The course introduces administrative law practice from an Australian Government agency and private client perspective. It prepares students to advise and assist clients on administrative law matters and to obtain review of federal administrative decisions. The focus is on:
• Understanding the decision-making process pursuant to legislation and generally;
• Review of decisions within government agencies and by external tribunals in particular, the Administrative Appeals Tribunal (AAT);
• Preparation of review documents such as statements of reasons and of AAT documents such as a statement of facts and contentions;
• The role of the Commonwealth Ombudsman, Privacy Act, Freedom of Information Act (FOI), judicial v merits review and the use of Archives Act;
• Drafting skills; and
• Understanding accountability and ethical considerations in administrative law practice.
It is important to recognise there is also state legislation providing for access to government information, protection of personal information and review of State Government decisions. While there are links provided in available resources, this course does not cover State based legislative schemes. This course (and assessments pursuant to this course) is based on Commonwealth law only; however, students may draw on State based schemes while making postings under the Hot Topics Forum.
The Administrative Law Practice course introduces legal frameworks and principles applicable to aspects of administrative law practice and helps students develop skills, knowledge and understanding of the differences between acting for a private citizen or government client.
Students will experience different perspectives of administrative law practice as they represent a government agency for part of the scenario and a private citizen in another part of the matter. Legal practitioners must have an understanding of, and experience in, advising on administrative law matters for different clients and ‘opposing' sides.
This Administrative Law course does not qualify students to be a ‘government lawyer’ or enable them to specialise in administrative law more specifically, as one course cannot fully or adequately cover the wide range of ‘government practice’ that administrative law (and government legal practice more generally) entails, including:
• Litigation;
• Commercial practice – such as procurement, contracting, finance and related matters;
• Corporate governance;
• Statutory interpretation and advice work;
• Constitutional law (note there are legal requirements here, including Legal Services Directions (LSDs) and tied work;)
• Legal advice for policy development;
• Legal advice relevant to development and / or and managing legislation etc; and
• Legal Advice in relation to Parliament – committees, Ministers, private clients etc.
Litigation and commercial law are covered in a range of other courses offered under the Graduate Diploma of Legal Practice banner.
The Government Law elective course provides an introduction to government practice through the legal policy development ‘pathway’ and uses a scenario to illustrate aspects of legal work that may be involved.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
By participating in the course and satisfying the competency requirements through undertaking structured and self-regulated activities, a student will develop and apply knowledge and skills to be able to:
1. Investigate, analyse and evaluate the client’s situation to identify the
administrative law problem(s), synthesise the relevant law, how and where to
obtain information and investigate and apply relevant processes and procedures
to obtain relevant information.
2. Analyse, research, interpret and evaluate the facts of the matter and means
of review of decision(s), critically reflect on the breadth and scope of legal
issues and applicable law to be able to communicate to the client(s) options
for review/resolution of the matter.
3. Research and generate by drafting, relevant document(s) in a format that
will identify, apply and communicate information to the client or transmit
information in the form required by the decision-maker, reviewer, tribunal or
court to appropriately represent the client.
4. Demonstrate and reflect critically on their ethical and professional behaviour
and responsibilities.
5. Demonstrate and apply the knowledge, skills and values required to achieve
the ‘Competency Standards for Entry Level Lawyers’ as determined by the Law
Admissions Consultative Council
Indicative Assessment
Students are required to contribute to a discussion forum where they critically reflect on topics and issues relevant to administrative law practice and engage in discussion with their peers. Students draft an advice to a client on the prospects of challenging or defending an adverse government decision, research and draft relevant Tribunal documents and represent the client in the AAT.
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
Hours required will depend on previous experience and/or knowledge.
You self-pace your study to meet online course timelines and assessment deadlines within an 8 week intensive course.
Requisite and Incompatibility
Prescribed Texts
Content book and related materials are provided prior to the course commencing. Most materials are also provided online.
Preliminary Reading
If it is some time since your undergraduate studies in Administrative Law, refresh your knowledge of general principles, using one of the several general administrative law texts.
Reading lists are available through the course homepage in WATTLE.
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:
- 3 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 |
---|---|
3.00 | 0.06250 |
Course fees
- Domestic fee paying students
Year | Fee |
---|---|
2016 | $1147 |
- International fee paying students
Year | Fee |
---|---|
2016 | $1503 |
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.
Summer Session
Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
---|---|---|---|---|---|---|
1540 | 18 Jan 2016 | 22 Jan 2016 | 29 Jan 2016 | 11 Mar 2016 | Online | N/A |
Autumn Session
Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
---|---|---|---|---|---|---|
5281 | 28 Mar 2016 | 01 Apr 2016 | 08 Apr 2016 | 20 May 2016 | Online | N/A |
Winter Session
Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
---|---|---|---|---|---|---|
6507 | 04 Jul 2016 | 10 Jul 2016 | 15 Jul 2016 | 26 Aug 2016 | Online | N/A |
Spring Session
Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
---|---|---|---|---|---|---|
9280 | 05 Sep 2016 | 09 Sep 2016 | 07 Oct 2016 | 28 Oct 2016 | Online | N/A |