Course overview
The 4 main aims of the course are: 1) to teach the basic principles that govern review of administrative action by courts and tribunals; 2) to provide a critical analysis of that system; 3) to teach students to apply those principles in complex factual situations; 4) to teach students to interpret statutes while problem solving. A particular focus is placed upon judicial review, including its fundamental concepts of jurisdiction, ultra vires, and procedural fairness. The course will also cover review 'on the merits' by administrative tribunals. The course will emphasise the practical significance of the administrative law in substantive areas such as freedom of information and migration law. Topics include: State and Commonwealth avenues of review; the distinction between judicial review and review 'on the merits'; error of law and error of fact; justiciability and standing; procedural fairness; grounds of review; jurisdictional error, privative clauses and judicial review remedies.
Course learning outcomes
- Analyse the advanced principles of administrative law, and evaluate complex legal information, with a particular emphasis upon legislation
- Apply administrative law principles to complex legal problems and critique the operation of administrative law from a theoretical perspective, through individual work
- Structure and sustain concise and cohesive written arguments for a legal audience in the field of administrative law
- Conduct legal research and analyse government decision-making
- Analyse the impact and operation of administrative law from policy perspectives and identify and explain government accountability for the exercise of public power
- Reflect on their ability to effectively undertake work as an administrative decision maker, or to challenge administrative decisions