LAW260 Administrative Law (8)
CSU Discipline Area: Management (MANAG)
Duration: One session
Abstract:
This subject examines the relationship between legal persons (including corporations) and government agencies and instrumentalities. It examines the legal controls on administrative action, remedies available to aggrieved persons, grounds for judicial review of administrative decisions (including the concepts of ultra vires and procedural fairness), the role of Appeals Tribunals, Ombudsmen and Freedom of Information and Privacy legislation.
+ Subject Availability Modes and Locations
| Session 2 | |
|---|---|
| Distance | Wagga Wagga |
Continuing students should consult the SAL for current offering details: LAW260
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Assumed Knowledge:
Objectives:
Upon successful completion of this subject, students should:
- be able to identify the kinds of errors that administrative bodies make;
- be able to compare the differences between courts and tribunals, the functions they perform in administrative law review and the differences between the concepts "review" and "appeal";
- be able to identify and apply available remedies and methods and grounds of review to fact situations, using case law and legislation;
- be able to explain and apply the reforms of the "new" administrative law and assess their effectiveness; and
- be able to apply an understanding of the rights individuals have in relation to Government bodies.
Syllabus:
The subject will cover the following topics:
- definition, scope, content and development of administrative law;
- ultra vires (lack of power and defective use of power);
- jurisdictional error;
- errors of law on the face of the record;
- procedural fairness (natural justice), general principles, when natural justice is available, restrictions, nature of the duty to hear, bias in decision making;
- prerogative writs;
- equitable remedies;
- parliamentary control of administrative action;
- Ombudsmen;
- background and overview of the "new" administrative law;
- the administrative appeals tribunal;
- the Administrative Decisions (Judicial Review) Act, 1977 (Cth);
- the Freedom of Information Acts of the Commonwealth and the States;
- privacy legislation.
The information contained in the 2013 CSU Handbook was accurate at the date of publication: 24 April 2013. The University reserves the right to vary the information at any time without notice.