Research Essay

Assessment Type: Essay

Indicative Time on Task: 25 hours

Due: 13.9.2022, 11:55pm

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: 3.11.2022, 11:55pm

Weighting: 40%

 

Students will complete hypothetical questions based on the law learned throughout 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' overall 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 4.11.2022, 11:55pm

Weighting: 15%

 

This individual component is worth 15% of students grade. Students will post 3 times in total during the semester. Students will compose their own questions that have occurred to them as a result of listening to the weekly lectures, or from the material covered in tutorials. Students will then provide an answer to the questions, based on research into the weekly readings/resources, and provide justification for the answers by reference to the material covered.

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 Writing Centre (run by the Learning Skills Unit) for academic skills support

 

LATE ASSESSMENT SUBMISSION POLICY

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of '0' (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11:55pm. A 1-hour grade period is provided to students who experience a technical issue.

This late penalty will apply to non-timed sensitive assessment (including essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special Consideration application. Special Consideration outcome may result in a new question or topic.

Each week, there will be one live lecture and one recorded lecture, both of which will be available on Echo. 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. 

There are two required texts for this unit:

Robin Creyke, John McMillan, Mark Smyth, Control of Government Action: Text, Cases and Commentary (LexisNexis Butterworths, 2022, 6th ed); and

Doron Goldbarsht and Nathan Johnston, Fundamentals of Australian Administrative Law Questions and Answers (LexisNexis Butterworths, 2022) - this is a companion to the Creyke et al text, working as a quick search resource with short questions and answers about foundational principles, terms, and legal authorities. It then directs students to where they can find the more detailed explanation in the Creyke et al text.

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.

WEEK	DATES: WEEKS STARTING	LECTURE TOPIC
Week 1	25 July	- INTRODUCTION TO THE UNIT - ADMIN LAW - THEORY, HISTORY AND CONTEXT - THE FRAMEWORK FOR JUDICIAL REVIEW
Week 2	1 August	- MERITS REVIEW AND ADMINISTRATIVE TRIBUNALS
Week 3	8 August	- OTHER METHODS OF ADMINISTRATIVE LAW REVIEW - CONSTITUTIONAL CONSIDERATIONS
Week 4	15 August	- RULE-MAKING AND CONTROL OF SUBORDINATE LEGISLATION - FOUNDATION CONCEPTS OF JUDICIAL REVIEW
Week 5	22 August	- UNAUTHORISED DECISION-MAKING
Week 6	29 August	- STATUTORY PURPOSE AND RELEVANT CONSIDERATION - NATURAL JUSTICE
Week 7	5 September	- EXECUTIVE POLICIES, DIRECTIONS AND REPRESENTATIONS - LAW, FACT AND EVIDENCE
Recess	12-25 September	NO LECTURES
Week 8	26 September	- FAILURE TO PERFORM A STATUTORY DUTY  - WEDNESBURY UNREASONABLENESS, GOOD ADMINISTRATION AND THE OUTER LIMITS OF LEGALITY
Week 9	3 October	- EXECUTIVE POWER AND DECISION-MAKING - THE CONSEQUENCES OF UNLAWFUL DECISION-MAKING
Week 10	10 October	- JUDICIAL REVIEW REMEDIES  - STANDING
Week 11	17 October	- ACCESS TO INFORMATION - PRIVACY
Week 12	24 October	- OBTAINING REASONS FOR GOVERNMENT DECISIONS - PROBLEM SOLVING
Week 13	31 October	NO LECTURES