Courses & Units

Administrative Law and Advanced Statutory Interpretation LAW301

Hobart

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 and Advanced Statutory Interpretation
Unit code LAW301
Credit points 12.5
College/School College of Arts, Law and Education
Faculty of Law
Discipline Law
Coordinator Professor Benjamin Richardson
Available as student 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 21/2/2022 22/3/2022 11/4/2022 29/5/2022

* 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 (see withdrawal dates explained for more information).

Unit census dates currently displaying for 2022 are indicative and subject to change. Finalised census dates for 2022 will be available from the 1st October 2021.

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
090999 $1,828.00 $1,432.00 not applicable $1,828.00
  • Available as a Commonwealth Supported Place
  • HECS-HELP is available on this unit, depending on your eligibility3
  • FEE-HELP is available on this unit, depending on your eligibility4

1 Please refer here more information on student contribution amounts.
2 Information on eligibility and Approved Pathway courses can be found here
3 Please refer here for eligibility for HECS-HELP
4 Please refer here for 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 this page to get an indicative course cost.

Requisites

Prerequisites

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

Mutual Exclusions

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

LAW204

Teaching

Teaching Pattern

Lecture: 1 hour weekly online

Tutorial/Workshop: 2 hours weekly face-to-face (commencing in Week 2 of semester)

AssessmentExam (50%)|Seminar Paper #1 (20%)|Seminar Paper #2 (20%)|Seminar participation & discussion board contribution (10%)
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.