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70617 Administrative Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): 70616c Australian Constitutional Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.

Description

Administrative law regulates decisions and actions of government. This subject considers various mechanisms designed to control the conduct of officials who exercise broad discretionary powers, from government ministers to public servants and tribunal members. These fall into three main groups. First, what's known as the integrity branch includes the ombudsman, freedom of information requests, privacy rules and anti-corruption watchdogs. Second, tribunals regularly exercise merits review of government decisions. Therefore, this subject explores in particular the powers of the federal Administrative Appeals Tribunal. Third, the courts exercise supervision over the executive arm of government by conducting judicial review of executive decisions and actions. Around half of class time in this subject is devoted to the large and complex body of law which has developed to spell out the central principles of judicial review and the rights of the individual in dealing with government through administrative law.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Demonstrate an advanced understanding of how governments lawfully make decisions and an individual???s rights in relation to the exercise of governmental authority.
2. Evaluate the components of, and procedures for, lawful decision-making by the Administrative Appeals Tribunal.
3. Generate reasoned and persuasive arguments appropriate to different legal forums: tribunals and courts.
4. Collaborate with others through coaching, providing constructive and timely feedback, and by effectively using peer feedback.
5. Express themselves in a professional manner through spontaneously conveying succinct, logical and relevant legal analysis.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Strategy 1: Students’ Off-campus Preparation

Students spend time preparing for each lecture and tutorial by reading and reflecting upon what they have learnt after each. A reading guide on UTSOnline sets out the material that they are expected to have read prior to lectures. Lecture slides and recordings are available on UTSOnline after each lecture.

Strategy 2: Using Off-campus Resources to Keep Learning Current and Relevant

Timely items, such as recent cases or news reports, will be posted on UTSOnline and discussed in lectures and tutorials so that students develop an understanding of the organic development of Administrative Law in the real world.

Strategy 3: Learning through Engagement in Lectures

Lecturers engage students in learning about challenging principles of Administrative Law. Lectures are recorded and available for student review. Lectures are designed to be interactive: students are encouraged to ask questions and while lectures are recorded these recordings will not necessarily capture all students’ comments from the room. Therefore, students are urged to attend lectures.

Strategy 4: Simulated Practice as an Administrative Lawyer

Students write submissions to the Administrative Appeals Tribunal based on a fictional client. In this written work, students must navigate the procedural and substantive legal requirements of AAT decision-making. They refine and receive formal feedback on their writing and analytical skills in the context of an application for merits review of government action.

Strategy 5: Learning through Tutorial Discussion

Each week, students will engage in discussions in tutorials, with opportunities to seek immediate feedback from tutors and peers or seek clarification of ongoing learning. Students will refine higher order oral communication skills by, in one tutorial, making a brief oral contribution responding to tutors’ questions which is assessed on the basis of its succinctness, spontaneity and relevance.

Strategy 6: Collaborative Coaching of Peers Prior to Tutorials

Students will work in teams before tutorials, using UTSOnline to provide feedback to the team member preparing for their oral presentation. These activities simulate the authentic practice of administrative law, requiring students to apply their understanding of legal principles to problem questions, to coach each other and learn how to effectively incorporate peer feedback prior to contribution in tutorials. Tutor feedback is provided individually on an ongoing basis in relation to oral contributions in tutorials and online coaching activities.

Subject Delivery

Administrative Law is delivered by way of lectures, tutorials, and online platforms disseminating information and collaboration.

Each week there are two 1.5 hour lectures commencing in week 1. Two series of lectures are offered, one in the day and one in the evening. The lectures are recorded and will be available via UTS Online. Lecture notes or PowerPoint slides will be posted on UTS Online prior to class. Also posted on UTSOnline will be links to further cases and/or articles on interesting recent developments in Administrative Law.

Students attend a 1.5 hour tutorial each week. Students should have allocated themselves into a tutorial group. Discussion questions will be posted on UTSOnline two weeks in advance of the tutorial.

The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetable in My Subject Activities online at https://mysubjects.uts.edu.au.

Content (topics)

· Introduction to Administrative Law

· Statutory Interpretation

· Merits Review

· Administrative Appeals Tribunal

· Complaint Handling – the Ombudsman

· Freedom of Information, Privacy and the Integrity Branch

· Introduction to Judicial Review

· Delegated Legislation

· Jurisdiction and Standing under the Common Law and Administrative Decisions (Judicial Review) Act

· Remedies

· Grounds of Judicial Review (including Errors of Law, Procedural Fairness and Jurisdictional Error)

· Privative Clauses

Assessment

Assessment task 1: Tutorial Engagement and Oral Contribution

Objective(s):

This task addresses the following subject learning objectives:

3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 40%

Assessment task 2: Written Submission

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 30%
Length:

2500 words.

Assessment task 3: Final Open Book Examination

Objective(s):

This task addresses the following subject learning objectives:

1 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 30%
Criteria:
  • Understanding of common law and Administrative Decisions (Judicial Review) Act judicial review;
  • Identification of relevant issues;
  • Application of rules and caselaw;
  • Academic writing and plain English expression.

Required texts

Judith Bannister, Gabrielle Appleby & Anna Olijnyk, Government Accountability Australian Administrative Law (Cambridge University Press, 2015).

Recommended texts

On Administrative Law generally:

  • Peter Cane and Leighton McDonald, Principles of Administrative Law: Legal Regulation of Governance (Oxford University Press, 2nd edition, 2012).
  • Peter Cane and Leighton McDonald, Cases and Materials for Principles of Administrative Law (Oxford University Press, 2nd edition, 2012).
  • Robin Creyke, John McMillan & Mark Smyth, Control of Government Action: Text, Cases and Commentary
  • (LexisNexis Butterworths, 4rd edition, 2015).
  • Douglas/Hyland, Focus-Administrative Law, LexisNexis, 3rd edn, 2014.
  • ed Matthew Groves, Modern Administrative Law in Australia: Concepts and Context, Cambridge University Press, 2014.
  • W B Lane and Simon Young, Administrative Law in Australia (Lawbook, 2007).
  • Michael Head, Administrative Law: Context and Critique (Federation Press, 3rd edition, 2012).
  • Roger Douglas and Michael Head, Douglas and Jones’s Administrative Law (Federation Press, 7th ed, 2014).
  • Matthew Groves and H. P. Lee, Australian Administrative Law: Fundamentals, Principles and Doctrines (Cambridge University Press, 2007)
  • Fiona McKenzie, Administrative Power and the Law (LexisNexis, 2006).

On judicial review specifically:

  • Mark Aronson, Bruce Dyer and Matthew Groves, Judicial Review of Administrative Action (Lawbook, 5th ed, 2013).

On merits review specifically:

  • Dennis Pearce, Administrative Appeals Tribunal (LexisNexis, 4th ed, 2015).
  • J. R. S. Forbes, Justice in Tribunals (Federation Press, 3rd ed, 2010).
  • Robin Creyke, Tribunals in the Common Law World (Federation Press, 2008).
  • Moira Paterson, Freedom of Information and Privacy in Australia: Government and Information Access in the Modern State, (Lexis Nexis, 2005).
  • Carolyn Doyle and Mirko Bagaric, Privacy Law in Australia (Federation Press, 2005).

On public law more generally:

  • David Clark, Introduction to Australian Public Law (LexisNexis, 4th ed, 2013).
  • Alexander Reilly, Gabrielle Appleby, Laura Grenfell and Wendy Lacey, Australian Public Law (Oxford University Press, 2011).
  • Tony Blackshield, Roger Douglas and George Williams, Public Law in Australia (Federation Press, 2010).

On statutory interpretation:

  • Dennis Pearce and Robert Geddes, Statutory Interpretation in Australia (LexisNexis,8th ed, 2014). Michelle Sanson, Statutory Interpretation (Oxford University Press, 2012).
  • On delegated legislation:
  • Dennis Pearce and Stephen Argument, Delegated Legislation in Australia (LexisNexis, 4th ed, 2012).

On legal writing and grammar:

  • Michele M Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010).

Other resources

Federal Government Institutions:

NSW: