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.
|Unit name||Administrative Law and Advanced Statutory Interpretation|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Ms Phillipa McCormack|
|Available as student elective?||No|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|Study Period||Start date||Census date||WW date||End date|
* 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 2021 are indicative and subject to change. Finalised census dates for 2021 will be available from the 1st October 2020. Note census date cutoff is 11.59pm AEST (AEDT during October to March).
- 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|
- 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
Please note: international students should refer to this page to get an indicative course cost.
Prerequisites50 credit points of Intermediate Law core - to do this unit it is recommended that you have completed LAW253 & LAW250
You cannot enrol in this unit as well as the following:LAW204
|Assessment||Examination - take home (50%)|Case or problem activated learning (20%)|Case or problem activated learning (20%)|Tutorial Participation/Other Participation (10%)|
|Timetable||View the lecture timetable | View the full unit timetable|
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).
|Links||Booktopia textbook finder|
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