This course is designed to expose students to some of the most interesting challenges in Australian Administrative Law, and to permit them to engage in a scholarly and reflective analysis of the issues involved in cases and issues which have come before the courts. Topics offered may change from time to time.

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 current topics.
2. Evaluate the relationship between theoretical issues and practical examples in administrative law.
3. Synthesise and critically examine (in written and oral form) the administrative law rules and principles covered during the course.
4. Critically reflect on the administrative policy issues arising from the topics covered.
5. Critically analyse, and propose solutions to, legal problems involving administrative law in practice.

Research-Led Teaching

The topic for this course has been designed around the Convenor’s research.

Required Resources

Janina Boughey, Ellen Rock and Greg Weeks, Government Liability: Principles and Remedies (LexisNexis Australia, 2019).

Recommended Resources

Mark Aronson, Matthew Groves and Greg Weeks, Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 6th ed, 2017).

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.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), an interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction: Constitutional history and liability of the Crown Judicial review remedies: constitutional and statutory
2	Promises made and broken by government Damages against government
3	Essay proposal presentations Essay proposal presentations
4	Tortious remedies Government contracts
5	Restitution and equitable remedies Ombudsmen and discretionary compensation schemes
6	Merits review and remedies in tribunals Concluding themes: all aspects of course

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	*	1,2,3,4
Detailed Essay Abstract and Oral Presentation	10 %	*	20/08/2021	2,4,5
Research Essay	80 %	30/09/2021	01/11/2021	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.

Participation

This assessment is intended to give you the opportunity to develop your oral skills in the context of discussing specific administrative law issues.  The classes in this subject will be based on specific reading material, with which it is expected all participants will be familiar before we meet. Discussions of the material relevant to the topic of the week will be open and everyone will have a chance to contribute.  Marks will be awarded for preparation and thoughtfulness in contributing to the discussion, not merely for frequency or vehemence.

If you are likely to be unable to contribute due to circumstances which are unforeseen or otherwise beyond your control, please contact the Convener with appropriate documentation (medical certificate, EAP etc).

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Class Participation

Brief Description: This assessment is intended to give you the opportunity to develop your oral skills in the context of discussing specific administrative law issues.  The classes in this subject will be based on specific reading material, with which it is expected all participants will be familiar before we meet. Discussions of the material relevant to the topic of the week will be open and everyone will have a chance to contribute.  

Nature of Task: Compulsory; the choice not to participate will result in a mark that could be as low as 0/10.

Weighting: 10%

Due date: If you are unable to attend due to illness or exceptional circumstances, please contact the convener with appropriate documentation.

Estimated return date: Your marks will be released via WATTLE following the end of the teaching period and prior to the release of the final marks for the subject. Students are welcome to contact the Convenor to obtain feedback with regard to their mark.

Assessment Criteria: Marks will be awarded for preparation and thoughtfulness in contributing to the discussion, not merely for frequency or vehemence. Oral contributions will be graded according to how well students:

• make accurate reference to the material assigned;
• use concise and engaging oral skills; and
• demonstrate critical thinking.

Assessment Task 2

Detailed Essay Abstract and Oral Presentation

Brief Description: This is an opportunity for you to develop your ideas for the Research Essay. Your Presentation should set out your plan for writing the Research Essay, including the subject matter you will consider and the legal questions you plan to address. You should prepare a draft Bibliography, which includes your preliminary thoughts about which sources you might use. It is not expected that your Presentation will be perfect; that is not the point. It may help you to think about this task as an oral explanation of a short research proposal, designed to elicit feedback to improve the research which follows.

Nature of Task: Compulsory. Non completion of this task will result in a mark of 0/10.

Weighting: 10%

Word limit: You are encouraged to submit a document of up to 2 typed pages on which written feedback can be given for your benefit but this document will not be marked.

Time: Your presentation requires no powerpoint or other supporting material and will take about 10 (and no more than 15) minutes including questions and discussion.

Due date: On or before the class in Week 3 that is allocated to you (ie in one of the classes between 9th and 13th August 2021) . Given the nature of the task, no extensions or late presentations are permitted. If a document is also submitted, please bring a hard copy to the seminar on the day of your presentation on which I may make notes.

Estimated return date: Your Abstract will be returned, along with mark for the oral presentation, in Week 4.

Assessment Criteria: Marks will be awarded for thoughtfulness and engagement with discussion in class.

Assessment Task 3

Research Essay

Brief Description: Students will write a research essay on a topic of their choice within the broad scope of the course. This topic must be approved by the Convenor by no later than the start of Week 3. This assessment is provided to ensure that you engage deeply with an area of the course that intersects with an area of interest to you and that links into the course objectives. It is a research essay that will allow students to inquire into an area of particular interest related to the topics covered by the course.

Nature of Task: Compulsory. Non-submission will result in a 0 result for the task.

Weighting: 80%

Word limit: 6,000 words

Penalties for excess word length: Apply consistently with ANU College of Law policy.

Release: Students can commence work on the essay as soon as they have devised a topic.

Due date: 5pm, Thursday 30th September 2021 via Turnitin. Late submissions (without an extension) are permitted, however late penalties will apply.

Estimated return date: 1 November 2021 via Turnitin.

Assessment Criteria: Research essays will be graded according to how well students:

• make accurate use of relevant legal material;
• structure the essay in a clear manner;
• use concise expression;
• adequately address the relevant issue(s);
• draw appropriately upon independent research;
• demonstrate critical thinking and make a persuasive argument; and
• comply with the current edition of the AGLC.

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.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

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.

Returning Assignments

Marked essays will be available on Wattle at the end of the semester. You will be alerted by email to their availability.

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