Course Title: Research the application of administrative law

Part B: Course Detail

Teaching Period: Term1 2020

Course Code: LAW5724

Course Title: Research the application of administrative law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au

Name and Contact Details of All Other Relevant Staff

 

 

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.

Pre-requisites and Co-requisites

None

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.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:	VU21647 Research the application of administrative law
Element:	1.Research the functions of the Australian legal framework
Performance Criteria:	1.1 Research and discuss the development of the constitutional and legal framework of Australia 1.2 Review the structure of government in Australia and the jurisdictions of the Victorian and Federal court hierarchies 1.3 Distinguish between the executive functions of government from the legislative and judicial functions 1.4 Examine and describe the nature of quasi-judicial bodies 1.5 Identify the nature of decisions forming the subject matter of administrative law
Element:	2.Research subordinate legislation and the principles governing delegation of legislative power
Performance Criteria:	2.1 Define the term subordinate legislation and outline its operation 2.2 Examine and discuss the reasons for delegation of legislative power and explain the legal restraints on the delegation of legislative power 2.3 Describe the nature of parliamentary supervision and the control of subordinate legislation
Element:	3.Analyse judicial review of decisions
Performance Criteria:	3.1 Research the historical background and features of judicial review, and debate the legal basis for intervention and the effect of a successful application for judicial review 3.2 Assess the distinguishing features of review on the merits 3.3 Compare and contrast judicial review of decisions and review on the merits 3.4 Examine and apply the common law grounds for judicial review of administrative decisions including those made by subordinate legislative bodies and quasi-judicial bodies 3.5 Evaluate and apply the statutory provisions relevant to judicial review of decisions, including the Commonwealth Constitution, the Judiciary Act 1903 (Cth), the Administrative Decisions (Judicial Review) Act 1977 (Cth) and the Administrative Law Act 1978 (Vic) 3.6 Compare and debate the grounds for judicial review at common law with the grounds specified in the Administrative Decisions (Judicial Review) Act 3.7 Examine and discuss legal considerations regarding statutory exclusion of judicial review 3.8 Analyse lack of procedural fairness as a ground for judicial review in relation to the historical development, the hearing rule, the rule against bias and applicability to private bodies
Element:	4.Determine the preconditions and apply remedies for an application for judicial review at common law or under legislation
Performance Criteria:	4.1 Analyse and apply the requirement of establishing standing with reference to the nature of standing and the effect of a lack of standing 4.2 Identify and apply the possible remedies available in the event of an administrative decision maker acting wrongly, or outside their powers
Element:	5.Identify and apply the process of review on the merits undertaken by merits review tribunals
Performance Criteria:	5.1 Assess the possible means of obtaining a reconsideration of an administrative decision on the merits with reference to informal review and review by specialist tribunals 5.2 Examine, for application, the following features of the Administrative Appeals Tribunal Act 1975 (Cth): • the role, composition and powers of the Tribunal • reviewable decisions • standing requirements • procedural aspects • the relevance of government policy to decisions by the tribunal • the enforcement of the tribunal's decisions 5.3 Analyse the Victorian Civil and Administrative Appeals Tribunal Act, 1998 (Vic), with reference to the original jurisdiction of the tribunal and review jurisdiction of the tribunal
Element:	6.Compare for appropriate application, review by the Ombudsman as an alternative to review by an administrative tribunal or judicial review
Performance Criteria:	6.1 Assess the legal basis for review by the Ombudsman at Federal and State levels with reference to the historical development of the office of the Ombudsman, the Ombudsman Act 1974 (Cth) and the Ombudsman Act 1973 (Vic) 6.2 Evaluate the role of the Ombudsman in reviewing administrative decisions with reference to scope of investigative power, procedures adopted and remedies available 6.3 Analyse the advantages and disadvantages of review by the Ombudsman for application to practice
Element:	7.Evaluate and apply Commonwealth and State legislative provisions for obtaining information on administrative decisions
Performance Criteria:	7.1 Review for application the Commonwealth legislation providing access to reasons for and documents on administrative decisions, with reference to: • Freedom of Information Act 1982 (Cth) • Administrative Decisions (Judicial Review) Act 1977 (Cth) • Administrative Appeals Tribunal Act 1975 (Cth) 7.2 Review for application the Victorian legislation providing access to reasons for and documents on administrative decisions, with reference to • Freedom of Information Act 1983 (Vic) • Administrative Law Act 1978 (Vic) • Victorian Civil and Administrative Tribunal Act 1998 (Vic) 7.3 Distinguish the parameters of, and principles governing access to, reasons and documents on administrative decisions at Commonwealth and Victorian levels, with reference to: • uses of freedom of information legislation • entitlement • exemptions and exclusions • requirements of the statutory duty to provide reasons • requirements as to form

Learning Outcomes

 

Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.

 

Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

• Program overview and requirements
• MyRMIT/Canvas
• Overview of assessment requirements
• Pre-Training Review including:
  
• Recognition of Prior Learning and Credit Transfers
• Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities 

 

Course Schedule: LAW5724 Research the Application of Administrative law, Semester 1, 2020
Week	Topic	Assessment
Week 1 February 10	The history of government in Australia, Federation
Week 2 February 17	The Australian Constitution, distribution of legislative powers, Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria
Week 3 February 24	Courts, tribunals and subordinate legislation	Assessment Task 1 – Researching the functions of the Australian Legal framework and the delegation of legislative power - To be handed out
Week 4 March 2	Some key concepts in Administrative Law, sources and history of Administrative Law
Week 5 March 9	Judicial review, ultra vires and lack of jurisdiction
Week 6 March 16	Judicial review continued, errors in the way power used
Week 7 March 23	Defects in procedure, natural justice, the application of administrative law concepts to private bodies	DUE: Assessment Task 1 – Researching the functions of the Australian Legal framework and the delegation of legislative power
Week 8 March 30	Common law and equitable remedies, standing, the Administrative Law Act
Week 9 April 6	The Administrative Decisions (Judicial Review) Act, exclusion of judicial review
Mid-Semester Break
Week 10 April 20	Merits review, the Administrative Appeals Tribunal, the Victorian Civil and Administrative Tribunal
Week 11 April 27	Right to reasons, freedom of information legislation,	DUE: Assessment 2 - Pre-seen case test
Week 12 May 4	The Ombudsman
Week 13 May 11	Revision
Week 14 May 18		DUE: Assessment 3 - In-class Open Book Final Test
Week 15 May 25	Re submissions and Feedback
Week 16 June 1	Re submissions and Feedback
Week 17 June 8	Grade Entry

 

Law 5724 Research the Application of Administrative law

 

Week	Topic	Assessment
Week 1	The history of government in Australia, Federation
Week 2	The Australian Constitution, distribution of legislative powers
Week 3	The Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria	Assessment Task 1 – Researching the functions of the Australian Legal framework and the delegation of legislative power - To be handed out
Week 4	Courts, tribunals and subordinate legislation
Week 5	Some key concepts in Administrative Law, sources and history of Administrative Law
Week 6	Judicial review, ultra vires and lack of jurisdiction
Week 7	Judicial review continued, errors in the way power used	DUE: Assessment Task 1 – Researching the functions of the Australian Legal framework and the delegation of legislative power
Week 8	Defects in procedure, natural justice, the application of administrative law concepts to private bodies
Week 9 – 3 Apr	Common law and equitable remedies, standing, the Administrative Law Act
Week 10	The Administrative Decisions (Judicial Review) Act, exclusion of judicial review
Week 11	Merits review, the Administrative Appeals Tribunal, the Victorian Civil and Administrative Tribunal	Pre-seen case test
Week 12	Right to reasons, freedom of information legislation, the Ombudsman
Week 13	Revision
Week 14		Final Test Open Book
Week 15	No class
Week 16	Re submissions and Feedback
Week 17	Re submissions and Feedback

Learning Resources

Prescribed Texts

References

Dougla , R. and Hyland, M. Administrative Law. Lexisnexis Butterworths Focus Series

Other Resources

Relevant legislation

 

Commonwealth

Commonwealth of Australia Constitution Act

Administrative Appeals Tribunal Act 1975

Administrative Decisions (Judicial Review) Act 1977

Freedom of Information Act 1982

Judiciary Act 1903

Ombudsman Act 1974

 

Victoria

Administrative Law Act 1978

Constitution Act 1975

Freedom of Information Act 1983

Ombudsman Act 1973

Victorian Civil and Administrative Tribunal Act 1998

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.

Assessment Tasks

Assessment for this course will be conducted as follows:

 

Assessment Task 1 Research Assignment 

Due: Sunday, 29 March 2020

For this assessment Task you will undertake a research assignment that will cover  the following topics:

• The history of government in Australia, Federation
• The Australian Constitution, distribution of legislative powers
• The Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria
• Courts, tribunals and subordinate legislation

 

Assessment Task 2 Pre-seen Case Study 

Due: Sunday, 3 May 2020

For this assessment task you will be provided with a pre-seen case study that will address issues relating to administrative law and you will be required to answer a set of questions in class.

 

Assessment Task 3  In class assessment

Due: Tuesday, 19 May 2020

For this assessment task you will be required to answer set of questions in class that address the topics  covered in weeks 5 to 13.

 

You must complete all assessments to be deemed competent.

 

Assessment Matrix

The assessment matrix that maps all the assessment is available on Canvas.

 

 

Other Information

Submission Requirements

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks. (hard copy and soft copy)
• When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
• Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

 

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

 

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

• engaging with assessment activities in an honest way;
• providing accountability for the authorship and originality of work submitted;
• acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview