Course Title: Research the application of administrative law

Part B: Course Detail

Teaching Period: Term2 2017

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: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Doug Cole

doug.cole@rmit.edu.au

 

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/Blackboard
  • 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 

 The Teaching Schedule for this course is located in the file attachment named "Admin Law Course Information_Sem 2 2017". (Please note that this schedule is subject to change)".


Learning Resources

Prescribed Texts


References

Douglas, R., Administrative Law, Butterworths Tutorial Series, 2nd edition


Other Resources


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:

Short answer/multiple choice test

30%

Pre-seen case test

30%

Final test - open book

40%

The timing of these assessments will be as per the Weekly Schedule. See "Admin Law Course Information_Sem 2 2017".


Assessment Matrix

Other Information

Submission Requirements

You should:

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks (both hard copy and soft copy).
  • Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
  • Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions (VE Programs):

You must satisfactorily complete all assessment tasks in order to achieve competency.

If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.

If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.

If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Marking Guide (Competency)

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.

Marking Guide (Grading)

This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:

 CHD

 Competent with High Distinction

 CDI

 Competent with Distinction

 CC

 Competent with Credit

 CAG

 Competency Achieved – Graded

 NYC

 Not Yet Competent (all assessment tasks submitted)

 DNS

 Did Not Submit (one or more assessment tasks not submitted)

Further details regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview