Course Title: Administrative Law
Part B: Course Detail
Teaching Period: Term2 2008
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
Week Beginning | Topic | Assessment |
Week 1 - 7 Jul | History of government in Australia, Federation | |
Week 2 - 14 Jul | The Australian Constitution, distribution of legislative powers | |
Week 3 - 21 Jul | The Executive and Judicature, the separation of powers, changing the Constitution, Government in Victoria | |
Week 4 - 28 Jul | Courts, tribunals and subordinate legislation | |
Week 5 - 4 Aug | Some key concepts in Administrative Law, sources and history of Administrative Law | Short answer / multiple choice test (30%) |
Week 6 - 11 Aug | Judicial review, ultra vires and lack of jurisdiction | |
Week 7 - 18 Aug | Judicial review continued, errors in the way power used | |
Week 8 - 25 Aug | Judicial review continued, further errors in the way power used | |
Mid Semester Break (Student Vacation) - 1 to 5 Sept | ||
Week 9 - 8 Sept | Sept Practical placement | |
Week 10 - 15 Sept | Sept Practical placement | |
Week 11 - 22 Sept | Defects in procedure, natural justice, the application of administrative law concepts to private bodies | |
Week 12 - 29 Sept | Common law and equitable remedies, standing, the Administrative Law Act | Pre-seen case test (30%) |
Week 13 - 6 Oct | The Administrative Decisions (Judicial Review) Act, exclusion of judicial review | |
Week 14 - 13 Oct | Merits review, the Administrative Appeals Tribunal, the Victorian Civil and Administrative Tribunal | |
Week 15 - 20 Oct | Right to reasons, freedom of information legislation, the Ombudsman | |
Week 16 - 27 Oct | Final Test Open Book (40%) | |
Week 17 - 3 Nov | Deferred assessments | |
Week 18 - 10 Nov | Feedback |
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
Australian Legal Sites (www.dlsweb.rmit.edu.au/just5010/)
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)
Federal Magistrates Court (www.fms.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 Outcome | Written 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. | X | X | |
5. Identify and analyse the preconditions for an application for judicial review at common law or under legislation and the possible remedies available. | X | X | |
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