CQUniversity Unit Profile
LAWS12061 Administrative Law
Administrative Law
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The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

This unit examines the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of executive power and the legality of administrative (executive) action and decision-making, especially insofar as they affect the rights, interests and legitimate expectations of individuals and the public. It also looks at the statutory, common law and equitable remedies available against invalid executive action and decision-making.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisites: LAWS11057 and LAWS11059

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 2 - 2017

Distance

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 20%
2. Presentation and Written Assessment
Weighting: 40%
3. Written Assessment
Weighting: 40%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Have your say.

Feedback

Some students desired more opportunities for interaction with peers.

Recommendation

Students might be offered the opportunity to host workshops. In addition, asynchronous discussion could be provided by an app such as Perusall that would allow students to interact in their own time.

Feedback from Discussion with students.

Feedback

Many students had not studied the first year subject Constitutional Law beforehand and lacked understanding of key political structures and ideas (eg the doctrine of separation of powers)

Recommendation

Some consideration should be given as to where key concepts (such as 'separation of powers') are first developed in the law degree and where they might be accessed by students who are studying out of sequence. It is recommended that the law school implement a transition/foundation knowledge project to examine where key areas of knowledge are embedded.

Feedback from Have your say.

Feedback

Some students did not like having to make a choice of assignment topic.

Recommendation

Generally students prefer choice, so these comments may well have been in the minority. Example scenarios were provided for students in the study guides, but more time could be spent on these in the relevant workshop and some students may prefer a more closely pre-defined topic option. Many students successfully consulted with the coordinator in academic office hours to develop their projects. Those who do not utilise contact periods may need more encouragement to take advantage of this opportunity.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Identify, discuss, and explain the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of executive power and the legality of administrative (executive) action and decision-making
  2. Review and critique administrative (executive) action and decision-making, and evaluate, discuss, and explain their legality or illegality
  3. Identify, discuss, and explain the available statutory, common law and equitable remedies available against invalid executive action and decision-making
  4. Research appropriate legal principles, statutes, and case law, and cite and apply those to the analysis of administrative law disputes.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment - 20%
2 - Presentation and Written Assessment - 40%
3 - Written Assessment - 40%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 20%
2 - Presentation and Written Assessment - 40%
3 - Written Assessment - 40%
Textbooks and Resources

Textbooks

Prescribed

Control of Government Action: Text, Cases & Commentary 4th (2015)

Authors: Robin Creyke, John McMillan and Mark Smyth
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409339352
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Manjo Oyson Unit Coordinator
m.oyson@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2017

Module/Topic

Administrative Law -- Theory, History and Context

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 1.

Events and Submissions/Topic

Week 2 Begin Date: 17 Jul 2017

Module/Topic

The Framework for Judicial Review

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 2.

Events and Submissions/Topic

Week 3 Begin Date: 24 Jul 2017

Module/Topic

Merits Review and Administrative Tribunals

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 3.

Events and Submissions/Topic

Week 4 Begin Date: 31 Jul 2017

Module/Topic

Foundation Concepts of Judicial Review

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 7.

Events and Submissions/Topic

Individual Research Essay Due: Week 4 Friday (4 Aug 2017) 9:00 pm AEST
Week 5 Begin Date: 07 Aug 2017

Module/Topic

Unauthorised Decision-Making

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 8.

Events and Submissions/Topic

Vacation Week Begin Date: 14 Aug 2017

Module/Topic

Vacation Week

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2017

Module/Topic

Statutory Purpose and Relevant Considerations

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 9.

Events and Submissions/Topic

Week 7 Begin Date: 28 Aug 2017

Module/Topic

Natural Justice

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 10.

Events and Submissions/Topic

Presentation and Written Assessment Due: Week 7 Friday (1 Sept 2017) 9:00 pm AEST
Week 8 Begin Date: 04 Sep 2017

Module/Topic

Law, Fact and Evidence

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 12.

Events and Submissions/Topic

Week 9 Begin Date: 11 Sep 2017

Module/Topic

Wednesbury Unreasonableness, Good Administration and the Outer Limits of Legality

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 14.

Events and Submissions/Topic

Week 10 Begin Date: 18 Sep 2017

Module/Topic

Judicial Review Remedies

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 17.

Events and Submissions/Topic

Week 11 Begin Date: 25 Sep 2017

Module/Topic

Access to Information

Chapter

Robin Creyke, John McMillan and Mark Smyth, Control of Government Act: Text, Cases and Commentary (LexisNexis Butterworths, 4th ed, 2015), Ch. 19.

Events and Submissions/Topic

Week 12 Begin Date: 02 Oct 2017

Module/Topic

Review/Revision

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 09 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Final Take Home Written Assessment Due: Review/Exam Week Monday (9 Oct 2017) 9:00 pm AEST
Exam Week Begin Date: 16 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Individual Research Essay

Task Description

This assessment involves writing an individual research essay consisting of 1000-1100 words (excluding footnotes) on one of four topics identified by the Course Coordinator. The topics shall be announced at the start of the term.

No bibliography is required. The word count must be indicated at the end of the submitted document, which must be in MS Word (and not in PDF). There is no allowance for a word count below or above the designated word count range of 1000-1100 words.


Assessment Due Date

Week 4 Friday (4 Aug 2017) 9:00 pm AEST


Return Date to Students

Vacation Week Friday (18 Aug 2017)


Weighting
20%

Assessment Criteria

The individual research essay will be assessed according to the following criteria:

  • Quality of introduction (10%)
  • Quality of discussion of issue(s) (40%)
  • Quality of argument (20%)
  • Quality of conclusion (10%)
  • Quality of research (10%)
  • Quality of language use and format (10%)

A detailed marking rubric is available in Moodle.


Referencing Style

Submission
Online

Submission Instructions
The individual research essay must be saved and submitted as an MS Word file according to the following format: LastName_FirstName_Essay.docx.

Learning Outcomes Assessed
  • Identify, discuss, and explain the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of executive power and the legality of administrative (executive) action and decision-making
  • Review and critique administrative (executive) action and decision-making, and evaluate, discuss, and explain their legality or illegality
  • Identify, discuss, and explain the available statutory, common law and equitable remedies available against invalid executive action and decision-making
  • Research appropriate legal principles, statutes, and case law, and cite and apply those to the analysis of administrative law disputes.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy

2 Presentation and Written Assessment

Assessment Title
Presentation and Written Assessment

Task Description

Assessment Two requires the online submission of answers to four problem-type questions.

Each answer must consist of 500-550 words (excluding footnotes). Hence, the total word count for the four answers is 2,000-2200 words (excluding footnotes).

Appropriate legal principles and case law must be cited. No bibliography is required. The word count must be indicated at the end of the submitted document, which must be in MS Word (and not in PDF). There is no allowance for a word count below or above the designated word count range of 500-550 words for each answer.

Aim to be concise and direct to the point. Follow the IRAC/CIRAC format that is the common approach to answering Law problem-type questions. In your submission, please provide only your answers and do not include or repeat the questions.

The assessment covers the topics up to and including week 6 on “Statutory Purpose and Relevant Considerations”.


Assessment Due Date

Week 7 Friday (1 Sept 2017) 9:00 pm AEST


Return Date to Students

Week 9 Friday (15 Sept 2017)


Weighting
40%

Assessment Criteria

This assessment will be assessed according to the following criteria: correct and thorough identification and description of the issues (20%) and rules/legal principles (20%), correct and thorough analysis of the issues with exceptional critical insight (40%), well thought-out conclusion (10%), and exemplary language use and observance of proper structure and format (10%).

A detailed marking rubric is available on the Moodle site.


Referencing Style

Submission
Online

Submission Instructions
The MS Word file containing the individual answers must be saved and submitted in the following format: LastName_FirstName_Answers.docx. 

Learning Outcomes Assessed
  • Identify, discuss, and explain the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of executive power and the legality of administrative (executive) action and decision-making
  • Review and critique administrative (executive) action and decision-making, and evaluate, discuss, and explain their legality or illegality
  • Identify, discuss, and explain the available statutory, common law and equitable remedies available against invalid executive action and decision-making
  • Research appropriate legal principles, statutes, and case law, and cite and apply those to the analysis of administrative law disputes.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Technology Competence
  • Ethical practice

3 Written Assessment

Assessment Title
Final Take Home Written Assessment

Task Description

This final written (individual take-home) assessment involves the online submission of answers to problem-type questions. Students are given a non-extendible period of 48 hours within which to submit their answers to the questions, which will be made available on 7 October (Saturday) at 9:00 p.m. (AEST). The answers must be saved in MS Word (not as a PDF) and submitted on 9 October (Monday) at 9 p.m. (AEST).

The MS Word file must be saved in the following format: LastName_FirstName_Final_Assessment.docx.


Assessment Due Date

Review/Exam Week Monday (9 Oct 2017) 9:00 pm AEST

No late submission is permitted. In the absence of an approved extension at the discretion of the Deputy Dean (Learning and Teaching), there will be no opportunity to complete the task after this date, nor will there be an opportunity to apply any late penalty.


Return Date to Students

Exam Week Friday (20 Oct 2017)

As per university policy, the marked assessment will be returned to students after the Certification of Grades.


Weighting
40%

Assessment Criteria

This assessment will be assessed according to the following criteria: quality of the statement of the problem, event or issue (10%); correct and thorough identification and description of the issues (10%) and rules/legal principles (20%), correct and thorough analysis and application of the rules and legal principles to the problem, event or issue (40%), well thought-out conclusion (10%), and quality of the language usage and observance of proper structure and format (10%).

A detailed marking rubric is available on the Moodle site.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Identify, discuss, and explain the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of executive power and the legality of administrative (executive) action and decision-making
  • Review and critique administrative (executive) action and decision-making, and evaluate, discuss, and explain their legality or illegality
  • Identify, discuss, and explain the available statutory, common law and equitable remedies available against invalid executive action and decision-making
  • Research appropriate legal principles, statutes, and case law, and cite and apply those to the analysis of administrative law disputes.


Graduate Attributes
  • Communication
  • Critical Thinking
  • Information Literacy
  • Cross Cultural Competence
  • Ethical practice

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?