Administrative and Government Law

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Abstract

This subject addresses the judicial review of administrative decisions and actions of government. The role of the Ombudsman, freedom of information and anti-corruption legislation is also discussed. In addition, consideration is given to how administrative law meets the challenges of privatisation, outsourcing and the adoption of human rights protection.

Syllabus

Introduction to administrative law, including administrative decision-making powers and discretions, statutory interpretation, and the role of the OmbudsmanAdministrative system in its legal and constitutional contextDelegated legislation and statutory reviewThe Administrative Appeals Tribunal, including legal status, jurisdiction of the tribunal and its role and functionErrors of law and factMerit Review - … For more content click the Read More button below.

Introduction to administrative law, including administrative decision-making powers and discretions, statutory interpretation, and the role of the Ombudsman
Administrative system in its legal and constitutional context
Delegated legislation and statutory review
The Administrative Appeals Tribunal, including legal status, jurisdiction of the tribunal and its role and function
Errors of law and fact
Merit Review - Commonwealth and New South Wales
Commonwealth and New South Wales avenues of judicial review, including common law and statutory administrative decisions
Judicial Review Act 1977 (Cth)
Supreme Court Act 1970 (NSW)
Grounds of review, including procedural fairness, hearing rule and rule against bias, acting beyond scope of power and improper exercise of power
Remedies in judicial review and standing, including standing, judicial discretion, prerogative orders, equitable remedies, injunctions, remedies under administrative decisions, ouster clauses, and justiciability
Effect of invalid administrative action and other procedural matters
Freedom of information legislation and privacy legislation
Crown immunity

Learning outcomes

Upon successful completion of this subject, students should:

be able to develop a critical perspective upon the accountability of government decision-makers;

be able to discuss critically the ways public and private organisations are required to comply with substantive and procedural laws pursuant to conferred powers under Commonwealth and State legislation;

be able to analyse critically the separation of powers, the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure in order to formulate legal advice or opinion relating to hypothetical scenarios or real-world contextual problems;

be able to demonstrate an understanding of the legal framework, including common law and statutory remedies, together with the importance of statutory construction and interpretation in the exercise and supervision of government powers;

be able to identify and articulate democratic theories, legal doctrines and remedies that courts utilise in constraining the decision-making power of administrators and apply them to practical scenarios;

be able to evaluate critically the role played by the Ombudsman in the resolution of administrative disputes;

be able to analyse critically non-judicial mechanisms of accountability, including merits review by tribunals, and freedom of information, and to reflect upon social policies underpinning this area of the law; and

be able to demonstrate an understanding of how law can affect the behaviour of governmental decision makers and organisations in such a way as to promote important social objectives.

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW311