Administrative Law examines the legal framework for controlling decision-making by Commonwealth, State and local government decision-makers in Australia. It focuses on the legal restraints upon government, and the role those restraints play in maintaining government accountability. The role played by courts, tribunals and Ombudsman and the opportunities available to the public to question government activity is examined. The course covers the core administrative law material required for admission purposes and for work in the area of law and government. The following topics will be covered:
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what accountability means in the context of the administrative state';
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changing patterns of 'governance' in contemporary Australia;
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the historical and constitutional context of Australian administrative law;
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the administrative law framework for review of government decision-making;
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concepts and principles of merits and judicial review;
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jurisdiction and remedies available from courts and tribunals, and the principles of standing;
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other administrative law avenues including information access rights and ombudsmen; and
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the impact of human rights legislation on Australian administrative law.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
A candidate who has successfully completed the subject should:- understand the principles of judicial review of administrative action at both the State and Federal levels of government in Australia;
- understand the limits on the powers of the courts to engage in judicial review of administrative action, and the constitutional protection of such review;
- understand some of the ways in which administrative action can be reviewed by non-judicial mechanisms, and how particular administrative law institutions fit into the overall administrative law system;
- be aware of some of the current controversies and trends in the area of administrative law;Have the capacity to think critically about administrative law, its underpinning values, and its impact on administrative decision-making;
- have further developed their skills in reading, interpreting and analysing cases and legislation; and
- have the ability to apply administrative law principles to resolve practical problems.
Indicative Assessment
Assessment in Administrative Law includes a final examination in the end of semester examination period and usually an optional (and redeemable) component. In 2012 this optional component consisted of a series of group work exercises worth 25% of the final mark. Students should check the course outline for further information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course.
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Administrative Law is a compulsory course generally involving four hours of contact time per week over the semester, including tutorials. Students are generally expected to devote approximately 10 hours overall per week to this course.
Requisite and Incompatibility
Prescribed Texts
Peter Cane and Leighton McDonald, Principles of Administrative Law: Legal Regulation of Governance (Oxford University Press,2nd Edition, 2013) and Peter Cane and Leighton McDonald, Cases and Materials for Principles of Administrative Law (Oxford University Press, 2nd Edition, 2013) (available as a 'pack' ISBN: 9780195566390). Other materials will be made available on the course Wattle page.
Preliminary Reading
Any preliminary reading will be set out in the course outline for each class.
A comprehensive reading guide will be available either in the course outline or a separate document available from the course web page on the ANU College of Law website.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2015 | $2958 |
- International fee paying students
| Year | Fee |
|---|---|
| 2015 | $4146 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 2154 | 16 Feb 2015 | 06 Mar 2015 | 31 Mar 2015 | 29 May 2015 | In Person | N/A |