Administrative Law and Applied Statutory Interpretation unit (LAW301)

Introduction

Administrative Law and Applied Statutory Interpretation deals with the relationship between the citizen and the state. The subject has both a theoretical and a practical perspective. The subject tackles the questions: what is, and what ought to be, administrative law’s role today in Australia? It introduces students to the background and development of the structure of government administration, the privatisation of administrative services in Australia, sources of and controls over administrative discretions, the systems that have developed for the review of actions of administrative agencies and the availability of administrative law remedies. Merits review and other ‘alternative’ mechanisms for challenging administrative action are closely examined.

The first part of the unit examines non-judicial review mechanisms and provides an insight into the complex and dynamic relationship between law and government administration. The unit then examines judicial review of administrative action at common law and under statute, including different grounds of review, distinctions between legality and merits review, and between errors of law and fact, as well as concepts of statutory and administrative discretion and justiciability. Through this process, students will learn and practise their statutory interpretation skills and develop experience in recognising and solving administrative law problems. The course is designed to critically evaluate judicial decisions and administrative law systems that have developed in Australia in relation to concepts of accountability and public duty. It also examines the objectives of administrative law as a branch of public law, and its ability to provide access to justice.

Summary

Unit name	Administrative Law and Applied Statutory Interpretation
Unit code	LAW301
Credit points	12.5
College/School	Arts and Society Faculty of Law
Discipline	Law
Coordinator	Doctor Cleo Hansen-Lohrey
Available as an elective?	No
Delivered By	University of Tasmania
Level	Advanced

Availability

Specific information on 2027 unit availability will be available in August

Learning Outcomes

• Analyse and critically appraise the way administrative law values and principles underpin the various mechanisms for challenging administrative decisions
• Recognise, solve and critically reflect on administrative law problems and issues, and their role in regulating interactions between government policy, administration and the law
• Write clearly and persuasively to clients and other stakeholders about the application of administrative law principles
• Apply statutory interpretation principles to administrative law problems, including to define the scope of statutory powers

Fee Information

2027 fee information will be available in August.

Requisites

Prerequisites

50 credit points of Intermediate Law core, including successful completion of LAW253

Mutual Exclusions

You cannot enrol in this unit as well as the following:

LAW204

Teaching

Teaching Pattern	Lecture: 2-hour weekly face-to-face, plus 1-hour exam workshop in swot vac Seminar weeks 1-7:1-hour weekly face-to-face seminars There will be no lectures or seminars in week 8, which is a study week. Seminar weeks 9-12: 1.5-hour weekly face-to-face seminars
Assessment	Assessment Task 1: Seminar engagement (20%)|Assessment Task 2: Major assessment (40%)|Assessment Task 3: Exam (40%)
Timetable	View the lecture timetable | View the full unit timetable

Textbooks

Required	Judith Bannister, Anna Olijnyk and Stephen McDonald, Government Accountability: Australian Administrative Law (Cambridge University Press, 3rd edition, 2023) Judith Bannister and Anna Olijnyk, Government Accountability: Australian Administrative Law – Sources and Materials (Cambridge University Press, 2nd ed, 2023)
Recommended	Further readings will be posted in the weekly content pages, and in the Unit Reading List.

The University reserves the right to amend or remove courses and unit availabilities, as appropriate.