Course Title: Administrative Law

Part B: Course Detail

Teaching Period: Term2 2010

Course Code: LAW5051

Course Title: Administrative Law

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Doug Cole

Course Contact Phone: +61 3 9925 5424

Course Contact Email:doug.cole@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]

Course Description

This modules covers the development and structure of the organs of government in Australia, the constitutional framework, subordinate legislation, judicial review of administrative decisions, merits review of administrative decisions, the Ombudsman, access to reasons for administrative decisions and Freedom of Information


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM908 Administrative Law


Learning Outcomes


1. Evaluate and assess the development of the organs of government in Australia. Distinguish the executive functions of government from the legislative and judicial functions. Identify the nature of decisions forming the subject matter of administrative law.
2. Define and analyse subordinate legislation and assess the principles governing delegation of legislative power.
3. Distinguish judicial review of decisions from review on the merits.
4. Analyse the common law and statutory principles which govern judicial review of decisions.
5. Identify and analyse the preconditions for an application for judicial review at common law or under legislation and the possible remedies available.
6. Analyse and specify the process of review on the merits undertaken by merits review tribunals.
7. Analyse and evaluate review by the Ombudsman as an alternative to review by an administrative tribunal or judicial review.
8. Evaluate legislative provisions which provide access to reasons for administrative decisions and documents at Commonwealth and State Levels.


Details of Learning Activities

Students will study Administrative Law skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.


Teaching Schedule

 Subject to variation

Week BeginningTopic  Assessment
Week 1 -  5 JulHistory of government in Australia, Federation  
Week 2 - 12 JulThe Australian Constitution, distribution of legislative powers  
Week 3 -19 Jul The Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria  
Week 4 - 26 JulCourts, tribunals and subordinate legislation  
Week 5 - 2 AugSome key concepts in Administrative Law, sources and history of Administrative Law Short answer / multiple choice test (30%)
Week 6 -9 AugJudicial review, ultra vires and lack of jurisdiction  
Week 7 -16 AugJudicial review continued, errors in the way power used  
Week 8 -23 AugJudicial review continued, further errors in the way power used  
 Mid Semester Break (Student Vacation) - 30 Aug to 3 Sept  
Week 9 - 6 SepFull time students, practical placement, part time students, revision 
Week 10-13 SepDefects in procedure, natural justice, the application of administrative law concepts to private bodies  
Week 11 -20 SepCommon law and equitable remedies, standing, the Administrative Law Act  
Week 12 - 27 SepThe Administrative Decisions (Judicial Review) Act, exclusion of judicial review Pre-seen case test (30%)
Week 13 - 4 OctMerits review, the Administrative Appeals Tribunal, the Victorian Civil and Administrative Tribunal  
Week 14 - 11 OctRight to reasons, freedom of information legislation, the Ombudsman  
Week 15 - 18 OctRevision 
Week 16 - 25 Oct Final Test Open Book (40%)
Week 17 - 1 NovDeferred assessments  
Week 18 - 8 NovFeedback  


Learning Resources

Prescribed Texts

Cole, D Administrative Law Learner’s Resource, Australian Training Products


References


Other Resources

M Allars
Introduction to Australian Administrative Law
Butterworths

A Ardagh
Administrative Law (LBC Nutshell)
Law Book Company

R Douglas and M Jones
Administrative Law Cases and Materials
The Federation Press

Katzen and Douglas,
Administrative Law (Butterworths Tutorial Series)
Butterworths

S Street
Administrative Law (Butterworths Casebook Companions)
Butterworths

Sykes, Lanham, Tracey and Esser
General Principles of Administrative Law
Butterworths

Tomasic and Fleming
Australian Administrative Law
Law Book Company

On-line resources

Australasian Legal Information Institute (www.austlii.edu.au)
CCH Online (www.cch.com.au)
ComLaw (www.comlaw.gov.au)
LexisNexis Butterworths Online (www.butterworthsonline.com)
Victorian Legislation and Parliamentary Documents (www.legislation.vic.gov.au)
High Court of Australia (www.hcourt.gov.au)
Federal Court of Australia (www.fedcourt.gov.au)
Supreme Court of Victoria (www.supremecourt.vic.gov.au)
County Court of Victoria (www.countycourt.vic.gov.au)
Magistrates’ Court of Victoria (www.magistratescourt.vic.gov.au)
Administrative Appeals Tribunal ((www.aat.gov.au)
Victorian Civil and Administrative Tribunal (www.vcat.vic.gov.au)
Commonwealth Ombudsman (www.comb.gov.au)
Victorian Ombudsman (www.ombudsman.vic.gov.au)

Federal Legislation

Administrative Appeals Tribunal Act 1975
Administrative Decisions (Judicial Review) Act 1977
Freedom of Information Act 1982
Judiciary Act 1903
Ombudsman Act 1974


Victorian Legislation

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

Assessment will consist of written tests.


Assessment Tasks

Assessment that learning outcomes have been achieved will be by:

Short answer/multiple choice test (closed book)  -  30%
Pre-seen case test   -  30%
Final test (open book)  -  40%

total  - 100%

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.


Assessment Matrix

 

Learning OutcomeWritten Test 1 Written Test 2 Written Test 3
1. Evaluate and assess the development of the organs of government in Australia. Distinguish the executive functions of government from the legislative and judicial functions. Identify the nature of decisions forming the subject matter of administrative law.X  
2. Define and analyse subordinate legislation and assess the principles governing delegation of legislative power. X X
3. Distinguish judicial review of decisions from review on the merits.   X
4. Analyse the common law and statutory principles which govern judicial review of decisions.  XX
5. Identify and analyse the preconditions for an application for judicial review at common law or under legislation and the possible remedies available.  XX
6. Analyse and specify the process of review on the merits undertaken by merits review tribunals.   X
7. Analyse and evaluate review by the Ombudsman as an alternative to review by an administrative tribunal or judicial review.   X
8. Evaluate legislative provisions which provide access to reasons for administrative decisions and documents at Commonwealth and State levels.   X

Course Overview: Access Course Overview