Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The purpose of studying this unit is to gain an understanding of the relevant area of law concerning the manner in which decisions made by government bodies and public officials can be challenged or reviewed, especially insofar as they affect rights and interests of individuals.

An understanding of administrative law provides a broad range of career options. Some law firms have specialist administrative law sections to service government departments and agencies seeking advice on the exercise of public powers or to provide advice to corporations and individuals seeking to challenge such matters as approvals or permits for commercial developments. An understanding of administrative law is necessary to practise in areas such as environmental law and local government law. Government departments and regulatory agencies themselves also employ lawyers to advise on the discharge of their functions.
If you are seeking to build upon your knowledge in this area, you should consider undertaking electives in the Public Sector Career Destination Stream - LWB353 Select Issues in Law & Government, LWB406 Fundamentals of Public International Law and LWB407 Private International Law.

Aims

To enable you to develop a working knowledge of administrative law at both the state and federal level as well as a broader understanding of the role and function of this area of law in balancing administrative efficiency and legitimate government interests against the requirements of accountability in executive decision-making.

Objectives

At the completion of this unit you should be able to:
1. identify and explain the key aspects of administrative law principles in Australia and the operation of the State and Federal statutory frameworks to demonstrate your understanding of administrative law;
2. critically analyse administrative law principles and effectively communicate the results of your analysis orally or in writing;
3. solve real world administrative law problems and give legal advice explaining the key law, procedural options and remedies available;
4. critically analyse the role and function of administrative law and consider appropriate future law reforms and effectively communicate your analysis; and
5. effectively manage your time and prioritise activities in independent and collaborative environments and evaluate and reflect upon your own capabilities (strengths and weaknesses) to utilise this knowledge to maximise effective study and work practices.

Content

The topics covered in this unit include:

• Introductory principles of administrative law


• Systems of judicial review in State and Federal jurisdictions


• Standing in public interest litigation


• The grounds of judicial review


• Common law and statutory judicial review remedies


• Freedom of Information legislation in State and Federal jurisdictions


• The doctrine of Crown immunity


• The system of merits review in the Administrative Appeals Tribunal


• The role the Ombudsman in State and Federal jurisdictions

Skills
In this unit you will further develop the following skills(explicitly and implicitly):

• Critical thinking and legal analysis;


• Problem solving;


• Oral and written communication;


• Teamwork; and


• Reflective practice.

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning; and
5. Work Independently and Collaboratively.

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of face-to-face lectures and podcasts (to assist your understanding of administrative law) and tutorials (to allow you to practise and develop your skills of communication and legal problem solving skills).

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises.

Lectures
In weeks 1-7 and 13 there is a two-hour face-to-face lecture timetabled. The lectures are audio taped and made available through the unit's Blackboard site and are supported by PowerPoint presentations. In weeks 8-12 the face-to-face lectures are replaced by two hour podcasts, supported by PowerPoint presentation, and will be available through the unit's Blackboard site

An additional one hour podcast will be timetabled for each week of weeks 9-13. In these sessions the previous week's viva voce will be explored in detail (see Assessment Item 2).

Tutorials
In weeks 1-6 and 8-13 there are one hour face-to-face tutorials scheduled for internal students. There is no tutorial in week 7.
For external students, tutorial guides will be available each week on the unit's Blackboard site as audio files.

Assessment

Assessment in this unit is both summative and formative.Formative feedback is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback through:

• your tutor in relation to participation in tutorials (internal students);


• individual feedback on your Vive Voce (internal students);


• individual feedback on your Problem Solving Task (external students);


• generic feedback on the unit's Blackboard site; and


• the option of private consultation with a member of the teaching team during student consultation.

Assessment name: Discussion Forum(tutorials)
Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis of tutorial questions and problem solving within the tutorials.
Relates to objectives: 1-5
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 1-6, 8-13

Assessment name: Viva voce
Description: Internal students will, in their tutorials in groups of 4, role play a chambers hearing of a judicial review matter, making submissions as the legal representative of either the applicant or respondent.
Relates to objectives: 1, 3 & 5
Weight: 30%
Internal or external: Internal
Group or individual: Group
Due date: Weeks 8-12

Assessment name: Problem Solving Task
Description: External students will make written online submissions (maximum 2000 words) in relation to a judicial review matter as the legal representative of either the applicant or respondent.
Relates to objectives: 1-5
Weight: 40%
Internal or external: External
Group or individual: Group
Due date: Weeks 8-12

Assessment name: Examination
Description: Open book exam covering all topics of the unit.
Relates to objectives: 1-5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials:
W B Lane & S Young, Administrative Law in Australia, Lawbook Co., 2007.

Recommended Reference Materials:
Robin Creyke and John McMillan, Control of Government Action: Text, Cases and Commentary (LexisNexis Butterworths, Sydney: 2nd ed, 2005).
Roger Douglas, Douglas and Jones' Administrative Law (Federation Press, Sydney: 6th ed, 2009).

Blackboard Site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 11-Oct-2012