70617 Administrative Law

Requisite(s): 70616 Federal Constitutional Law
Undergraduate and Postgraduate
Subject coordinator: I Ellis-Jones

This subject deals with the control of government decisions. The primary focus is on the various mechanisms designed to achieve accountability on the part of officials who exercise broad discretionary powers, including decisions of the Governor-General, Ministers of the Crown, department heads, public servants and other public officers. (Judicial review ensures supervision by the executive arm of government of decisions made by the executive. Accountability of the executive is also achieved through other mechanisms such as the role of the ombudsman, freedom of information legislation, and privacy and anti-corruption legislation.)

The subject deals principally with judicial review by the courts of decisions and actions of government. It also deals with some aspects of administrative law relating to non-governmental bodies. Administrative law is studied under the following broad topic areas: grounds of review of administrative decisions, in particular procedural fairness, ultra vires and jurisdictional error; and remedies available upon judicial review, including prerogative writs and equitable remedies.

The subject also deals with judicial review under the Administrative Decision (Judicial Review) Act 1976 (Cwth); administrative review, especially the jurisdiction of the Administrative Appeals Tribunal Act 1976 (Cwth) and comparable state legislation. The role of the Ombudsman, Freedom of Information, Privacy and Anti-Corruption legislation is also reviewed.

This subject aims to provide an understanding of:

• the central principles and the rights of the individual in dealing with government through administrative law, including the ideals of preservation of order, the welfare of the citizen, natural justice and the rights of the individual in contrast to governmental power
• the processes of institutions, both administrative and judicial, which regulate administrative action, and
• the institutions, legal principles, reasoning, constructs and techniques of administrative law.

Typical availability

Autumn semester, City campus
Spring semester, City campus