Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

A participant who has successfully completed this course should understand Australian administrative law in a civil and military law context.

• In particular, the participant will understand:
  • the impetus for and justification of the imposition of administrative law standards including why decision-makers should be accountable
  • the sources of the jurisdiction of courts to undertake judicial review and appeal
  • the distinction between judicial and merits review
  • the jurisdiction and processes of tribunals
  • the jurisdiction and processes of investigative bodies such as Ombudsman, Privacy Commissioner, and anti-discrimination and equal opportunity bodies
  • private law processes for challenging government decisions including tort and contract law
  • other administrative law rights such as freedom of information and privacy.
• Understand the sources for and the framework of administrative law within the Australian Defence Force and how these relate to the general administrative law framework, in particular:
  • the extent to which decisions within the Australian Defence Force are not coverage by the civil administrative law bodies
  • Australian Defence Force bodies which provide alternatives to, or substitutes for, the civil administrative law institutions.
• Understand administrative law principles, in particular:
  • the constitutional underpinning for administrative law
  • the principle of legality
  • Crown immunity from statute
  • executive power as a source of authority
  • who is an authorised decision-maker, that is, delegates/agents/others
  • the grounds of review including:
    • relevant/irrelevant considerations
    • executive policies, directions and representations
    • fair processes including the natural justice
    • fact, law and evidence
    • unreasonableness.
• Understand the impact of administrative law principles within the ADF, in particular as they apply to:
  • administrative inquiries, including quick assessments
  • the Redress of Grievance process
  • administrative sanctions and terminations.
• Understand civil administrative law remedies.
• Understand the military administrative law remedies.
• Be able to critique the administrative law principles and institutions which apply in a civil law and a military law context.

Indicative Assessment

The assessment will comprise:

• a multiple choice and short answer test completed prior to the course
• a problem question completed in class
• a class presentation on a topic from a list supplied to be approved by the course coordinator
• a take-home exam.

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

Week long intensive seminar with on-line communication and activities before and after.

Requisite and Incompatibility

Prescribed Texts

The prescribed text for this course is R Creyke and J McMillan Control of Government Action LexisNexis 2005.  Additional course materials on CD will be provided to you by the ANU College of Law.

Preliminary Reading

It is strongly recommended that course participants refresh their understanding of foundation administrative law principles.  Control of Government Action LexisNexis 2005 or other reputable administrative law texts.

Assumed Knowledge

The course will be taught on the basis that you have an understanding of basic principles of administrative law. You should also be familiar with relevant ADF policies as they relate to administrative law and military operations.

Offerings, Dates and Class Summary Links