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Administrative Law - LAWS2160
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Currently enrolled in a program in the Faculty of Law.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Administrative Law is a compulsory course which builds on LAWS2140 Public Law. The principles covered in this course themselves form the foundation for many other subjects, including Environmental Law and Migration Law. Students completing the subject will have an appreciation of the relationship between law and public sector administration, including the means by which law attempts to exert control over the activities of the administration and the manner in which administrative action is enabled by the law. Students will have a working understanding of the principles and procedures for review of administrative action, and an ability to apply such understanding to the resolution of problems.

The course examines the development and operation of non-judicial review and grievance mechanisms, including merits review tribunals (in particular, the Administrative Appeals Tribunal and the Administrative Decisions Tribunal) and the Ombudsman. The course also examines the development and operation of judicial review of administrative decisions under the common law and statutory review mechanisms including the Administrative Decisions (Judicial Review) Act (Cth), in addition to examining access to information through the provision of reasons for decision and the Freedom of Information Act.

Recommended Prior Knowledge

None

Course Objectives

The teaching methods and assessment strategies adopted in this course enable students to develop a range of skills. Those skills are as follows:
  • Distinguish between different genres of argument (political, social, logical, moral, legal) so as to construct a legal argument from given facts
  • Use case law in the construction of a legal argument
  • Interpret and apply statute law
  • Work collaboratively with student colleagues on legal and policy issues
  • Make strategic decisions regarding possible forms of review of administrative action

Main Topics

  • Legality; Rules, discretion, and policy
  • Subordinate legislation
  • Reasons for decision
  • Freedom of Information legislation
  • Ombudsmen
  • Merits Review
  • Standing
  • Judicial review grounds
  • Natural justice
  • Judicial review remedies

Assessment

Class participation - 20%
Mid-session take-home exam or research essay - 30%
Final exam - 50% or 80% (depending on result in mid-session exam or essay)

Course Texts

Prescribed

  • Creyke & McMillan, Control of Government Action: Text, Cases and Commentary, 2009, 2nd edition (please note that you must obtain the second edition of this textbook)
  • LAWS2160 Administrative Law Study Guide, available at the University Bookshop. This contains the readings for each class.

Recommended
Additional recommended texts are listed in the Course Outline, which is available to all students.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.