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

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

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: 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

Online

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. Online Quiz(zes)
Weighting: 10%
2. Written Assessment
Weighting: 40%
3. Take Home Exam
Weighting: 50%

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 Student evaluation

Feedback

Weekly quizzes assist students in staying on top of their workloads.

Recommendation

The weekly quizzes should be kept as they have helped students stay on track. They are also important in terms of providing formative feedback about students' level of understanding of key concepts.

Feedback from Student evaluation and emails

Feedback

Engaging tutorials assist in student learning.

Recommendation

The weekly tutorials should continue to be designed to get students to think about and apply the law to case-based scenarios. This approach provides strong opportunities for experiential learning which assists students in learning about the relevance of Administrative Law to many day-to-day executive decisions.

Feedback from Student evaluation

Feedback

A pastoral approach to teaching is valued.

Recommendation

Students value a pastoral approach to teaching which can involve reaching out to students who are not engaging or not engaging enough. Such an approach helps students complete a unit.

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 the legality of administrative (executive) action and decision-making
  3. Critically evaluate and explain the available constitutional, 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 - 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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Online Quiz(zes) - 10%
2 - Written Assessment - 40%
3 - Take Home Exam - 50%
Textbooks and Resources

Textbooks

Prescribed

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

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, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Jacob Deem Unit Coordinator
j.deem@cqu.edu.au
Schedule
Week 1 Begin Date: 08 Nov 2021

Module/Topic

Administrative Law - Theory, History and Context

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

Week 2 Begin Date: 15 Nov 2021

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

Week 3 Begin Date: 22 Nov 2021

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

Week 4 Begin Date: 29 Nov 2021

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

Vacation Week Begin Date: 06 Dec 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 13 Dec 2021

Module/Topic

Written Assessment Task

Chapter

None. Tutorial this week will discuss the mid-term assessment task.

Events and Submissions/Topic

Week 6 Begin Date: 20 Dec 2021

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

Vacation Week Begin Date: 27 Dec 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 7 Begin Date: 03 Jan 2022

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

Mid-Term Assessment - GROUP Due: Week 7 Friday (7 Jan 2022) 5:00 pm AEST
Week 8 Begin Date: 10 Jan 2022

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

Week 9 Begin Date: 17 Jan 2022

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

Week 10 Begin Date: 24 Jan 2022

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

Week 11 Begin Date: 31 Jan 2022

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

Week 12 Begin Date: 07 Feb 2022

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 14 Feb 2022

Module/Topic

Chapter

Events and Submissions/Topic

Take home assessment


Take Home Assessment Due: Exam Week Monday (14 Feb 2022) 11:45 pm AEST
Assessment Tasks

1 Online Quiz(zes)

Assessment Title
Online Quizzes

Task Description

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.


Number of Quizzes

5


Frequency of Quizzes

Fortnightly


Assessment Due Date

Return Date to Students

Weighting
10%

Assessment Criteria

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.


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 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.


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

2 Written Assessment

Assessment Title
Mid-Term Assessment - GROUP

Task Description

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).


Assessment Due Date

Week 7 Friday (7 Jan 2022) 5:00 pm AEST


Return Date to Students

Week 9 Friday (21 Jan 2022)


Weighting
40%

Assessment Criteria

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.


Referencing Style

Submission
Online Group

Submission Instructions
Make 1 submission per group. Please ensure that each individual component clearly identifies which student was responsible for its creation.

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 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.


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

3 Take Home Exam

Assessment Title
Take Home Assessment

Task Description

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.


Assessment Due Date

Exam Week Monday (14 Feb 2022) 11:45 pm AEST


Return Date to Students

Weighting
50%

Assessment Criteria

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.


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 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.


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?