Administrative Law

Abstract

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 … For more content click the Read More button below.

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.

Syllabus

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 … For more content click the Read More button below.

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.

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.

Assumed knowledge

LAW110 or LAW100

Enrolment restrictions

Available to undergraduate students only.