LAW 2504 - Administrative Law
North Terrace Campus - Semester 2 - 2016
General Course Information
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 Available for Study Abroad and Exchange Y 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 Coordinator: Dr Judith Bannister
The full timetable of all activities for this course can be accessed from Course Planner.
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 levelGrounds of judicial reviewRemediesAdministrative Appeals TribunalStatutory 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) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1,3,4 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
2, 5, 6, 7, 8 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
6,8,9 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1-9 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- Able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
- Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
Required ResourcesJudith Bannister, Gabrielle Appleby and Anna Olijnyk, Government Accountability; Australian Administrative Law (Cambridge University Press, 2015).
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).
Lecture and Seminar Readings and Seminar Questions will be available free of charge from the Image and Copy Centre and posted on MyUni.
Recommended ResourcesThe 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: aial.org.au
Online LearningMyUni 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 ModesLectures supported by problem-solving seminars developing material covered in lectures. Technology permitting, all lectures except week 12 (which is a student directed Q&A session) 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.
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
Introduction to Administrative Law;
- Administrative decision-making powers and discretions
- Providing reasons
Seminar No 1
Administrative decision making - make a decision and give your reasons
- Commonwealth and
- South Australia
Seminar No 2
Commonwealth Merits review
Errors of law and fact distinguished
Seminar No 3
South Australian Merits review
Introduction to Judicial review
- Jurisdictional error
- Common Law and AD(JR) Act
Seminar No 4
Identifying errors of law and fact
Grounds of judicial review
- Procedural fairness
- Hearing rule and bias
Seminar No 5
How to approach a judicial review problem
Introduction to judicial review
Grounds of judicial review
- Acting beyond the scope of a power
Seminar No 6
Grounds of review –
Grounds of judicial review
- Improper exercise of power
Seminar No 7
Various grounds of review
Consequences of unlawful action
Seminar No 8
Various grounds of review
Seminar No 9
Seminar No 10
Assignment feedback / exam revision
Seminar No 11
Revision - exam preparation
Student directed Q&A (note this will not be recorded)
Seminar No 12
Revision - exam preparation
Specific Course RequirementsThere are no additional requirements for completion of this course other than described elsewhere in this document.
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment % of final mark Dates Length Redeemable
Problem Question OR
Due: 2pm Monday, 5th September 2016
2000 words Yes
65% or 100%
Exam Period semester 2
2 hours + 10 minutes reading time
This will involve a choice between either:
a) a single problem-style question, raising issues covered in lectures and seminars weeks 1 – 6. Answers must not exceed 2000 words in length (footnotes and headings are not included in the word count)
b) a research essay. Answers must not exceed 2000 words in length (footnotes and headings are not included in the word count)
Assignment problem or questions will be available on Myuni on course website in week 3
The assignment mark IS redeemable. That means that if you submit the assignment, but do better on the final exam, only your final exam mark will count towards 100% of your overall result. Otherwise, the assignment for 35% of your overall mark, and the final exam 65%.
2. COMPULSORY Final Exam 65% or 100%
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.
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.
The assignment must be submitted in electronic form through Turnitin on MyUni.
Students must retain a copy of the assignment submitted.
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.
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.
Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.
Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated excluding cover page information. Quotations are included in the word count.
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.
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.
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.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
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/
Lex Salus Program
Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
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, 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.
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.