LAW 2504 - Administrative Law

North Terrace Campus - Semester 2 - 2014

The 4 main aims of the course are: 1) to teach the basic principles that govern review of administrative action by courts and tribunals; 2) to provide a critical analysis of that system; 3) to teach students to apply those principles in complex factual situations; 4) to teach students to interpret statutes while problem solving. A particular focus is placed upon judicial review, including its fundamental concepts of jurisdiction, ultra vires, and procedural fairness. The course will also cover review 'on the merits' by administrative tribunals. The practical significance of the course in substantive areas such as immigration and welfare regulation is emphasised. Topics include: State and Commonwealth avenues of review; the distinction between judicial review and review 'on the merits'; error of law and error of fact; justiciability and standing; procedural fairness; ultra vires and abuse of discretion; jurisdictional error, privative clauses and judicial review remedies.

  • General Course Information
    Course Details
    Course Code LAW 2504
    Course Administrative Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Prerequisites LAW 1504
    Incompatible LAW 2002
    Restrictions Available to LLB students only
    Course Description The 4 main aims of the course are: 1) to teach the basic principles that govern review of administrative action by courts and tribunals; 2) to provide a critical analysis of that system; 3) to teach students to apply those principles in complex factual situations; 4) to teach students to interpret statutes while problem solving. A particular focus is placed upon judicial review, including its fundamental concepts of jurisdiction, ultra vires, and procedural fairness. The course will also cover review 'on the merits' by administrative tribunals. The practical significance of the course in substantive areas such as immigration and welfare regulation is emphasised.
    Topics include: State and Commonwealth avenues of review; the distinction between judicial review and review 'on the merits'; error of law and error of fact; justiciability and standing; procedural fairness; ultra vires and abuse of discretion; jurisdictional error, privative clauses and judicial review remedies.
    Course Staff

    Course Coordinator: Dr Judith Bannister

    Dr Judith Bannister (coordinator)
    Location: room 2.05, Ligertwood Building
    Telephone: 8313 34578 (work)
    email: judith.bannister@adelaide.edu.au

    Paul Leadbeter
    Location: room 2.27, Ligertwood Building
    Telephone: 8313 34441 (work)
    email: paul.leadbeter@adelaide.edu.au

    Anna Olijnyk
    Location: room 4.06 Ligertwood Building
    Telphone: 8313 7166
    email anna.olijnyk@adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge.  This course is designed to complete students’ understandings of the following Priestley Topics for Administrative law:

    Common law and statutory avenues of judicial review at Commonwealth and State level
    Grounds of judicial review
    Remedies
    Administrative Appeals Tribunal
    Statutory review.

    Note the following topics will be covered by students in the subjects Principles of Public law and Constitutional law

    Topic 1: Organisation and Structure of the Administration,

    Topic 2: Administrative Law Theory,

    Topic 6: Crown Immunity, and

    Topic 9: Freedom of Information.

     

    Students who complete this course should:

    1) understand the basic principles which govern review of administrative action by courts and tribunals;
    2) have developed the cognitive skills to analyse, evaluate and synthesise information about community attitudes and political interests, to critically analyse Australian administrative law;
    3) have developed an awareness and appreciation of the political & constitutional context of administrative law and the development of administrative law, and judicial review in particular, in response to those contexts;
    4) be able to think critically about administrative law and policy
    5) be able to resolve factual problems in administrative law using the knowledge developed in this course;
    6) be able to intelligently discuss and debate administrative law and its application to basic administrative law problems.
    7) be able to interpret statutes while problem solving
    8) be able to write clearly and concisely about administrative law; and
    9) be able to learn about administrative law both independently and cooperatively in a professional environment.

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 2, 3, 4
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 5, 6, 7, 8
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 5, 6, 7, 8
    Skills of a high order in interpersonal understanding, teamwork and communication. 9
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 9
  • Learning Resources
    Required Resources
    Robin Creyke and John McMillan, Control of Government Action; Text, cases & commentary (LexisNexis Butterworths, 3rd, 2012).

    You will be expected to be familiar with the details of relevant legislation, in particular the Administrative Decisions (Judicial Review) Act 1977 (Cth); Judiciary Act 1903 (Cth) and the Administrative Appeals Tribunal Act 1975 (Cth). You can access these statutes free in CommLaw (via the Law Library web page). Alternatively, LexisNexis Butterworths package the legislation with Creyke and McMillan)

    Lecture and Seminar Readings and Seminar Questions will be available free of charge from the Image and Copy Centre and posted on MyUni.

    Recommended Resources
    The leading text in Administrative Law is Mark Aronson and Matthew Groves, Judicial Review of Administrative Action, (Thomson Reuters, 5th ed, 2012). This is an excellent work and, although it does not cover the entire course, it usefully supplements the prescribed materials with a more detailed theoretical treatment of the complexities of judicial review.  Students are well advised to consult this text throughout the year.

    We encourage you to explore for yourself the large and growing administrative law literature. Two Australian journals particularly devoted to administrative law are the Public Law Review and the Australian Journal of Administrative Law, though generalist journals such as the Federal Law Review frequently contain relevant articles. The United Kingdom journal Public Law is also valuable. There are also many relevant collections of essays and government reports, which are in the library. Particular mention should be made of the publications of the Australian Institute of Administrative Law (AIAL). This organization publishes the AIAL Forum 3-4 times annually, containing a range of articles on administrative law issues. The AIAL also holds an annual national administrative law conference, the proceedings of which it also publishes. These volumes, which contain another valuable reference source, are held on reserve in the Law Library. They can also be obtained from the AIAL website at: http://law.anu.edu.au/aial/

    Online Learning
    MyUni will be used to post announcements, post additional lecture materials (including slides) and announce assignment tasks. It will also contain electronic copies of the Course Information, Lecture and Seminar Guides, and Course Materials and a Question and Answer forum.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

    Course Website:  https://myuni.adelaide.edu.au/webapps/login/
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Lectures supported by problem-solving seminars developing material covered in lectures. Technology permitting, lectures will be recorded and posted on MyUni. Recording of seminars is not permitted because students should be free to participate without concerns about being recorded.

    Seminars are a critical component of your learning in this course.  The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies. Most importantly, if you choose not to attend seminars, you will miss out on a good deal of the course material.

    This course will also have a virtual lecture option. If you enrol in the virtual lecture, you will be able to access all lectures week by week via MyUni. Further announcements will be made about when you can access virtual lecture recordings.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: attend 2 hours lectures plus 1 hour seminar each week.  This amounts to 36 hours of formal class time across the semester.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.  The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies. 
    Learning Activities Summary

    Week

    Lectures

    Seminars

    [1]

     

    Introduction to Administrative Law;

    • Administrative decision-making powers and discretions
    • Providing reasons

    Statutory Interpretation

    Seminar No 1

    Administrative decision making - make a decision and give your reasons

    [2]      

     

    Merits Review

    • Commonwealth and
    • South Australia

    Seminar No 2

    Commonwealth Merits review

    [3]

    Errors of law and fact distinguished

    Seminar No 3

    South Australian Merits review

     

    [4]

      

    Introduction to Judicial review

    • Jurisdictional error
    • Common Law and AD(JR) Act
    • Justiciability
    • Standing

    Seminar No 4

    Identifying errors of law and fact

    [5]

     

    Grounds of judicial review

    • Procedural fairness
    • Hearing rule and bias

    Seminar No 5

    How to approach a judicial review problem

    Introduction to judicial review

    [6]

    Grounds of judicial review

    • Acting beyond the scope of a power

    Seminar No 6

    Grounds of review –

    Procedural fairness

    [7]

     

    Grounds of judicial review

    • Improper exercise of power

    Seminar No 7

    Various grounds of review

    [8 ]

     

    Consequences of unlawful action

    Remedies

    Seminar No 8

    Various grounds of review

     

    MID-SEMESTER BREAK

    Take-home exam due Monday September 30th 2pm.

    [9]    

    Privative clauses

     

    Seminar No 9

    Privative clauses

    Remedies

    [10]

    Revision

    Seminar No 10

    Grounds of review – revision problem

    [11]

    Assignment feedback

    Seminar No 11

    Revision - exam preparation

    [12]

    Exam preparation

    Seminar No 12

    Revision - exam preparation

    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment % of final mark Dates Length Redeemable Learning Objectives

    Online Quiz

    Statutory Interpretation

    (compulsory)

    5%

    Due: 2 pm Monday August 11th 2014

    10 Questions

    No

    7

    Online Quiz

    Legislation Research

    (compulsory)

    5%

    Due: 2 pm Friday 19th September

    2014

    10 Questions

    No 7

    Take home exam

    (optional)

    25%

    Due: 2pm Monday, 29th September 2014

    1500 words Yes 1, 4-8

     

    Exam

    (compulsory)

    65% or 90%

     

    Exam Period semester 2

    2 hours + 10 minutes reading time

    No 1, 4-8
    Assessment Detail

     

    1. COMPULSORY Statutory Interpretation Online Quiz 5%

    Online Quiz 10 questions on statutory interpretation.

    The mark is NOT redeemable. The penalty for not completing will be loss of these marks – students can still complete the course.

     

    1. COMPULSORY Legislation Research Online Quiz 5%

    Online Quiz 10 questions. Students are required to locate, read, analyse and answer online questions on the statute that will be used in the optional take home exam. This will prepare students for the take home exam. It is COMPULSORY and must be completed by all students, regardless of whether they then go on to do the optional take home exam or not.

    The mark is NOT redeemable. The penalty for not completing will be loss of these marks – students can still complete the course.

     

    1. Optional Take home exam 25%

    This will involve a single problem-style question, raising issues covered in lectures and seminars weeks 1 – 8. Answers must not exceed 1500 words in length (footnotes and headings are not included in the word count).

    Take home exam question available on Myuni on course website 10 days before due date

    The take-home exam mark IS redeemable. That means that if you submit the take-home exam, but do better on the final exam, only your final exam mark will count towards 90% of your overall result. Otherwise, the take-home counts for 25% of your overall mark, and the final exam 65%.

     

    1. COMPULSORY Final Exam 65% or 90%

    There will be a 2 hour exam (with an additional 10 minutes reading time). The examination will consist of two compulsory questions. Students must answer both.

    Grade descriptors
    Marks and grades will be generally be awarded as follows:

    Clear fail: 0–45 Inadequate understanding of the relevant legal principles, and a failure to identify most of the important issues raised by the question. May or may not also be characterised by an inability to construct legal arguments, and/or by inadequate structure, expression or citation practices.

    Narrow fail: 45–49 Adequate understanding of the relevant legal principles, but let down by a failure to identify most of the important issues raised by the question. May or may not also be characterised by an inability to construct legal arguments, and/or by inadequate structure, expression or citation practices.

    Pass: 50–64 Adequate understanding of the relevant legal principles, most (but not all) of the important issues raised by the question identified, and at least a basic capacity to construct legal arguments. At least adequate structure, expression and citation practices.

    Credit: 65–74 Adequate to good understanding of the relevant legal principles, all or nearly all of the important issues raised by the question identified, and at least a reasonable capacity to construct legal arguments. Adequate to good structure, expression and citation practices.

    Distinction: 75–84 Good to very good understanding of the relevant legal principles, all or nearly all of the important issues raised by the question identified, and well constructed legal arguments. Good to very good structure, expression and citation practices.

    High Distinction: 85 + Very good understanding of the relevant legal principles, all of the important issues raised by the question identified, and well constructed legal arguments. Very good structure, expression and citation practices.

    Submission
    Statutory Interpretation Online Quiz:

    The quiz is completed on-line in MyUni. The Due Date is as listed above (assessment summary) However, the quiz will not be shut down at that time. The quiz will go off line 4 weeks after the due date, and that is the absolute FINAL time for Submission. No late penalties will be imposed between those two dates. This effectively grants every student an automatic extension of four weeks. You are expected to take responsibility for submission yourself, aim for the due date and work with the automatic extension if illness or other compassionate events arise. No extension applications will be accepted or considered beyond that date.

    If you qualify for SUPPLEMENTARY ASSESSMENT on compelling medical or compassionate grounds a new quiz will be set during the supplementary exam period. Details on how to apply for supplementary assessment on medical or compassionate grounds can be found on the Law School website.

    Legislation Research Online Quiz:
    The quiz is completed on-line in MyUni. The Due Date is as listed above (assessment summary).

    This quiz involves research for the take home exam and the statute is the one used in the take home exam. For this reason, no extensions can be granted beyond the due date when the take home exam is released.

    If you have compelling medical or compassionate grounds you can apply for SUPPLEMENTARY ASSESSMENT. Details on how to apply for supplementary assessment on compelling medical or compassionate grounds can be found on the Law School website. If you are successful with such an application, you will be given the chance to undertake a new quiz on different legislation during the supplementary exam period.

    Take home exam:
    The Take Home Exam must be submitted in electronic form (on time) or hard copy form (late).

    Students must also submit their Take Home Exam electronically through the Turnitin system on MyUni.

    Students must retain a copy of the Take Home Exam submitted.

    Markers will refuse to accept Take Home Exams that do not have a signed acknowledgement of the University’s policy on plagiarism.

    All references must be appropriately cited in footnotes, in order to acknowledge sources, and avoid plagiarism.

    Students should ensure that when citing material they comply with the Australian Guide to Legal Citation. A 5% penalty will be applied for failure to comply with the AGLC.

    A penalty of 5% will apply for every 150 words (or part thereof) by which assignments exceed the maximum word length. Words in excess of the word limit will not be read.

    Students must indicate the word count of each essay on the front cover of their assignment sheet. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is seriously misstated, this may be regarded as academic dishonesty.

    Because this is an exam, no extensions can be granted, except where university policies require otherwise. If you have compelling medical or compassionate grounds you can apply for SUPPLEMENTARY ASSESSMENT. Details on how to apply for SUPPLEMENTARY ASSESSMENT on compelling medical or compassionate grounds can be found on the Law School website. If you are successful with such an application, you will be given the chance to undertake a new take-home exam during the supplementary exam period.

    Take Home Exams will be returned to students within 3 weeks of the due date with written feedback.

    Students will be notified by email when Take Home Exams are ready for collection from the Law School Front Office.

    Where an answer is not properly submitted by the due date in both electronic and hard copy form, late penalties will be enforced at 5% of the marks available per day or part thereof in accordance with the Law School Policy

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2013, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.