Overview
This unit examines the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the exercise of administrative (executive) power, especially insofar as they affect the rights, interests and legitimate expectations of individuals and the public. It also looks at the legal remedies available against invalid executive action and decision-making. At the end of the unit, you will be able to identify, discuss, and explain the legal rules, principles and procedures applied by the courts and administrative tribunals to review and check the legality of executive action and decision-making and provide legal advice about 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 3 - 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 Student evaluation survey
Respectful attitude towards the students
A respectful attitude toward the students during the tutorials, and in assessment feedback and emails, should continue to be adopted as they encourage students to engage more fully with the unit.
Feedback from Student evaluation survey
Challenging assessment tasks
Students actually favour assessment tasks that challenge them rather than appear to be very easy to do. Challenging tasks are likely to stretch the abilities of students and prepare them well for challenging roles as future lawyers.
Feedback from Student evaluation survey
Difficult scenarios in problem-based questions
Some students felt that the use of difficult scenarios in problem-based questions may unnecessarily complicate Administrative Law principles and concepts. There is perhaps merit, on the one hand, about this comment. However, it is equally important that the complicated dimensions of Administrative Law be addressed.
- 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 the legality of administrative (executive) action and decision-making
- Provide legal advice about 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 - Online Quiz(zes) - 10% | ||||
2 - Group Work - 30% | ||||
3 - Written Assessment - 60% |
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 - Online Quiz(zes) - 10% | ||||||||||
2 - Group Work - 30% | ||||||||||
3 - Written Assessment - 60% |
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 Action: 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 Action: 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 Action: 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 Action: Text, Cases and Commentary (LexisNexis, Butterworths, 4th ed, 2015), Ch. 7
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Unauthorised Decision-Making
Chapter
Robin Creyke, John McMillan and Mark Smyth, Control of Government Action: Text, Cases and Commentary (LexisNexis, Butterworths, 4th ed, 2015), Ch. 8
Events and Submissions/Topic
Module/Topic
Statutory Purpose and Relevant Considerations
Chapter
Robin Creyke, John McMillan and Mark Smyth, Control of Government Action: 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 Action: 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 Action: 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 Action: 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 Action: 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 Action: 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 Online Quiz(zes)
For
this assessment task, there will be a weekly online quiz corresponding to the
respective topics of weeks 2 to 11. Each weekly quiz involves one multiple-choice
question (problem-type or conceptual). Hence, there will be ten weekly online
quizzes throughout the term up to the week 11 topic but excluding the week 1
topic.
Each
weekly online quiz, which comprises 1% of the final grade, shall be opened and
made visible to students at the end of each week (Friday) at about 5 p.m. The
first quiz corresponding to the week 2 topic shall be opened and made visible
on the Friday of Week 1 (10 November). The second quiz corresponding to the
week 3 topic shall then be opened and made visible on the Friday of Week 2 (17
November), et seq.
Students
have seven calendar days (or until Thursday at 5 pm, AEST) to answer each
weekly online quiz. After the lapse of the seven-day period, students shall
lose the opportunity to answer the quiz for that particular week.
The
questions and answers shall be discussed at our weekly tutorials after the end
of the period during which students are meant to do the quiz.
There
will be no online quiz during the mid-term break.
10
Weekly
Week 11 Thursday (1 Feb 2018) 5:00 pm AEST
For this assessment task, there will be a weekly online quiz throughout the Term corresponding to the respective topics of weeks 2 to 11. Each weekly quiz involves one multiple-choice question (problem-type or conceptual).
Week 11 Thursday (1 Feb 2018)
The questions and answers shall be discussed at our weekly tutorials after the end of the period during which students are meant to do the quiz.
Each
answer shall be assessed simply according to whether it is correct or
incorrect.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- 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
- Research appropriate legal principles, statutes, and case law, and cite and apply those to the analysis of administrative law disputes.
2 Group Work
There are two parts to this assessment:
1. Development of three case notes by each student = 25%; and
2. Student presentation (tutorial or video recording) = 5%.
Case Notes (25% of Final Grade). This assessment involves the development of Case Notes pertaining to key cases (judicial decisions) covered in the unit. Its purpose is to enable students to immerse themselves in key cases by writing about them and to develop a collection of Case Notes that students can tap into and make use of in order to enhance their learning. It also involves group work which has been shown to facilitate learning, enhance task and unit completion, and improve student engagement and experience. The ability to work in a team is also an important graduate attribute that the university wishes to develop and is important in a real workplace setting such as a law firm. However, a student who finds the group work to be impracticable or infeasible shall be given the option to do this assessment individually.
At
its core, each student shall be required to write three different Case Notes
comprising 500-600 words for each Case Note that must relate to different weekly topics. If a group has two members, such a
group shall produce six different Case Notes comprising 500-600 words for each
Case Note. If a group has three members, such a group shall produce nine different
Case Notes comprising 500-600 words for each Case Note. The maximum number of
members in a group shall be three, and there is no word-count allowance below or above the 500-600 word range.
The
group compositions shall be finalised after the Census Date. Students are
encouraged to form groups of their own prior to or at the start of the Term. A “Group
Formation” Forum shall be created in Moodle to facilitate discussions about the
formation of groups. Students who are unable to form groups after the Census
Date on 28 November can do this assessment on their own or request to be
grouped with other students who don’t belong to a group.
Further
details on how the Case Notes shall be written will be made available at the start
of the Term. A list of Key Cases shall also be made available at the start of
the Term, including further guidelines on this assessment.
Each set of Case Notes must be submitted as an MS Word file in Moodle and posted in a Closed-Group Facebook Page to be announced later. Students are encouraged to provide feedback and comments to each Case Note, although such feedback and comments will not be marked and are not assessed.
Peer Marking (5% of Final Grade). The Case Notes shall be
subject to peer-review and peer-marking. During the marking period (after the submission
deadline), each group of students shall be randomly assigned the task of
marking the Case Notes of another group. Such peer-reviewing group will be
required to provide marks, according to the Marking Rubric, as well as
constructive written feedback on the Case Notes. The peer-review and peer-marking are not assessed nor marked.
Student Presentations (5% of Final Grade). Each group (or student doing this assignment individually) shall be required to do one five-minute presentation of a Case Note related to a weekly tutorial’s topic. Time limits will be strictly adhered to. In the event a student presentation at a tutorial becomes impracticable or infeasible, a five-minute video recording shall be an alternative assignment submission. The Marking Rubric and guidelines on the students’ presentations, including their content, shall be made available at the start of the Term. Student presentations shall start in Week 5.
Week 9 Friday (19 Jan 2018) 9:00 pm AEST
Each set of Case Notes must be submitted as an MS Word file in Moodle and posted in a Closed-Group Facebook Page to be announced later.
Week 11 Friday (2 Feb 2018)
The case notes will be assessed according to the following criteria: presentation of facts (20%), discussion of legal issue (10%), discussion of decision or rule (40%), discussion of importance of the case (20%), and language use and observance of proper structure, format and instructions (10%).
The Marking Rubric for this assessment task and further information about the Facebook Page shall be made available in Moodle at the start of the Term.
- Communication
- Problem Solving
- Critical Thinking
- Information Technology Competence
- Ethical practice
- 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 the legality of administrative (executive) action and decision-making
- Provide legal advice about 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.
3 Written Assessment
The final invigilated examination involves answering four problem-type questions. All of them must be answered.
Exam Week Thursday (15 Feb 2018) 8:00 pm AEST
Please disregard the due date information above. The university will schedule the date for the final examination.
Review/Exam Week Friday (16 Feb 2018)
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 legal issue(s) (10%), and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) (40%); well thought-out conclusion (10%), and quality of the language usage and observance of proper structure, format, and instructions (10%). Follow the AGLC referencing style. A detailed marking rubric is available on the Moodle site.
- Communication
- Critical Thinking
- Information Literacy
- Cross Cultural Competence
- Ethical practice
- 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 the legality of administrative (executive) action and decision-making
- Provide legal advice about 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.
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.