General Information
Canadian Administrative Law is an elective subject in postgraduate programs offered by the Faculty of Law. This subject will provide an introduction to the basic principles of Canadian administrative law. These principles govern the activities of administrative bodies and the relationship between the legislative, executive, and judicial branches of government. The areas discussed will include procedural fairness, judicial review, the standard of analysis for substantive review, bias and independence, discretion, the application of the Charter to administrative decision making, and the remedies available with respect to administrative decisions. The subject will serve as a foundation for further study and practice in a wide range of areas, including health, environment, immigration, labour relations, professional regulation, education, and securities law.
-
Details
Academic unit: Faculty of Law Subject code: LAWS77-534 Subject title: Canadian Administrative Law Subject level: Postgraduate Semester/Year: January 2020 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Seminar: x12 (Total hours: 36) - Weekly Seminar
- Personal Study Hours: x12 (Total hours: 84) - Recommended study hours
Attendance and learning activities: Attendance is compulsory and will be assessed. Students should attend all classes. Classes build on the work of the previous one, and it may be difficult for students to recover if they miss a class. Attendance will be monitored, and missing classes may have an impact upon your final mark in this subject. If students miss a class they are also responsible for obtaining any information or materials provided during the class. To assist students' understanding during lectures on complex legal concepts, diagrams on the whiteboard will be used and this may be difficult to capture in a video stream. Though seminars may be streamed, no guarantee is given that the technology will deliver each seminar and streaming should be used ONLY as a backup in case of illness or as a tool for revision. -
Resources
Prescribed resources: Books
- Gus Van Harten, Gerald Heckman, David Mullan, Janna Promislow (2015). Administrative Law: Cases, Text, and Materials. 7th, Emond Publishing 1248
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: | LAWS77-534 |
| Subject title: | Canadian Administrative Law |
| Subject level: | Postgraduate |
| Semester/Year: | January 2020 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
|
| Attendance and learning activities: | Attendance is compulsory and will be assessed. Students should attend all classes. Classes build on the work of the previous one, and it may be difficult for students to recover if they miss a class. Attendance will be monitored, and missing classes may have an impact upon your final mark in this subject. If students miss a class they are also responsible for obtaining any information or materials provided during the class. To assist students' understanding during lectures on complex legal concepts, diagrams on the whiteboard will be used and this may be difficult to capture in a video stream. Though seminars may be streamed, no guarantee is given that the technology will deliver each seminar and streaming should be used ONLY as a backup in case of illness or as a tool for revision. |
| Prescribed resources: | Books
|
|---|---|
| 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: |
Nil |
|---|---|
| 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. Assumed Prior Learning (or equivalent):
|
| 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 current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
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) Final Exam 60.00% Final Examination Period 1,2,3 *Class Participation Class Participation 10.00% Ongoing 1,3 Essay Essay 30.00% In Consultation 1,2,3 - * 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) | Final Exam | 60.00% | Final Examination Period | 1,2,3 |
| *Class Participation | Class Participation | 10.00% | Ongoing | 1,3 |
| Essay | Essay | 30.00% | In Consultation | 1,2,3 |
- * 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
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
-
Introduction
Introduction to administrative law.
-
Procedural Fairness
Contents of procedural fairness: notice, discovery, delay, oral hearings, counsel, disclosure, admissibility, cross-examination, reasons.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
-
Institutional Decision-making, Bias & Lack of Independence
Delegation, deciding without hearing, agency counsel, agency guidelines, rulemaking, reasonable apprehension of bias, standards, independence.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
-
Substantive Review
Standard of review analysis, the law before and after Dunsmuir, statutory appeals.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
-
Discretion
Identifying discretionary decisions, abuse of discretion, standard of review of discretionary decisions, consideration of irrelevant factors/failure to consider relevant factors, delegated legislation, role of societal values and international law.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
-
Administrative Agencies and the Charter
Charter challenges in administrative decision-making, remedies for charter breaches.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.
-
Standing, Remedies and Procedure
Issues of standing, certiorari and the other prerogative writs, discretion of the court.
SLOs included
- Understand current Canadian administrative law and apply that law to complex factual situations.
- Demonstrate legal research skills relevant to Canadian administrative law.
- Understand the principles and debates underlying the current state of Canadian administrative law, recognise areas of uncertainty in the current law, and identify/recommend potential changes in the law.