Course Title: Research the application of administrative law

Part A: Course Overview

Program: C6141 Advanced Diploma of Legal Practice

Course Title: Research the application of administrative law

Portfolio: BUS Portfolio Office

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Terms

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

LAW5724

City Campus

TAFE

650T Vocational Business Education

Face-to-Face or Internet

Term1 2017,
Term2 2017

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au



Course Description

This unit describes the skills and knowledge required to research the major areas of administrative law including the structure of government in Australia, the legal restraints on the use of governmental power, methods of review of government decisions and access to government information in order to support the work of a legal office, government department or agency, or organization having dealings with government departments or agencies.

This unit supports the work of personnel engaged in the operation of a legal office, government department or agency, or organisation having dealings with government departments and/or agencies, or associated fields within public and/or corporate sectors.

Pre-requisite Courses and Assumed Knowledge and Capabilities

None



National Competency Codes and Titles

National Element Code & Title:

VU21647 Research the application of administrative law

Elements:

1.Research the functions of the Australian legal framework

2.Research subordinate legislation and the principles governing delegation of legislative power

3.Analyse judicial review of decisions

4.Determine the preconditions and apply remedies for an application for judicial review at common law or under legislation

5.Identify and apply the process of review on the merits undertaken by merits review tribunals

6.Compare for appropriate application, review by the Ombudsman as an alternative to review by an administrative tribunal or judicial review

7.Evaluate and apply Commonwealth and State legislative provisions for obtaining information on administrative decisions


Learning Outcomes


 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• investigating and applying methods of review of administrative decisions across a range of administrative law contexts
• investigating and applying methods of accessing government information on administrative decisions
• knowledge of the Australian governmental system and structure and examination of the legal restraints on the use of government power
• knowledge of historical development of the functions, structure and legislative powers of the Australian government and judicial system
• aspects and functions of Administrative Law, such as the application of common law and statutory grounds for review
• the advantages and disadvantages of review by the Ombudsman

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.