Special Consideration

Unless a Special Consideration request has been submitted and approved:

(a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date; and

(b) no assignment will be accepted more than seven (7) days (including weekends) after the original submission deadline.

(c) No late submissions will be accepted for timed assessments.

Word limits will be strictly applied and work above the word limit will not be marked.

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Moderation

Marking rubrics will be made available on iLearn. Fail papers are double marked.

This unit is co-taught in 2018 with Laws504 Advanced Administrative Law.

Technology

This Unit uses iLearn; students must read the LAWS504/LAWS837 Unit page, which also has resources such as cases.

Lectures are recorded through iLearn and are available through the iLearn Active Learning Platform. Lectures will either be presented live, or pre-recorded on a weekly basis.

All assessments are to be submitted through Turnitin. 

Internal Delivery

Students are expected to attend or listen to the lectures and work their way through the other materials on a weekly basis.

There is a weekly one-hour face to face tutorial from weeks 2-13 for internal students.

External Delivery

External students are expected to listen to the weekly lectures, recorded. Attendance at the On Campus Session (OCS) is compulsory. Students who are unable to attend must apply for a special consideration. If that application is accepted, alternative work will be set in lieu of on-campus attendance.

Resources

The required texts are:

·        MRLL Kelly, LawBrief: Administrative Law (Lawbook Co, 2014). This text should be available from the Co-op Bookstore. (Students may already have a copy from studying LAW315).

·        R Creyke, J McMillan and M Smyth, Control of Government Action: Text, Cases and Commentary (Lexisnexis, 4th ed, 2015)

The following texts may also be of wider interest or additional texts for reference, but are not required. Those textbooks with ‘UK’ after them are primarily related to administrative law in the United Kingdom.

•      Aronson, M, Groves, M, and Weeks, G, Judicial Review of Administrative Action (Thomson Reuters, 6th ed, 2017)

•      Allars, Margaret, Butterworths Casebook Series ; Administrative Law - Cases and Commentary (Butterworths, 1997) [Now a very old book; but with good case summaries of the older cases]

•      Cane, P, and McDonald, L, Principles of Administrative Law: Regulation and Governance (Oxford University Press, 2008)

•      Cane, P, and McDonald, L, Cases and Materials for Principles of Administrative Law: Legal Regulation of Governance (Oxford University Press, 2009)

•      Clark, David, and McCoy, Gerard, Habeas Corpus: Australia, New Zealand, The South Pacific (The Federation Press, Sydney, 2000)

•      Craig, PP, Administrative Law (5^th ed, Sweet & Maxwell, 2003) [UK]

•      Creyke, R, and Keyzer, P, The Brennan Legacy : Blowing the Winds of Legal Orthodoxy (The Federation Press, Sydney, 2002)

•      Creyke, R, and McMillan, J, (eds), The Kerr Vision of Australian Administrative Law at the Twenty-Five Year Mark (CIPL, 1998) [excellent reproduction of the original 3 reports leading to the reforms]

•      Crock, M and Berg, L, Immigration, Refugees and Forced Migration Law, Policy and Practice in Australia (Federation Press, Sydney, 2011)

•      Douglas, R (ed.) Douglas & Jones’ Administrative Law (6^th ed, The Federation Press, Sydney, 2009)

•      Endicott, Timothy, Administrative Law, (OUP, 2009) [UK: excellent, clear introduction to UK administrative law]

•      Forsyth, C and Hare, I, (eds), The Golden Metwand and the Crooked Cord: Administrative Law Essays in Honour of Sir William Wade QC (Clarendon Press, Oxford, 1998) [UK- very interesting book]

•      Forsyth, C, Judicial Review and the Constitution (Hart Publishing, London, 2000) [UK]

•      Germov, Roz, former Member of the Refugee Review Tribunal and Motta, Francesco, former Adviser to the Minister for Immigration and Member of the Refugee Review Tribunal, Refugee Law in Australia (OUP, 2002)

•      LexisNexis Administrative Law Collection, Legislation, (ADJR, AAT, FOI, Ombudsman), LexisNexis, Sydney, 2004

•      Pearce, D C, and Geddes, R S, Statutory Interpretation in Australia (7^th ed, LexisNexis Butterworths, 2011)

•      Sharpe, R J, The Law of Habeas Corpus (2nd ed, Clarendon Press, Oxford, 1989)

•      Wade, H W R, and Forsyth, C, Administrative Law (9^th ed, OUP, 2004) [UK]

•      Woolf, H, Jowell, J, and Le Sueur, A, (eds) De Smith, Woolf & Jowell’s Principles of Judicial Review (Sweet & Maxwell, London, 1999) [UK]

Journals

There are five journals specifically devoted to Australian and British administrative law:

·        In Australia: Public Law Review, Australian Journal of Administrative Law, and the AIAL Forum (produced by the Australian Institute of Administrative Law );

·        In Britain: Public Law, and Public Administration

The Federal Law Review also contains many articles on administrative law. Most other law journals also contain frequent articles on public law.