51²è¹Ý

USQ Logo
Course specification
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW2221 Administrative Law

Semester 2, 2021 Online
Short Description: Administrative Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: LAW2211

Other Requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

This is a core course in the Bachelor of Laws program. It has a national focus, but specifically is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the administrative law area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld). It deals with core elements of administrative law, including: organisation and structure of the administration; administrative law theory; common law and statutory avenues of judicial review at Commonwealth and State level; grounds of judicial review; remedies; crown immunity; Administrative Appeals Tribunal; statutory review and freedom of information.

Synopsis

Government agencies and officials constantly make decisions that affect us. Administrative law is the body of law that defines the responsibilities of these decision-makers (ensuring amongst other things that powers are not exceeded and correct processes are followed). It also provides avenues of challenge for aggrieved persons and bodies.

Administrative law is the second major component of domestic 'public law' (the law governing the exercise of public power). Prior study in constitutional law focused principally on the validity of legislation. Administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.

The course first focuses on the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant questions of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the core non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.

Objectives

On successful completion of this course students should be able to:

  1. Demonstrate an understanding [by application and evaluation], of a coherent body of [administrative law] knowledge and underlying principles and concepts; the broader contexts within which [these] legal issues arise; and of the [relevant] principles and values of justice and of ethical practice in lawyers’ roles (PO1/TLO1).
  2. Identify and articulate [administrative law] legal issues; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [from the administrative law perspective] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Learn and work independently; reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
  6. Identify applicable legislation and delegated legislation, explain [relevant] principles of statutory interpretation [in the administrative law context] and deploy appropriate techniques in the course of solving interpretative problems (PO7).

Topics

Description Weighting(%)
1. Organisation and structure of the administration [and administrative law], administrative law theory [Admission Rules 7(1), (2)] 8.00
2. Grounds of judicial review [Admission Rules 7(4)] 36.00
3. Common law and statutory avenues of judicial review at Commonwealth and State level [Admission Rules 7(3)] 8.00
4. Remedies [and standing] [Admission Rules 7(5)] 16.00
5. Crown immunity [Admission Rules 7(6)] 4.00
6. Administrative Appeals Tribunal and statutory review [Admission Rules 7(7), (8)] 16.00
7. [The Ombudsman and the ‘integrity sector’] 8.00
8. Freedom of information [Admission Rules 7(9)] 4.00

Text and Materials

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW2221)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Creyke, R, Groves M, McMillan, J & Smyth, M 2019, Control of government action: text, cases and commentary, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales (or later edition).
(Check for availability as eBook via Library Search on the USQ library website.)

Reference Materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Aronson M, Groves, M & Weeks, G 2017, Judicial review of administrative action and government liability, 6th edn, Thomson Reuters, Sydney, New South Wales (or later edition).
Bannister J, Olijnyk, A & McDonald S 2018, Government accountability: Australian administrative law, 2nd edn, Cambridge University Press, Port Melbourne, Victoria (or later edition).
Groves, M (ed.) 2014, Modern administrative law in Australia: concepts and context, Cambridge University Press, Port Melbourne, Victoria.
Lane, WB & Young, S 2007, Administrative law in Australia, Thomson Reuters, Sydney, New South Wales (or later edition).
Weeks, G & Groves, M (eds) 2019, Administrative redress in and out of the courts, The Federation Press, Alexandria, New South Wales.

Student Workload Expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment Details

Description Marks out of Wtg (%) Due Date Notes
COURSE ENGAGEMENT 10 10 13 Jul 2021 (see note 1)
ONLINE TEST 10 10 02 Aug 2021 (see note 2)
ASSIGNMENT 30 30 06 Sep 2021
ONLINE EXAMINATION 50 50 End S2 (see note 3)

Notes
  1. Course engagement is assessed throughout the semester.
  2. Students will be advised of details and precise dates at the commencement of semester.
  3. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    An Online Examination is one in which candidates may have access to any printed or written material.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure .

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .

Assessment Notes

  1. Referencing in assignments:
    Students studying this course as part of a Law degree must use the latest edition of the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide or contact the Law librarian.

Date printed 8 November 2021