In the Australian constitutional order public power is exercised predominantly through the administrative apparatus of the executive branch of government. By building an enormous institutional network for rule-making, decision-making and implementation of policy, the Australian state has sought to meet the demands of its people for security, prosperity and welfare. Despite its centrality, however, the executive branch is elusive. Its forms and modalities are diverse, fluid and, sometimes, opaque.

Administrative law – that is, the body of law that constitutes and regulates administrative power – can contribute to the ‘rule of law’ ideal by requiring that the forms and modes of administrative power that underpin the ‘administrative state’ be legally authorised and subject to appropriate legal forms of accountability. Given the changing institutional forms and modes through which the administrative state operates it is unsurprising that the development of administrative law in Australia continues to generate fascinating practical, doctrinal, institutional, and theoretical challenges.

In thinking about these challenges, it is important to comprehend both (1) the values underpinning administrative law (including the rule of law ideal) and (2) the practical necessity of an administrative apparatus and state capacity for the implementation of policies developed through electoral processes.

This course will illuminate and interrogate Australian Administrative law’s continuing attempts to realise its ambitions and, thereby, generate a deeper understanding of the law and the contemporary challenges it faces.

The syllabus of the course may be organised by reference to a particular theme or through a selection of topics of practical and scholarly significance. Where appropriate reference may be made to other disciplines (eg, history, legal and political theory, and empirical social sciences).

To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars which give students the opportunity to develop their oral communication skills. The course is also designed to advance and develop research and writing skills.  

This course meets the requirements for the LLB(Hons) Research Capstone. 

Learning Outcomes

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

1. Research and apply relevant theoretical concepts to administrative law through the analysis of current issues.
2. Distinguish and appraise the relationship between theoretical issues and practical examples in administrative law.
3. Critically examine, in written and oral form, the administrative law norms and institutions covered during the course.
4. Investigate and interpret the administrative policy issues arising from the topics covered. 
5. Analyse and propose solutions to legal problems involving administrative law.

Research-Led Teaching

We begin by examining a range of different expressions of the executive branch in and different ways of thinking about how it can be subject to legal accountability. We then rely on these theoretical foundations to examine some of the contemporary puzzles and problems. The approach is designed to enable students to understand and contribute to cutting edge legal research in administrative law.

Required Resources

Readings will be posted on CANVAS or accessible through the ANU Library

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law, Governance and Policy Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introducing ‘the executive’ and ‘the bureaucracy”	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, seminar recordings are only an additional resource and they should not be taken as a substitute for regular attendance. Seminars will be interactive and recordings may, for this reason be difficult to follow. If a recording does fail no alternative recording will be provided. It is not recommended that students take this course if they are unable to regularly attend class.
2	The rule of law, the executive and public administration
3	The executive as provider of social welfare and public infrastructure
4	The executive as manager (the contracting state and the regulatory state)
5	The executive as algorithm
6	Writing administrative law scholarship	In class test
7	AI and automation: Australian case-studies
8	Adventures in judicial review I: the problem of administrative guidance
9	Adventures in judicial review II: non-justiciability and the limits of judicial power
10	The Administrative Review Tribunal and the legitimacy of administrative decisions
11	Why is Freedom of Information Legislation such a problem?
12	Understanding the ‘integrity’ branch? (3 minute thesis presentations)	Three minute thesis presentations (as part of class participation grade)

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class participation	10 %	*	09/11/2026	1, 2, 3, 4, 5
Mid-semester in-class test	20 %	*	21/09/2026	1, 2, 3, 4, 5
Major research paper	70 %	30/10/2026	*	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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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 ‘Canvas’ 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law, Governance and Policy 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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class participation

Details of Task: Seminar preparation and participation throughout semester is designed to promote deep thinking about the course materials and to prepare students for the other assessments tasks.

Participation will be assessed based on contributions throughout the entire semester (ie in every class). As part of their participation in the course students will be required (in addition to attendance and participation throughout the course) to be on-deck for a particular week. Subject to the number of enrolments in the course, students will also be required to present a three minute thesis style presentation of their research paper in the final class.

(i) On-deck sign-up will be available on CANVAS and will open on 22 July 2026. Students who are ‘on-deck’ should prepare so they are in a position to respond to questions and to actively participate in class discussion and (depending on enrolment numbers) may be asked to come prepared to discuss a particular issue/question or to introduce a one of the assigned readings. Contributions from those students who are on-deck is not intended to exclude the participation of others -- as noted participation grades will be based on contributions throughout the semester.

(ii) In the final class, students will have the opportunity to present the argument of their research paper to the class. (The task is modelled on the 'three minute thesis' competition open to PhD researchers.)

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Estimated Return Date: Thu 9 November 2026.

Assessment Criteria: Class participation marks will be awarded according to how well students: 

• demonstrate thoughtful engagement with the readings;
• are clear in their expression and make persuasive arguments;
• contribute to fostering discussion;
• encourage and respect others’ contributions;
• make contributions of quality (based on reading and reflection prior to class), rather than quantity.

Students must attend at least 9 of the 12 seminars to receive a participation grade.

Assessment Task 2

Mid-semester in-class test

Details of Task: The mid-semester test is designed to develop your capacity to engage carefully and critically with the materials covered in the first half of the course. Students will need to answer 1 or 2 questions that require them to make an argument by reference to the materials covered in the course. This will assist you in fulfilling the learning outcomes, with an emphasis on expected learning outcomes 1, 2, 4 and 5. The assessment task will also prepare students for the reflective/argumentative questions component of the final assessment (see below for further information). Students may bring one double-sided A4 page to the test.

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Time, Date and Duration: The test will be conducted in class in the week commencing 31 August 2026. The test will last for one hour.

Extenuating circumstances: If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply to reschedule the assessment here. When submitting your request, please select the Assessment Extension button rather than the Extenuating Circumstances Application option, as this assessment is not an invigilated examination. The Law School will give you one final opportunity to complete the assessment at 2pm on Friday 18 September 2026. If you have already accessed the assessment, you will not be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted. Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here.

Estimated Return Date: Monday 21 September 2026.

Assessment Criteria: The main criterion is the ability to make a persuasive argument that responds to the questions in the test.. Regard will also be given to the following criteria:

• Make appropriate and accurate use of the reading materials covered in the class plan;
• Clear and concise expression, and appropriate structure; 
• Coverage of relevant issues that arise; and 
• Demonstrated understanding of, and critical thinking applied to, the material covered in weeks 1–6 of the course.

Assessment Task 3

Major research paper

Details of Task: A research paper on an assigned question or an approved research proposal. Research proposals (using a template provided on Canvas) must be approved no later than 2 October 2026.

A research paper of 3,000 words (with a 10% margin). Students must not use artificial intelligence content generators for this task. It is expected that students develop their own argument and structure, and write every word of their papers (unless, of course, quoting referenced research materials). At the discretion of the convenor, this task may be subject to an in-person viva to verify authenticity if required.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Word Limit: 3,000 words (with a 10% margin). The ANU Law School Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Friday 30 October 2026. Late submissions (without an extension) are permitted, but late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated Return Date: 9 December 2026.

Assessment Criteria: The overarching criterion is the persuasiveness and thoughtfulness of the argument. Regard will also be had to:

• Clarity of identification of research question and explanation of overall argument
• Use, where appropriate, of relevant materials covered in the course reading and discussion
• Clear and concise expression, and a clear and helpful argumentative structure
• Depth of thinking -- evidenced by an argument which is sophisticated, nuanced, inventive, illuminating and persuasive
• Extent and quality of research materials, including the accuracy of citations and AGLC compliance

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 tests or 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.

Resubmission of Assignments

• Maximum Submissions: Students can submit up to three times per assessment.

• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.

• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).

• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.

• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students