Students
LAWS8080 – Administrative Law
2020 – Session 2, Special circumstance
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor and Lecturer
Doron Goldbarsht
Tutor
Jemimah Roberts
|
|---|---|
| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
LAWS807 or LAWS8070
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
In this unit students examine the principles of administrative law, that is, the law governing government decision-making within the Commonwealth of Australia. It considers the fundamental principles that underpin good decision-making, such as accountability, integrity and procedural fairness, and explores the various avenues available to challenge the merits and the legality of government decisions. It also considers modern developments, such as the increasing involvement of the private sector in providing goods and services traditionally provided by the public sector, and the impact this is having in the field of administrative law.
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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:
- ULO1: Demonstrate and apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- ULO2: Demonstrate and improve the skill of statutory interpretation
- ULO3: Apply the skills of legal problem solving to the analysis of administrative law problems.
- ULO4: Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current, and conduct comparative studies between jurisdictions and within the global sphere.
- ULO5: Critically analyse and apply administrative law in the context of government policy and constitutional law frameworks.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Participation in-class (via Zoom) | 15% | No | Ongoing |
| Participation on-line | 15% | No | 6.11.2020, 5pm |
| Research Essay | 30% | No | 11.9.2020, 5pm |
| Hypothetical Problems | 40% | No | 6.11.2020, 5pm |
Participation in-class (via Zoom)
Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Ongoing
Weighting: 15%
This individual component is worth 15% of students grade. Students will be assessed on their informed participation in weekly or intensive discussions, role plays, debates and other in class or online activities.
On successful completion you will be able to:
- Demonstrate and apply 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 statutory interpretation
- Apply the skills of legal problem solving to the analysis of administrative law problems.
- Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current, and conduct comparative studies between jurisdictions and within the global sphere.
- Critically analyse and apply administrative law in the context of government policy and constitutional law frameworks.
Participation on-line
Assessment Type 1: Participatory task
Indicative Time on Task 2: 3 hours
Due: 6.11.2020, 5pm
Weighting: 15%
Students will post 3 times in total during the semester: Questions that have occurred as a result of listening to the weekly lectures, or from the material covered in tutorials; an answer to the question, based on research into the weekly readings/resources and a justification for the answer.
On successful completion you will be able to:
- Demonstrate and apply 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 statutory interpretation
- Apply the skills of legal problem solving to the analysis of administrative law problems.
- Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current, and conduct comparative studies between jurisdictions and within the global sphere.
- Critically analyse and apply administrative law in the context of government policy and constitutional law frameworks.
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 11.9.2020, 5pm
Weighting: 30%
Students will prepare a research report on an aspect of the course. The essay question and assessment guidance will be released via iLearn.
On successful completion you will be able to:
- Demonstrate and apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current, and conduct comparative studies between jurisdictions and within the global sphere.
- Critically analyse and apply administrative law in the context of government policy and constitutional law frameworks.
Hypothetical Problems
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 6.11.2020, 5pm
Weighting: 40%
Students will advise a client based on the facts of the situation and the law learned in the course. The essay question and assessment guidance will be released via iLearn.
On successful completion you will be able to:
- Demonstrate and apply 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 statutory interpretation
- Apply the skills of legal problem solving to the analysis of administrative law problems.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Each week, one lecture or set of lectures will be pre-recorded and available to students on iLearn. A second on-site lecture will then be given on Monday, 10:00-11:00. These will take place Week 1 to Week 12. The schedule of topics to be covered in the lectures, and notes on required readings, will be available in detail on iLearn. A list of covered topics is provided below in the Unit Schedule.
Weekly one hour tutorials begin in Week 2 and finish in Week 13. Discussion questions for each tutorial will be available on the iLearn page for the unit.
External students have a compulsory two day on-campus session and the dates are available via timetables.
The required text is: Robin Creyke, John McMillan, Mark Smyth, Control of Government Action: Text, Cases and Commentary (LexisNexis Butterworths, 2018). It is available from the Macquarie University Co-op Bookshop. Additional readings will be available via iLearn or else they will be linked to a publicly available source.
Students require access to a computer and a secure and reliable internet provider.
Unit Schedule
|
WEEK |
DATES: WEEKS STARTING |
LECTURE [Tutorial content will cover the topics from the previous week's lectures]. |
|
WEEK 1 |
27 JUL |
- INTRODUCTION TO THE UNIT - ADMIN LAW - THEORY, HISTORY AND CONTEXT - THE FRAMEWORK FOR JUDICIAL REVIEW |
|
WEEK 2 |
3 AUG |
- MERITS REVIEW AND ADMINISTRATIVE TRIBUNALS |
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WEEK 3 |
10 AUG |
- OTHER METHODS OF ADMINISTRATIVE LAW REVIEW - CONSTITUTIONAL CONSIDERATIONS |
|
WEEK 4 |
17 AUG |
- RULE-MAKING AND CONTROL OF SUBORDINATE LEGISLATION - FOUNDATION CONCEPTS OF JUDICIAL REVIEW |
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WEEK 5 |
24 AUG |
- UNAUTHORISED DECISION-MAKING |
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WEEK 6 |
31 AUG |
- STATUTORY PURPOSE AND RELEVANT CONSIDERATION - NATURAL JUSTICE |
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WEEK 7 |
7 SEP |
- EXECUTIVE POLICIES, DIRECTIONS AND REPRESENTATIONS - LAW, FACT AND EVIDENCE |
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Recess |
14 and 21 SEP |
|
|
WEEK 8 |
28SEP |
- FAILURE TO PERFORM A STATUTORY DUTY - WEDNESBURY UNREASONABLENESS, GOOD ADMINISTRATION AND THE OUTER LIMITS OF LEGALITY |
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WEEK 9 |
5 OCT |
- EXECUTIVE POWER AND DECISION-MAKING - THE CONSEQUENCES OF UNLAWFUL DECISION-MAKING |
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WEEK 10 |
12 OCT |
- JUDICIAL REVIEW REMEDIES - STANDING |
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WEEK 11 |
19 OCT |
- ACCESS TO INFORMATION - PRIVACY |
|
WEEK 12 |
26 OCT |
- OBTAINING REASONS FOR GOVERNMENT DECISIONS - PROBLEM SOLVING |
|
WEEK 13 |
21 NOV |
NO LECTURE |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.