LAW503 Administrative Law (8)
CSU Discipline Area: Management (MANAG)
Duration: One session
Abstract:
This subject provides a critical examination of the rights of individuals, corporations, businesses and the public as a whole in relation to government agencies and officials. It considers the impact of politics and the way rights and entitlements are protected against administrative action, the grounds of redress at several different levels, available remedies and the use of case law and legislative reforms within a democratic framework.
+ Subject Availability Modes and Locations
| Session 2 | |
|---|---|
| Distance | Wagga Wagga |
Continuing students should consult the SAL for current offering details: LAW503
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Enrolment restrictions:
Postgraduate students only
Objectives:
Upon successful completion of this subject, students should:
- be able to apply theoretical principles of administrative law in professional practice;
- be able to research, analyse and evaluate administrative law provisions and case law and identify and propose areas of reform in relation to case studies;
- be able to recognise the kinds of errors that administrative bodies make and distinguish, compare and evaluate the different forums where an administrative error can be challenged, taking into account the different outcomes relative to that forum;
- be able to identify, evaluate and apply available remedies, methods and grounds of review to case studies;
- be able to critically analyse recent developments in the rights of individuals in relation to government bodies;
- be able to interpret when and how reasons for decisions must be provided.
Syllabus:
The subject will cover the following topics:
- definition of administrative law; 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 or 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.