Students
LAWS3300 – Administrative Law
2021 – Session 2, Weekday attendance, North Ryde
Session 2 Learning and Teaching Update
The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.
This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.
Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.
Visit the MQ COVID-19 information page for more detail.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Catherine Greentree
Contact via Message via iLearn.
By appointment.
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
LAW314 or LAWS3000
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| 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:
- ULO1: 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 competence in the skill of statutory interpretation
- ULO3: Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current.
- ULO4: Contextualise administrative law within the government, legal and constitutional frameworks
General Assessment Information
Research Essay
Assessment Type: Essay
Indicative Time on Task: 25 hours
Due: 13.9.2021, 5pm
Weighting: 30% of total mark for unit
Students will prepare a research essay 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:
- 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.
- Contextualise administrative law within the government, legal and constitutional frameworks
Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Hypothetical Problems
Assessment Type: Essay/Hypothetical
Indicative Time on Task: 30 hours
Due: 4.11.2021, 5pm
Weighting: 40%
Students will advise a client based on the facts of the situation and the law learned in the course. The hypothetical question and assessment guidance will be released via iLearn.
On successful completion you will be able to:
- Apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- Demonstrate competence in the skill of statutory interpretation
- Contextualise administrative law within the government, legal and constitutional frameworks
Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Participation: In-Class
Assessment Type: Participatory Task
Indicative Time on Task: 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 discussions, role plays, debates and other in class (either face to face on campus or via Zoom) activities.
On successful completion you will be able to:
- Apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- Demonstrate competence in the skill of statutory interpretation
- Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current.
- Contextualise administrative law within the government, legal and constitutional frameworks
Participation: Online
Assessment Type: Participatory Task
Indicative Time on Task: 3 hours
Due: Ongoing, final date to post is 5.11.2021, 11:59pm
Weighting: 15%
This individual component is worth 15% of students grade. 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:
- 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.
- Contextualise administrative law within the government, legal and constitutional frameworks
If you need help with your assessment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Learning Skills Unit for academic skills support
LATE ASSESSMENT SUBMISSION POLICY
Unless a Special Consideration request has been submitted and approved:
a) a penalty for lateness will apply - 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date, and
b) no assignment will be accepted seven (7) days after the original submission deadline (including weekends).
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Research Essay | 30% | No | 13/9/2021, 5pm |
| Hypothetical Problems | 40% | No | 4/11/2021, 5pm |
| Participation | 30% | No | Ongoing |
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 13/9/2021, 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:
- 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.
- Contextualise administrative law within the government, legal and constitutional frameworks
Hypothetical Problems
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 4/11/2021, 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:
- Apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- Demonstrate competence in the skill of statutory interpretation
- Contextualise administrative law within the government, legal and constitutional frameworks
Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Ongoing
Weighting: 30%
Students will be assessed on their informed participation in discussions, role plays, debates and other activities.
On successful completion you will be able to:
- Apply knowledge of the basic mechanisms and principles of administrative law (merits review, judicial review, Freedom of Information, natural justice, errors of law).
- Demonstrate competence in the skill of statutory interpretation
- Evaluate administrative law principles and doctrines, assessing deficiencies and strengths in Australian administrative law - both historical and current.
- Contextualise administrative law within the government, legal and constitutional frameworks
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, two lectures will be pre-recorded and available to students on iLearn. There will be no face to face lectures in Session 2, 2021 in line with the University's Covid-19 policy. The lectures 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 TOPIC |
|
Week 1 |
26 July |
- INTRODUCTION TO THE UNIT - ADMIN LAW - THEORY, HISTORY AND CONTEXT - THE FRAMEWORK FOR JUDICIAL REVIEW |
|
Week 2 |
2 August | - MERITS REVIEW AND ADMINISTRATIVE TRIBUNALS |
|
Week 3 |
9 August |
- OTHER METHODS OF ADMINISTRATIVE LAW REVIEW - CONSTITUTIONAL CONSIDERATIONS |
|
Week 4 |
16 August |
- RULE-MAKING AND CONTROL OF SUBORDINATE LEGISLATION - FOUNDATION CONCEPTS OF JUDICIAL REVIEW |
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Week 5 |
23 August | - UNAUTHORISED DECISION-MAKING |
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Week 6 |
30 August |
- STATUTORY PURPOSE AND RELEVANT CONSIDERATION - NATURAL JUSTICE |
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Week 7 |
6 September |
- EXECUTIVE POLICIES, DIRECTIONS AND REPRESENTATIONS - LAW, FACT AND EVIDENCE |
|
Recess |
13-26 September | NO LECTURES |
|
Week 8 |
27 September |
- FAILURE TO PERFORM A STATUTORY DUTY - WEDNESBURY UNREASONABLENESS, GOOD ADMINISTRATION AND THE OUTER LIMITS OF LEGALITY |
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Week 9 |
4 October |
- EXECUTIVE POWER AND DECISION-MAKING - THE CONSEQUENCES OF UNLAWFUL DECISION-MAKING |
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Week 10 |
11 October |
- JUDICIAL REVIEW REMEDIES - STANDING |
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Week 11 |
18 October |
- ACCESS TO INFORMATION - PRIVACY |
|
Week 12 |
25 October |
- OBTAINING REASONS FOR GOVERNMENT DECISIONS - PROBLEM SOLVING |
|
Week 13 |
1 November | NO LECTURES |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). 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
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/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.
Unit information based on version 2021.02 of the Handbook