LAW260 Administrative Law (8)

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.

Availability

Session 2 (60)
Online
Wagga Wagga Campus

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.

Subject Information

Grading System

HD/FL

Duration

One session

School

School of Accounting and Finance

Enrolment Restrictions

Available to undergraduate students only.

Assumed Knowledge
LAW110 or LAW100

Learning Outcomes

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

This 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.

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW260 in Session 2 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Forum participation
20
2
Non-judicial remedies presentation
20
3
Tribunal procedures quiz
20
4
Take home assessment
40

The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.

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