Students

LAWS8080 – 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 and Lecturer
Doron Goldbarsht
Contact via ilearn
W3A room 514
Monday 11:00-12:00
Credit points Credit points
10
Prerequisites Prerequisites
LAWS807 or LAWS8070
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

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

General Assessment Information

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 days (incl. weekends) after the original submission deadline.

Assessment Tasks

Name Weighting Hurdle Due
Research Essay 30% No 17:00, 13/09/2021
Hypothetical Problems 40% No 17:00, 4/11/2021
Participation 30% No 17:00, 05/11/2021

Research Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 17:00, 13/09/2021
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: 17:00, 4/11/2021
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.

Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: 17:00, 05/11/2021
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:
  • 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.

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 Learning Skills Unit 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. These will take place from 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. 

Infrequent students have compulsory sessions 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

 26 JUL

- INTRODUCTION TO THE UNIT

- ADMIN LAW - THEORY, HISTORY AND CONTEXT

- THE FRAMEWORK FOR JUDICIAL REVIEW

WEEK 2

2 AUG

- MERITS REVIEW AND ADMINISTRATIVE TRIBUNALS

WEEK 3

9 AUG

- OTHER METHODS OF ADMINISTRATIVE LAW REVIEW

- CONSTITUTIONAL CONSIDERATIONS

WEEK 4

16 AUG

- RULE-MAKING AND CONTROL OF SUBORDINATE LEGISLATION

- FOUNDATION CONCEPTS OF JUDICIAL REVIEW

WEEK 5

23 AUG

- UNAUTHORISED DECISION-MAKING

WEEK 6

30 AUG

- STATUTORY PURPOSE AND RELEVANT CONSIDERATION

- NATURAL JUSTICE 

WEEK 7

6 SEP

- EXECUTIVE POLICIES, DIRECTIONS AND REPRESENTATIONS

- LAW, FACT AND EVIDENCE

Recess

13 and 20 SEP 

 

WEEK 8

27 SEP

- FAILURE TO PERFORM A STATUTORY DUTY 

- WEDNESBURY UNREASONABLENESS, GOOD ADMINISTRATION AND THE OUTER LIMITS OF LEGALITY

WEEK 9

4 OCT

- EXECUTIVE POWER AND DECISION-MAKING

- THE CONSEQUENCES OF UNLAWFUL DECISION-MAKING

WEEK 10

11 OCT

- JUDICIAL REVIEW REMEDIES 

- STANDING

WEEK 11

18 OCT

- ACCESS TO INFORMATION

- PRIVACY

WEEK 12

25 OCT

- OBTAINING REASONS FOR GOVERNMENT DECISIONS

- PROBLEM SOLVING

WEEK 13

1NOV

NO LECTURE

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:

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 Enquiry Service

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

Equity 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.

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.