This course builds upon the foundation material studied in the compulsory administrative law classes. It seeks to extend students' understanding of the rule of law and the exercise of public power in practice by examining a real citizenship law case, that covers all aspects of administrative law.

Learning Outcomes

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

1. Research and critically evaluate the theoretical framework for administrative law through the analysis of a citizenship law matter.
2. Recognise, distinguish and appraise the relationship between theoretical issues and practical examples.
3. Identify and critically examine (in written and oral form) the administrative law rules and principles covered during the course.
4. Examine, investigate and interpret the policy issues arising from the citizenship law case covered.
5. Interpret, analyse and propose solutions to legal problems involving administrative law in practice.

Research-Led Teaching

Professor Rubenstein has maintained a practicing certificate and has continued to practice in administrative law, in particular through her citizenship expertise. She will incorporate that knowledge into her teaching, as well as her scholarship in this area. Her other research and public policy interests are set out at https://law.anu.edu.au/people/kim-rubenstein

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	23 July Introduction and Theories of the State
2	30 July Australian Citizenship Act 2007
3	6 August 'The Case'
4	13 August FOI
5	20 August Ombudsman
6	27 August Merits Review
7	17 September Merits Review
8	24 September Judicial Review
9	Judicial Review *Note dates to be clarified in first class
10	Misfeasance in Public office *Note dates to be clarified in first class
11	Acts of Grace and Other Remedies *Note dates to be clarified in first class
12	Concluding Themes - return to the case *Note dates to be clarified in first class

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	25/10/2019	28/11/2019	1.2.3.4.5
Class Presentation of 10 minutes	10 %	25/10/2019	28/11/2019	1.2.3.4.5
Research Essay Proposal and Annotated Bibliography - 500 word maximum	10 %	21/08/2019	30/08/2019	3.4.5
Research Essay - 4000 word maximum	70 %	31/10/2019	28/11/2019	1.2.3.4.5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Assessment Task 1

Class Participation

Details of Task: Part of the participation involves identifying a week in which you are 'on deck' for answering questions and being responsible for actively participating. That said, you are also expected at the other classes and need to notify the Lecturer if you are not going to be present in a particular class.

Nature of Task: Compulsory; non-participation will result in a 0 for this task.

Value or weighting: 10%

Release Date: Ongoing

Due date: Ongoing. Changing weeks (without an extension) is not permitted. If you are unable to be on deck due to exceptional circumstances that would justify an extension, then contact the Convener.

Estimated return date: Students will receive an email giving qualitative feedback (no mark) on their on deck week, and a mark at the end of the year for their combined class participation and on deck involvement. 

Assessment Criteria: Class participation will be graded according to how well students (both when on deck and in overall participation): 

make accurate reference to the material assigned; share their thoughts in a clear manner, use concise and engaging oral skills; adequately reflect on the issues discussed in class; demonstrate critical thinking

Assessment Task 2

Class Presentation of 10 minutes

Details of Task: This assessment gives you the opportunity to develop your oral skills in the context of administrative law, by presenting on one of the materials in the readings for the week or topic assigned or drawing from other material relevant to the topic of the week. The presentations will be 10 minutes in length. In addition to sharing with the class your interpretation of the assigned material you will also be expected to reflect on some of the themes established in the first class. A two sided dot point summary of your presentation will need to be submitted on the Friday of the week of your presentation. This task is compulsory. Failure to submit the task will result in a mark of 0 for the task.

Value or weighting: 10%

Release Date: Ongoing

Due date: Ongoing. Changing weeks (without an extension) is not permitted. If you are unable to present your paper due to exceptional circumstances that would justify an extension, then contact the Convener.

Estimated return date: Students will receive a mark at the end of the year for their class presentation.

Assessment Criteria: Class presentation will be graded according to how well students make accurate reference to the material assigned; share their thoughts in a clear manner, use concise and engaging oral skills; adequately reflect on the issues discussed in class; demonstrate critical thinking

Assessment Task 3

Research Essay Proposal and Annotated Bibliography - 500 word maximum

Details of Task: This assessment task is designed to give you feedback before the mid-point in the course, on your research essay proposal, to guide you in the writing of your essay, and to ensure that you are starting working on it with sufficient time to ensure you develop a strong argument based on solid research. This task is compulsory. Failure to submit the task will result in a mark of 0 for the task.

Value or weighting: 10%

Release Date: First class

Due date: 21 August 2019

Estimated return date: 30 August 2019

Assessment Criteria: This will be judged according to the clarity of the question identified for research, and a list of potential primary and secondary sources identified of relevance to the topic, with annotations around the reasons for the choice of these sources and some preliminary analysis around those sources.

Assessment Task 4

Research Essay - 4000 word maximum

Details of Task: In order to achieve the objectives of the subject, the research essay will require the development of a question which enables you to consider the theoretical context of the course, together with the practical expression of the administrative law area you choose to concentrate upon, and some discussion of policy issues. This task is compulsory. Failure to submit the task will result in a mark of 0 for the task.

Value or weighting: 70%

Release Date: First class

Due date: 31 October 2019

Estimated return date: 28 November 2019

Assessment Criteria: This essay will be marked according to the following criteria:

1. Research Skills

. Thorough research of primary materials where appropriate ie case law, statutes, Parliamentary material, government reports, etc

. Appropriate coverage of secondary materials, ie articles, journals

. Comparative country material where/if appropriate

. Use of theoretical material where appropriate

2. Content

. well-defined approach to topic

. important points covered, in light of the subject objectives such as the theoretical context, the practical expression of administrative law, and the policy issues

. material chosen appropriately and analysed rather than reproduced

. each point clearly related to the thrust of the essay

. no plagiarism

3. Synthesis/Innovation

. originality of ideas

. complexity and insight in dealing with theory/ideas

. interdisciplinary perspective where appropriate

. suggestions for change where appropriate

4.Structure/Arguments

. good use of structure; section headings and paragraphs

. arguments logical and well organised; ideas linked together coherently

. well reasoned conclusions

. sources well organised

5. Expression/Style

. well presented

. clarity and conciseness of expression

. direct and assertive

. consistent theme

. interesting and engaging of the reader

. use of correct terminology

. grammar, syntax, spelling correct with effective vocabulary

 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students