Overview
LAWS12061 Administrative Law 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 constitutional, statutory, common law and equitable remedies available against invalid executive action and decision-making. Topics you will study in this unit include: the organisation and structure of the administration; administrative law theory; common law and statutory avenues of judicial review at Commonwealth and State level; grounds of judicial review; remedies; crown immunity; the Administrative Appeals Tribunal; statutory review; and Freedom of Information. This unit meets the LPAB requirements for administrative law.
Details
Pre-requisites or Co-requisites
Prerequisites: 24 credit points of law
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 - 2021
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 evaluations
Unit material presented in an engaging and passionate manner: "The lecturer explained the topic very well and the tone/voice used made it comfortable for you to listen to the whole session." "Overall Dr Deem is a knowledgeable lecturer, the subject matter is presented in a way that is readily absorbed." "Jacob is a fantastic lecturer. His passion for the subject and genuine care for students doing well really came out in his teaching."
Maintain and extend engagement with students in a manner that allows UC's passion for the subject matter to shine through. Additional avenues for further improving lecture video production quality are being explored as a means of extending student engagement.
Feedback from Student evaluations
Textbook was dense and/or difficult to read "I struggled with the textbook. I found that I couldn't engage with it properly and found it hard to take it all in." "Textbook is hard to follow and very dense." "Something that could be improved on is the textbook. It is overly complex at times."
Students are advised at the start of Term that different, simpler textbooks are available. Greater effort can be made to communicate this information to students early. Option to set multiple alternate textbooks via the bookshop are also being explored. External benchmarking of the unit identified the textbook as "excellent", and complete replacement of the textbook is undesirable. However, giving students greater choice in textbook is an important step to take.
Feedback from Student evaluations
"Cooperation between students. I’m not sure what you can do to improve the course. It has to do with the delivery format - online."
From T3 2021, some assessment tasks are transitioning to have a group work component. This is expected to enhance cooperation between students and promote engagement between peers despite geographic separation.
Feedback from Student evaluations; external review
Detail and realism of assessment tasks "I would also like to add that the written assignment in this unit has been my most favourite assignment to complete…& shock horror…I actually enjoyed completing it!!"
Effort and attention to detail in creation of assessment tasks should continue, as this assists student engagement with the assessment.
- 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
- Critically evaluate and explain the available constitutional, 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 - Online Quiz(zes) - 10% | ||||
| 2 - Written Assessment - 40% | ||||
| 3 - Take Home Exam - 50% | ||||
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 - Written Assessment - 40% | ||||||||||
| 3 - Take Home Exam - 50% | ||||||||||
Textbooks
Control of Government Action: Text, Cases and Commentary
5th edition (2019)
Authors: Robin Creyke, Matthew Groves, John McMillan and Mark Smyth
LexisNexis Butterworths
ISBN: ISBN: 9780409348170
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, 4th ed
For further information, see the Assessment Tasks.
j.deem@cqu.edu.au
Module/Topic
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019) Ch 1
Events and Submissions/Topic
Module/Topic
Access to Information
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 19, Ch 20
Events and Submissions/Topic
Module/Topic
Merits Review and Administrative Tribunals
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 3
Events and Submissions/Topic
Module/Topic
Framework for Judicial Review; Administrative Decisions (Judicial Review) Act 1977
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 2
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Written Assessment Task
Chapter
None. Tutorial this week will discuss the mid-term assessment task.
Events and Submissions/Topic
Module/Topic
Foundational Concepts of Judicial Review;
Law, Fact and Evidence
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 7; Ch 13
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Unauthorised Decision-making
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 8
Events and Submissions/Topic
Module/Topic
Statutory Purpose and Relevant Considerations
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 9
Events and Submissions/Topic
Module/Topic
Natural Justice
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 11
Events and Submissions/Topic
Module/Topic
Wednesbury Unreasonableness and the Outer Limits of Legality
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 15
Events and Submissions/Topic
Module/Topic
Judicial Review Remedies
Chapter
Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 5th ed. 2019), Ch 17
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Take home assessment
Take Home Assessment Due: Exam Week Monday (14 Feb 2022) 11:45 pm AEST
1 Online Quiz(zes)
For this individual assessment, there will be a series of online multiple-choice quizzes throughout the Term corresponding to the respective topics of weeks 1 to 11. Each quiz involves several multiple-choice questions (case-type or conceptual).
Each online quiz, shall be opened and made visible to students on the Monday of each relevant week (fortnightly).
Students have seven calendar days (or until Monday at 11 am, QLD time) to answer each online quiz. After the lapse of the seven-day period, students shall lose the opportunity to answer that particular quiz. The answers to each quiz will automatically be made visible immediately at the end of the seven-day period. Accordingly, it is not possible to grant extensions or deferrals for each quiz.
5
Fortnightly
Each answer shall be assessed as to whether it is correct or incorrect according to: the correct identification of the legal issues and rules/legal principles, correct analysis and application of the rules and legal principles to the legal issues and the facts, and the conclusion.
- 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
- Critically evaluate and explain the available constitutional, 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
2 Written Assessment
This group assessment involves written and presentation components in response to a hypothetical scenario. Students will form (or be placed into) groups of 3 by the end of Week 2. As a group, students will assign each member to one of three roles: (1) Senior Counsel; (2) Junior Counsel; (3) Instructing Solicitor. The hypothetical scenario will also be made available at the end of Week 2. Groups must produce written and oral submissions in response to three issues raised in the scenario (1 issue per student).
Written and oral submissions are due by 5.00pm (AEST) 7 January 2021 (Friday Week 7).
Week 7 Friday (7 Jan 2022) 5:00 pm AEST
Week 9 Friday (21 Jan 2022)
Students will be marked individually for their contribution to the group submission, with part of the mark allocated to the collaboration/synergy with other parts of the submission. Each submission will be marked according to the following criteria:
- correct and thorough identification of the legal issue(s) (10%) and
- Evidence of knowledge and understanding of relevant rules/legal principles (30%);
- careful and critical analysis and application of the rules and legal principles to the legal issue(s) and the facts (40%);
- well thought-out conclusion (5%)
- evidence of collaboration/synergy with the other submissions from the group (5%);
- and quality of the language usage and observance of proper structure, format, and instructions (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 the legality of administrative (executive) action and decision-making
- Critically evaluate and explain the available constitutional, 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
3 Take Home Exam
This individual written assessment involves answering questions on a hypothetical scenario, covering any of the topics raised in this unit. Students have a limited timeframe to submit their answers on Moodle. Students will be advised of the exact time for the assessment via Moodle once the examination timetable has been finalised.
Responses to the assessment must be submitted before the deadline. Late submissions will not be accepted and will be automatically awarded a mark of zero. It is not possible to grant extensions for this assessment.
Exam Week Monday (14 Feb 2022) 11:45 pm AEST
Students will be marked based on their individual submission according to the following criteria: correct and thorough identification 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) and the facts (40%); well thought-out conclusion (10%); and quality of the language usage and observance of proper structure, format, and instructions (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 the legality of administrative (executive) action and decision-making
- Critically evaluate and explain the available constitutional, 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?
