General Information
Administrative Law is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. This subject examines the nature and scope of administrative and judicial review of government decisions and actions. The topics include access to government information (freedom of information and access to reasons), ombudsman, merits review tribunals and judicial review under the general law and statute (major emphasis).
-
Details
Academic unit: Faculty of Law Subject code: LAWS11-317 Subject title: Administrative Law Subject level: Undergraduate Semester/Year: January 2018 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Lecture: x12 (Total hours: 24) - Weekly Lecture
- Tutorial: x12 (Total hours: 12) - Weekly Tutorial
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: Attendance at lectures and tutorials is compulsory. Each week's class builds on the work of the previous week and so it is difficult to keep up with the workload if you miss a class. Though lectures may be streamed, this is not guaranteed so streaming should only be used as a backup and when absence is unavoidable. Attendance at tutorials is monitored and missing tutorials will have an impact on your mark. -
Resources
Prescribed resources: Books
- Creyke R and McMillan J (2015). Control of Government Action: Text, Cases & Commentary. n/a, Lexis Nexis
Journals
- Legislation Administrative Decisions Judicial Review Act 1977 (Cth).
- Legislation Administrative Appeals Tribunal Act 1975 (Cth).
- Legislation Freedom of Information Act 1982 (Cth).
- Legislation Ombudsman Act 1976 (Cth).
Others
- Head, M (2017). Administrative Law: Context & Critique. The Federation Press
- Cane & McDonald (2013). Principles of Administrative Law: Legal Regulation of Governance. Oxford
- Cane & McDonald (2013). Cases & Materials for Principles of Administrative Law: Legal Regulation of Governance. Oxford
- Kelly (2015). Administrative Law. Thomson
- Aronson, Groves & Weeks (2017). Judicial Review of Administrative Action abd Government Liability. Thomson
- Groves (2014). Modern Administrative Law in Australia. Cambridge
- Douglas & Head (2014). Administrative Law. Federation Press
- Withnall, Howe & Evans (2015). Administrative Law Study Guide. LexisNexis
- Bannister, Appleby & Olijnyk (2015). Governmental Accountability: Australian Administrative Law. Cambridge
- Douglas & Hyland (2014). Focus: Administrative Law. LexisNexis
iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Academic unit: | Faculty of Law |
---|---|
Subject code: | LAWS11-317 |
Subject title: | Administrative Law |
Subject level: | Undergraduate |
Semester/Year: | January 2018 |
Credit points: | 10.000 |
Timetable: | https://bond.edu.au/timetable |
---|---|
Delivery mode: | Standard |
Workload items: |
|
Attendance and learning activities: | Attendance at lectures and tutorials is compulsory. Each week's class builds on the work of the previous week and so it is difficult to keep up with the workload if you miss a class. Though lectures may be streamed, this is not guaranteed so streaming should only be used as a backup and when absence is unavoidable. Attendance at tutorials is monitored and missing tutorials will have an impact on your mark. |
Prescribed resources: | Books
Journals
Others
|
---|---|
iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
Requisites: |
Pre-requisites:Co-requisites:There are no co-requisites |
---|---|
Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Admission into a Bachelor law degree OR Bachelor of Laws combined degree OR approved Study Abroad or Exchange law student |
Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Understand and have the ability to comparatively analyse the objectives, strengths, and weaknesses of the various avenues by which government decision-making can be reviewed or challenged leading to an ability to describe the current development and effect of public policy issues in administrative law, as well as to make informed predictions on the future development of those public policy issues.
- Understand the complex legal principles involved in this area of law and be able to apply those principles to the resolution of factual problems.
- Engage in discussions regarding important elements of administrative law, including reform options.
- Undertake advanced level legal research and to write a critical, analytical paper which includes jurisprudential and practical responses to the relevant legal issues.
- Understand some of the important emerging issues in administrative law and an ability to engage in critical analysis of the reasons and appropriateness of alternative responses to these emerging issues.
- Demonstrate good written communication skills utilising effective, appropriate and persuasive arguments and techniques.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
-
Assessment details
Type Task % Timing* Outcomes assessed Paper-based Examination (Open) End of semester examination 60.00% Final Examination Period 1,2,5,6 Essay Written Skills Assessment Essay or Memorandum 20.00% Week 8 1,2,3,4,5,6 *Class Participation Tutorial participation 20.00% Ongoing 1,2,3,5 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
-
Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Type | Task | % | Timing* | Outcomes assessed |
---|---|---|---|---|
Paper-based Examination (Open) | End of semester examination | 60.00% | Final Examination Period | 1,2,5,6 |
Essay | Written Skills Assessment Essay or Memorandum | 20.00% | Week 8 | 1,2,3,4,5,6 |
*Class Participation | Tutorial participation | 20.00% | Ongoing | 1,2,3,5 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
---|---|---|
Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Subject curriculum
-
Topic 1: Introduction & Overview of Australian Administrative Law
Defining the scope of administrative law; how to approach the study of administrative law; the legal framework for review of administrative decisions; an overview of the avenues of review of administrative decisions.
-
Topic 2: Judicial Review
Jurisdiction, Justiciability and Standing.
-
Topic 3: Grounds of Judicial Review
Grounds is the legal term to describe all the circumstances in which a court will grant relief. Both statutory and common law grounds for judicial review will be explored.
-
Topic 4:Grounds of Judicial Review
The specific ground of procedural fairness will be analysed.
-
Topic 5: Ousting Judicial Review
Jurisdictional Error & Privative Clauses.
-
Topic 6: Judicial Review Remedies
Common law and statutory remedies.
-
Topic 7: Merits Review
Review by administrative tribunals.
-
Topic 8: The Ombudsman, Freedom of Information & Right to Reasons
Review by Ombudsman, right to government information and the right to reasons for administrative decisions.
-
Topic 9: Choice of forum
Consideration of which avenue of review should be selected and in what circumstances.