Overview

This unit enables students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and competence in Australian administrative law. Students learn the legal relationship between the citizen and the state. Administrative law regulates the powers of the state and prescribes the procedures the state must follow when exercising those powers and the remedies available to citizens when it does not do so. Knowledge of administrative law is essential to understanding the law governing the operation of the executive branch government in Australia and the rights and remedies of citizens when dealing with it.

Requisites

Prerequisites
LAW20010 Administrative Law

Rule

75 credit points in Law units

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 2
Location
Hawthorn
Start and end dates
29-July-2024
27-October-2024
Last self-enrolment date
11-August-2024
Census date
31-August-2024
Last withdraw without fail date
13-September-2024
Results released date
03-December-2024
Teaching Period 3
Location
Online
Start and end dates
04-November-2024
09-February-2025
Last self-enrolment date
17-November-2024
Census date
29-November-2024
Last withdraw without fail date
27-December-2024
Results released date
04-March-2025
Teaching Period 2
Location
Online
Start and end dates
07-July-2025
05-October-2025
Last self-enrolment date
20-July-2025
Census date
01-August-2025
Last withdraw without fail date
22-August-2025
Results released date
Semester 2
Location
Hawthorn
Start and end dates
04-August-2025
02-November-2025
Last self-enrolment date
17-August-2025
Census date
31-August-2025
Last withdraw without fail date
19-September-2025
Results released date
09-December-2025

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate Australian administrative law and related policy debates and reform proposals
  • Locate and interpret legislation applicable to administrative law and use Hansard and other extrinsic aids to assist with its interpretation
  • Describe the relationship between case law and legislation, and the importance of the history of a statutory provision to its interpretation
  • Apply administrative law to factual situations and effectively advise and communicate with clients and others about their rights and obligations
  • Conduct administrative law related research and use the results of that research to develop a legal argument

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
Case StudiesIndividual 30 - 50% 1,2,3,4,5 
ExaminationIndividual 50 - 70% 1,2,3,4 

Content

  • Overview and administrative structure
  • Historical and constitutional contexts
  • Administrative law theory
  • Jurisdiction and operation of the AAT
  • Crown immunity
  • Judicial review at common law and under statute
  • Grounds for judicial review
  • Access to judicial review
  • Restricting access to judicial review
  • Tribunals and merits review
  • Remedies and processes
  • Access to information

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.