges as Persona designata

-   Merits review and principles

s Ultra vires and the ‘principle of legality’

Merits Review by the Executive:

-   The AAT and the NCAT (ADT)

-   Inquisitorial or adversarial tribunals? (AAT, ADT; RRT, MRT)

Judicial merits review

-   Appeals

Legislative merits review

-   Parliamentary processes and Parliamentary

Committees

-   Disallowance of delegated legislation

Relationship between Merits Review and Judicial Review

 

 

Week 4

Tutorial

Discussion:

1. What is the ‘principle of legality’?

2. What is the relationship between ‘the principle of legality’ and statutory interpretation?

3. What is ‘jurisdiction’?

4. What is the relationship between them?

5. Why is ‘jurisdiction’ important?

6. What, if any, relationship exists between

‘jurisdiction’ and ultra vires?

Reading: As for Lecture 3.

 

Assessment 1(essay) due in 3 pm Friday 2 September 2016 (end Week 5).

 

Week 5

(beginning 29.8.16)

Lecture

1. Facts and Evidence

-   The distinction

-   Errors of law and errors of fact

-   The distinction between merits review and judicial review

-   The relationship between merits review and judicial review

-   The separation of the judicial power

The Pochi saga

-   ‘logical probative material/evidence’?

s Effect on later cases: Bond; Eshetu; S20; SGLB;

Rajamanikkam; SZMDS; FTZK

Jurisdictional facts

-   Discussed in detail in Lectures 10 and 11.

 

2. Reasons for decisions

-   Effect of ADJR Act s 13 (c.f. Osmond; Kioa;

Wainohu) [‘the Deane doctrine’]

-   Wu Shan Liang

-   Osmond and Wainohu

-   NOTE Haneef No 1. (effect of giving reasons).

LB Chapter 8.

 

 

 

 

 

 

Pochi cases highlighted on iLearn

 

 

 

 

 

 

 

 

LB Chapter 20, 422-427 (Cases highlighted on iLearn).

 

Week 5

Tutorial

Merits Review:

1. What is an ‘original decision’?

2. What are ‘the merits’ and what is ‘merits review’?

3. Give at least 3 different examples of merits review.

4. What is the relationship between ‘merits review’

and the separation of powers doctrine?

5. Does the legislature engage in merits review? If so, how? If not, why not?

6. Does the judiciary engage in merits review? If so how? If not why not?

7. Why are there judges on the AAT and does this pose a problem?

Reasons:

8. Are reasons important? If so, why?

-   What purpose or purposes do they serve?

9. Why is ADJR section 13 relevant to the giving of reasons, and what effect has it had?

10. What is the current law on reasons?

-   For administrators?

-   For judges?

Reading:

As for Lecture 4

 
 

Week 6

(beginning 5.9.16)

Lecture

Introduction to Judicial Review Generally (including a brief overview of ADJR)

Judicial Review: what is it?

-   What is its purpose?

-   Theories? Practical? Accountability? People?

Citizens?

-   Common law and statutory judicial review

Basic principles of judicial review

-   Standing, jurisdiction, justiciability

Constitutional Judicial review (s 75(v)

-   ‘constitutional writs’ (mandamus and prohibition)

Review for errors of law

-   Not errors of fact (Waterford; Bond)

Except: re jurisdictional facts

Ultra vires/intra vires

s Cannot replace decision

Exceptions: habeas corpus; jurisdictional facts

Policy ramifications (S157; M70; S156)

Review decisions

-   Which decisions? (‘justiciability’; ‘matters’)

-   What is a ‘decision’?

Justiciability: what is it?

 

Jurisdiction : Recall significance of jurisdiction.

 

Duties and Discretions

The peculiar position in M61

Remedies at common law and statute

Remedies under the Constitution: ‘constitutional writs’

 

The ADJR Act (and State counterparts)

 

 

 

The ultra viresissue

 

LB Chapter 10. (N.B. Brennan J in Quin 1990; and ‘the principle of legality’ LB Chapter 2, especially 27-34.

 

Recall LB Chapters 3,4 and 5.

 

 

 

 

 

 

 

 

 

M70 and S156  highlighted on iLearn (see also LB 334; 381-

390).

 

 

 

 

LB Chapter 4 on Justiciability

 

LB Chapter 3 on Jurisdiction.

 

LB 168-170

See M61 highlighted on iLearn

 

 

 

 

LB Chapter 11 (ADJR)

 

LB Chapter 10: 171-176

 

Week 6

Tutorial

Problem TBA

 

 

Week 7

(beginning 12.9.16)

Lecture

Grounds for Judicial Review: Errors of Law:

Natural Justice: The Hearing Rule

·  Background to natural justice

·  2 arms: hearing rule, rule against bias

·  The Hearing Rule (audi alterem partem)

·   A breach of natural justice will be a ‘jurisdictional error’

(Aala)

·   The approaches to natural justice (Mason J; Brennan J

(Kioa); Annetts; M61; S10)

-   The difficulties with the idea of ‘procedural fairness’ (Mason J Kioa) and ‘practical injustice’ (Gleeson CJ in Lam; c.f. Parker)

· ‘Legitimate expectations’

·   The M61 situation

Reading: LB Chapters 12, 13,

14.

 

 

 

 

 

 

 

 

 

Cases highlighted on learn.

 

 

LB Chapter 14

M61 highlighted on learn

 

Week 7

Tutorial

Problem : TBA

Reading: As for Lecture 6.

 

Mid-Semester Recess: 17.9.16-2.10.16.

 

OnCampus Session for Externals: Monday 19 and Tuesday 20 September 2016

 

Week 8

(beginning 3.10.16)

Lecture

Natural Justice: The Hearing Rule Continued.

 

 

The Rule against Bias.

Reading: as for Lecture 7 (LB Chapters 12, 13, 14).

 

 

   LB Chapter 15

LB: Chapter 15.

 

Week 8

Tutorial

Problem Question: TBA

 

 

Reading: as for Lecture 7

 

 

Assessment 2 (problem) due in 3 pm Monday 10 October 2016 (Week 9).

 

Week 9 (beginning 10.10.16)

Lecture

Grounds for Judicial Review: Other Errors of Law: Errors of law in a decision involving a discretion:

·  Distinction between discretion and a duty

-   The ADJR problem

·  Relevant and irrelevant considerations

·  Improper purpose and bad faith

·  ‘ Unreasonableness’, ‘proportionality’, ‘rationality’, and

Wednesbury

-   The distinction between the UK and Australia

-   Rationality; ‘proportionality’

-   Separation of powers

-   The ADJR situation

-   Li.

·  Other ‘error of law’ (M76).

 

Errors of law in a decision involving a  discretion

delegated legislative decisions:

·  What is delegated legislation?

-   The Federal Register of Legislation (used to be FRLI), the Legislative Instruments Act 2003, and

disallowance

·  Rules of statutory interpretation

-   Inapplicability of ADJR

·  The Blue Sky principle

·  M70 and S156

 

 

Reading: LB Chapter 16.

 

 

 

 

 

 

 

Wednesbury; Li. (on iLearn)

 

 

 

 

 

 

 

 

LB Chapter 17.

https://www.legislation.gov.au/ (used to be www.comlaw.gov.au)

 

 

Cases highlighted on iLearn

 

Week 9

Tutorial

Problem: TBA  

Reading: as for Lectures 7 and 8.

 

Week 10

(beginning

17.10 16)

 Lecture

Errors of Law Jurisdictional Errors I

§ Recall ‘Jurisdiction’ (LB Chapter 3).

§ What is a jurisdictional error?

§ Why does this kind or error of law matter?

-    Anisminic; Craig; Aala; Kirk.

§ What does the HCA now say is a jurisdictional error?

-   For administrators?

       -   For courts?

LB Chapter 18.

 

Week 10

Tutorial

Problem: TBA

 

Reading: As for Lecture 9

MIAC v Li and Wednesbury

Also READ MIAC v Li in LB 305-12

 

 

Week 11

(beginning 24.10.16)

Lecture

Errors of Law Jurisdictional Errors II (including

jurisdictional facts)

-   What is a ‘jurisdictional fact’?

-   What is a ‘non-jurisdictional fact’?

-   What is so significant about a ‘jurisdictional fact’?

s Bellbird Collieries; Eshetu; S20; Rajamanikkam;

SZMDS; M70

Blue Sky; Futuris and  no-invalidity clauses

s the (US) Chevron doctrine; Corporation of the

City of Enfield; Kirk; M70; S156.

-   Consider the separation of powers doctrine.

 

LB Chapter 18.

Week 11

Tutorial

Problem: TBA

Reading: as for Lecture 10

Week 12

(beginning 31.10.16)

Lecture

Errors of law: Jurisdictional Errors: Habeas corpus

-   Ruddock v Vadarlis; Al Masri; Al Kateb; M47; M76

Privative Clauses

-   What is their purpose?

-   The Hickman principle; Plaintiff S157;  Batterham; Kirk; Wainohu

LB Chapter 18

 

 

 

 

 

LB Chapter 19

Week 12

Tutorial

Problem: TBA

Reading: As for Lectures 10 and 11

Week 13

(beginning 7.11.16)

Lecture

Privative Clauses Continued:

-   The ‘Kable principle’

-   Effect on the states (Batterham; Fish v Solution 6; Kirk; Wainohu; AG (NT) v Emmerson)

FOI and Privacy

The Exam

LB 18-20, 416.

 

 

 

 

 

LB Chapter 20.

Week 13

Tutorial

Discussion of problem-solving, isolation of issues

Reading: As for Lectures 7-12.

Examination period: 14 November -25 November 2016

LAW315 Sit-Down exam (TBA: usually in the first week of the examination period)

Results released 16 December 2016

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/

Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate legal problem-solving.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts

Assessment tasks

  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Assessment tasks

  • Optional Refresher Quiz
  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Assessment tasks

  • Optional Refresher Quiz
  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Assessment tasks

  • Optional Refresher Quiz
  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Demonstrate and improve the skill of interpretation of statutes.
  • Demonstrate legal problem-solving.
  • Understand and apply case analysis.
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Assessment tasks

  • Optional Refresher Quiz
  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Critical analysis of facts and the law.
  • Produce clear and grammatical writing and analysis.
  • Communicate clearly and thoughtfully

Assessment tasks

  • Essay Statutory Interpretation
  • Problem Question.
  • Sit down closed book exam

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • Acquire knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
  • Critical analysis of facts and the law.
  • Contextualise administrative law within the government, legal, constitutional and social contexts

Assessment tasks

  • Optional Refresher Quiz
  • Essay Statutory Interpretation
  • Problem Question.

Changes from Previous Offering

The programme of Lectures and tutorials for 2016 has been changed slightly from that given in 2015.

Changes since First Published

Date Description
05/07/2016 Changes as requested by Director L&T.