Studies how the law makes public decision-makers accountable for how they exercise their discretions, powers, and duties. Various control mechanisms - particularly courts, merits appeals tribunals, Ombudsman, Freedom of Information (FoI) and privacy legislation at Commonwealth level - aim at curbing bureaucratic mistakes and excesses, and at ensuring sound, rational, and consistent decision-making by governments.
Topic 1: The framework of Australian administrative law
Topic 2: Rule-making and control of subordinate legislation; Executive power and policy
Topic 3: Access to government information
- Freedom of information
Topic 4: The framework for challenging and controlling government action: Judicial review
Topic 5: The framework for challenging and controlling government action: Merits review
Topic 6: Other methods of administrative law review
- Human rights agencies
- Alternative dispute resolution
Topic 7: Standing to seek review: Common law and statutory tests for standing
Topic 8: Judicial review and the criteria for lawful decision-making: Unauthorised decision-making
Topic 9: The criteria for lawful decision-making
- Legislative scope and purpose
- Law, fact and evidence
Topic 10: The criteria for lawful decision-making
- Breach of statutory duty
- Wednesbury unreasonableness
Topic 11: Natural justice/procedural fairness
- The hearing rule
- The rule against bias
Topic 12: Remedying unlawful government action
- The consequences of unlawful decision-making
- Constitutional writs and statutory remedies
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
|On completion of this unit, students should be able to:||GA1||GA2||GA3||GA4||GA5||GA6||GA7|
|1||identify and explain the central principles and the various elements which inform Australia's federal system of administrative law||Intellectual rigour||Knowledge of a discipline|
|2||evaluate the differences between review of the lawfulness of a decision, and review of the merits of a decision||Intellectual rigour||Knowledge of a discipline|
|3||demonstrate an understanding of the legal and administrative mechanisms by which the actions and decisions of government officials and agencies may be challenged||Intellectual rigour||Creativity||Knowledge of a discipline|
|4||identify and explain the legal and administrative mechanisms by which government officials and agencies may be rendered accountable for their actions||Intellectual rigour||Creativity||Knowledge of a discipline|
|5||analyse the legal and administrative consequences of unlawful administrative action||Intellectual rigour||Creativity||Knowledge of a discipline|
|6||apply the relevant legal principles to identify the remedies available to persons whose interests have been affected by the unlawful exercise of administrative power.||Intellectual rigour||Creativity||Knowledge of a discipline|
- No prescribed texts.
Teaching and assessment
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2014 Commonwealth Supported only. Student contribution band: 3
Please check the international course and fee list to determine the relevant fees.