Available in 2021
Course code

LAWS4002

Units

10 units

Level

4000 level

Course handbook

Description

The study of Administrative Law involves examination of the legal rules and institutions through which government decision-making is authorised, controlled, and challenged. This course examines the legal principles that regulate the exercise of executive power by administrative agencies and officials, and the means by which administrative decisions can be supervised, controlled and challenged. It explains the role of tribunals in providing merits review and the role of the courts in undertaking judicial review. Particular attention is paid to the grounds for judicial review and the consequences of unlawful decision-making. Consideration is also given to the role of independent statutory agencies such as the Ombudsman in investigating individual complaints about government decision-making as well as undertaking investigations into systemic problems in administration. Means of accessing information held by the administration are also evaluated.


Availability2021 Course Timetables

Newcastle City Precinct

  • Semester 2 - 2021

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate knowledge and understanding of the concepts and principles of administrative law.

2. Demonstrate advanced skills in statutory interpretation and in analysing case law as well as the ability to identify and analyse relevant secondary sources.

3. Demonstrate ability to apply legal reasoning, statutory interpretation, and case analysis skills to solve administrative law problems

4. Demonstrate critical understanding of the values of administrative law, and of the avenues to seek review of decisions made by government bodies.

5. Demonstrate critical awareness of ambiguities in administrative law, current issues in administrative law, and the contexts in which administrative law may be relevant.

6. Demonstrate Effective skills in written communication and independent legal research in the context of administrative law.


Content

The course will comprise eight key areas of study:

  • The nature and functions of administrative law.
  • Merits review and administrative tribunals.
  • Judicial review of administrative decision-making.
  • Grounds of judicial review.
  • Consequences of unlawful decision-making.
  • Executive power, rule-making and delegated legislation.
  • Public oversight of administrative action and investigative bodies, including Ombudsman offices.  
  • Access to information held by the administration.

The course will develop the following skills:

  • Content Management
  • Advanced Statutory Interpretation
  • Social Justice

Requisite

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.


Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, LAWS3041, and LAWS4001.


Assessment items

In Term Test: Online Multiple Choice Test

Written Assignment: Case Analysis

Formal Examination: Open Book Formal Examination


Contact hours

Newcastle City Precinct

Online Activity

Online 2 hour(s) per Week for Full Term

Seminar

Face to Face On Campus 2 hour(s) per Week for Full Term

The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.