Courses & Units

Administrative Law LAW301

Introduction

Administrative Law 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 advanced 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
Unit code LAW301
Credit points 12.5
College/School College of Arts, Law and Education
Faculty of Law
Discipline Law
Coordinator Doctor Tamara Wood
Available as an elective? No
Delivered By University of Tasmania

Availability

Location Study period Attendance options Available to
Hobart Semester 1 On-Campus International Domestic

Key

On-campus
Off-Campus
International students
Domestic students
Note

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Key Dates

Study Period Start date Census date WW date End date
Semester 1 20/2/2023 21/3/2023 10/4/2023 28/5/2023

* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (refer to How do I withdraw from a unit? for more information).

Unit census dates currently displaying for 2023 are indicative and subject to change. Finalised census dates for 2023 will be available from the 1st October 2022. Note census date cutoff is 11.59pm AEST (AEDT during October to March).

About Census Dates

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 to factual scenarios
  • Develop and apply advanced statutory interpretation principles to administrative law problems, including to define the scope of statutory powers
Field of Education Commencing Student Contribution 1 Grandfathered Student Contribution 1 Approved Pathway Course Student Contribution 2 Domestic Full Fee
$1,892.00 $1,482.00 not applicable $1,919.00

1 Please refer to more information on student contribution amounts.
2 Please refer to more information on eligibility and Approved Pathway courses.
3 Please refer to more information on eligibility for HECS-HELP.
4 Please refer to more information on eligibility for FEE-HELP.

If you have any questions in relation to the fees, please contact UConnect or more information is available on StudyAssist.

Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.

Requisites

Prerequisites

50 credit points of Intermediate Law core - to do this unit it is recommended that you must have successfully completed LAW253 & LAW250

Mutual Exclusions

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

LAW204

Teaching

Teaching Pattern

Lecture: 2 hour weekly face-to-face

Seminar: 2 hours fortnightly face-to-face (commencing in Week 2 of semester)

AssessmentAssessment Task 3: Exam (50%)|Assessment Task 1: Seminar Paper #1 (25%)|Assessment Task 2: Seminar Paper #2 (25%)
TimetableView 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, 2nd edition, 2018); AND Judith Bannister and Anna Olijnyk, Government Accountability: Australian Administrative Law – Sources and Materials (Cambridge University Press, 2018).

LinksBooktopia textbook finder

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