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:
what accountability means in the context of the administrative state';
changing patterns of 'governance' in contemporary Australia;
the historical and constitutional context of Australian administrative law;
the administrative law framework for review of government decision-making;
concepts and principles of merits and judicial review;
jurisdiction and remedies available from courts and tribunals, and the principles of standing;
other administrative law avenues including information access rights and ombudsmen; and
the impact of human rights legislation on Australian administrative law.
Upon successful completion, students will have the knowledge and skills to:
- Identify, explain and apply the principles of administrative law covered in the course;
- Identify and analyse some of the current controversies and trends in the area of administrative law
- Access, use, interpret and apply complex statutory material to solve administrative law problems;
- Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex administrative law problems;
- Analyse and predict how unresolved or ambiguous administrative law questions could be resolved by the courts through an analysis of case law and the judicial method.
- 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. (null) [LO null]
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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
Peter Cane, Leighton McDonald, and Kristen Rundle, Principles of Administrative Law (3rd ed, Oxford University Press, 2018) Cases: Peter Cane, Leighton McDonald, and Kristen Rundle, Cases for Principles of Administrative Law (3rd ed, Oxford University Press, 2018)
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.
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
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