Credit Points 10

Coordinator Michael Head Opens in new window

Description This subject examines the legal principles regulating the exercise of power by the executive arm of government in its various manifestations; ministers, government departments and officials, regulatory bodies, tribunals, inferior courts and local councils. This is examined in the context of Australian constitutional arrangements and it is taught in the context of constitutional themes and principles that underpin the law in this area. The exercise of power examined includes decision making, the exercise of discretion, delegated legislation and the decision making procedure of the major administrative tribunals. The focus is on the principles of judicial review developed by the courts, standing and remedies. There is also an examination of major non-judicial avenues of review by the major tribunals such as the Commonwealth Administrative Appeals Tribunal, and the Ombudsman. The subject will also examine Freedom of Information legislation. This subject examines a number of key cases relating to Indigenous land and political rights, including the dismissal of indigenous representatives.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your fees via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 2008 Government and Public Law OR
200814 Commercial Transactions Law

Equivalent Subjects 200013 Administrative Law

Learning Outcomes

After successful completion of this subject, students will be able to: 

1. Identify and evaluate the key concepts and principles of administrative law
2. Interpret and apply relevant law and policy to analyse legal problems and provide advice to resolve them
3. Evaluate the role of administrative law in maintaining a just and civilized society
4. Locate and evaluate relevant case law and legislation using a range of legal research tools
5. Demonstrate effective and appropriate communication skills in a professional context, including accurate citation according to AGLC style

Subject Content

1. Introduction and Overview of Administrative Law in its constitutional context. 
2. Access to Government (Freedom of Information and Reasons for Decisions). 
3. Non-judicial Review of Administrative Action 
4. Judicial Review, including the grounds of judicial review, primarily ultra vires, natural justice, jurisdictional error. 
5. Judicial review of delegated legislation. 
6. Standing. 
7. Judicial Remedies. 
8. Investigating Administrative Activity (Corruption and Ombudsman).
9. Key cases relating to Indigenous land and political rights.