Course Title: Research the application of administrative law
Part B: Course Detail
Teaching Period: Term1 2021
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: Theresa Lyford
Course Contact Phone: +61 3 9925 5444
Course Contact Email: theresa.lyford@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Bill Unkles
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):
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:
7.2 Review for application the Victorian legislation providing access to reasons for and documents on administrative decisions, with reference to
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:
|
Learning Outcomes
Details of Learning Activities
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
This course is comprised of one competency: VU21647 Research the application of administrative law
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 requiements
- 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
The Teaching Schedule for this course is as follows.
Please note that this schedule is subject to change.
Course Schedule: LAW5724 Research the Application of Administrative law, Semester 1, 2021 | ||
Week |
Topic |
Assessment |
|
Week 1
|
The history of government in Australia, Federation |
|
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Week 2
|
The Australian Constitution, distribution of legislative powers, Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria |
|
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Week 3
|
Courts, tribunals and subordinate legislation
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|
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Week 4
|
Some key concepts in Administrative Law, sources and history of Administrative Law |
|
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Week 5
|
Judicial review, ultra vires and lack of jurisdiction |
|
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Week 6
|
Judicial review continued, errors in the way power used |
|
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Week 7
|
Defects in procedure, natural justice, the application of administrative law concepts to private bodies |
Assessment Task 1 due |
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Week 8
|
Common law and equitable remedies, standing, the Administrative Law Act |
|
| Mid-Semester Break | ||
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Week 9
|
The Administrative Decisions (Judicial Review) Act, exclusion of judicial review |
|
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Week 10
|
Merits review, the Administrative Appeals Tribunal, the Victorian Civil and Administrative Tribunal |
|
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Week 11
|
Assessment Task 2 due in class |
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Week 12
|
Right to reasons, freedom of information legislation |
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Week 13
|
The Ombudsman, Revision |
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Week 14
|
Assessment Task 3 due in class |
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Week 15
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Re submissions and Feedback |
|
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Week 16
|
Re submissions and Feedback |
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Week 17
|
Grade Entry |
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Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT website's Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
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
In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the three assessments in this course.
Assessment Task 1: Research Assignment
Due: 11:59PM Sunday 28 March 2021
The purpose of this assessment task is for students to develop their understanding of the functions of the Australian legal framework and the principles governing the delegation of legislative power in Australia. To be deemed competent in this assessment students must be able to:
- Research the functions of the Australian legal framework
- Research subordinate legislation and the principles governing delegation of legislative power
Assessment Task 2: Pre-seen case study -Online assessment
Due: In-class during Week Commencing 26 April 2021
The purpose of this task is to assess students’ skills and knowledge required to assist in the analysing judicial review of decisions. It will also assess their ability to determine the preconditions and apply remedies for an application for judicial review at common law or under legislation. Furthermore, it will assess their ability to apply these key learning areas to a pre seen legal case relevant to this area of law.
Assessment Task 3: Online Assessment
Due: In-class during Week Commencing 17 May 2021
The purpose of this assessment task is to assess students on the following learning outcomes:
- Ability to analyse judicial review of decisions
- Determine the preconditions and apply remedies for an application for judicial review at common law or under legislation
- Identify and apply the process of review on the merits review tribunals
- Compare for appropriate application, review by the Ombudsman as an alternative to review by an administrative tribunal or judicial review.
- Evaluate and apply Commonwealth and State legislative provisions for obtaining information on administrative decision.
Assessment Matrix
The assessment matrix that maps all the assessments 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.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview