Course Title: Principles of Administrative Law

Part A: Course Overview

Course Title: Principles of Administrative Law

Credit Points: 12.00


Course Coordinator: Dr Adam Fletcher

Course Coordinator Phone: -

Course Coordinator Email: adam.fletcher@rmit.edu.au

Course Coordinator Location: Building 13

Course Coordinator Availability: By appointment


Pre-requisite Courses and Assumed Knowledge and Capabilities

Enforced Prerequisites:
054017 Contract Law
054026 Australian Government and Statutory Interpretation


Course Description

This course studies the aspects of public law by which the executive government is regulated. It examines the structure and powers of Australian government, and how limits on governmental power can be enforced by administrative review processes in the courts and tribunals. Both merits review and judicial review – and the constitutional reasons for their separation – will be studied, along with additional avenues for oversight such as privacy, freedom of information, human rights and Ombudsman regimes. Importantly, the course will also cover the adequacy of current systems of administrative review to hold governments to account.


Objectives/Learning Outcomes/Capability Development

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Course Learning Outcomes  

Upon successful completion of this course, you will:

CLO1: Critique the theoretical foundations of administrative law and its constitutional context; and demonstrate an understanding of the structures and processes of administration and administrative decision-making;

CLO2: Apply merits review and Ombudsman review;

CLO3: Demonstrate understanding of the jurisdiction of Australian courts to undertake judicial review; and apply the grounds of judicial review; 

CLO4: Assess restrictions on judicial review deriving from rules and principles relating to standing, privative clauses, non-justiciability and Crown immunity; 

CLO5: Apply constitutional, statutory, common law and equitable remedies;

CLO6: Critique the impact of human rights legislation on administrative law, where such legislation exists; 

CLO7: Evaluate freedom of information laws.

 

 


Overview of Learning Activities

To achieve the objectives this course requires you to participate in various learning activities. These activities comprise of lectures, tutorials, self-directed learning, participation through in-class and online activities, legal writing exercises, collaborating with peers on set tasks or projects, statutory interpretation exercise, and a final examination.


Overview of Learning Resources

Various learning resources are available online through myRMIT Studies/Canvas. These include seminar slides, assessment details, links to relevant internet information, readings and communication tools to facilitate collaboration with your peers.

Resources are also available online through RMIT Library databases and other facilities. Visit the RMIT library website for further details. Assistance is available online via our chat and email services, face to face at our campus libraries or via the telephone on (03) 9925 2020.

Additional resources and/or sources to assist your learning will be identified by your course coordinator and will be made available to you as required during the teaching period.


Overview of Assessment

Assessment Task 1: 20%

Linked CLOs: 1, 2, 7

Assessment Task 2: 30%

Linked CLOs: 3, 4

Assessment Task 3: 50%

Linked CLOs: 1, 2, 3, 4, 5, 6, 7