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
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
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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.
Some students desired more opportunities for interaction with peers.
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.
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)
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.
Some students did not like having to make a choice of assignment topic.
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.
- 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.
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 | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 20% | ||||||||||
| 2 - Presentation and Written Assessment - 40% | ||||||||||
| 3 - Written Assessment - 40% | ||||||||||
Textbooks
Control of Government Action: Text, Cases & Commentary
Edition: 4th (2015)
Authors: Robin Creyke, John McMillan and Mark Smyth
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409339352
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
m.oyson@cqu.edu.au
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
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
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
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
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
Module/Topic
Vacation Week
Chapter
Events and Submissions/Topic
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
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
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
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
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
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
Module/Topic
Review/Revision
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
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.
Week 4 Friday (4 Aug 2017) 9:00 pm AEST
Vacation Week Friday (18 Aug 2017)
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
2 Presentation and Written Assessment
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”.
Week 7 Friday (1 Sept 2017) 9:00 pm AEST
Week 9 Friday (15 Sept 2017)
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Technology Competence
- Ethical practice
3 Written Assessment
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.
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.
Exam Week Friday (20 Oct 2017)
As per university policy, the marked assessment will be returned to students after the Certification of Grades.
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.
- 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.
- Communication
- Critical Thinking
- Information Literacy
- Cross Cultural Competence
- Ethical practice
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?
