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 - 2022

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. Group Discussion
Weighting: 10%
2. Practical 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 evaluations

Feedback

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."

Recommendation

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

Feedback

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."

Recommendation

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

Feedback

"Cooperation between students. I’m not sure what you can do to improve the course. It has to do with the delivery format - online."

Recommendation

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

Feedback

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!!"

Recommendation

Effort and attention to detail in creation of assessment tasks should continue, as this assists student engagement with the assessment.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Apply and critique the legal rules and procedures applied by the courts and administrative tribunals to review the legality of administrative (executive) action and decision-making.
  2. Analyse and apply the range of remedies available against invalid executive action and decision-making.
  3. Work individually and in groups in an effective, professional and reflective manner to develop persuasive oral and written arguments.


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
1 - Group Discussion - 10%
2 - Practical Assessment - 40%
3 - Take Home Exam - 50%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3
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
Textbooks and Resources

Textbooks

Prescribed

Control of Government Action: Text, Cases and Commentary

6th edition (2022)
Authors: Robin Creyke, Matthew Groves, John McMillan and Mark Smyth
LexisNexis Butterworths
ISBN: 9780409353150
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: 07 Nov 2022

Module/Topic

Administrative Law: Principles, Theory, History

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 1

Events and Submissions/Topic

Week 2 Begin Date: 14 Nov 2022

Module/Topic

Administrative Decisions

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 8 pg 402-424; Chapter 9 pg 496-516; Chapter 3 pg 143-149

Events and Submissions/Topic

Formation of groups for Mid-Term Assessment

Week 3 Begin Date: 21 Nov 2022

Module/Topic

Access to Information

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 19; Chapter 21

Events and Submissions/Topic

Week 4 Begin Date: 28 Nov 2022

Module/Topic

Merits Review

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 4

Events and Submissions/Topic

Vacation Week Begin Date: 05 Dec 2022

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 12 Dec 2022

Module/Topic

Availability of Judicial Review

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 7; Chapter 8

Events and Submissions/Topic

Week 6 Begin Date: 19 Dec 2022

Module/Topic

Grounds of Review: No evidence

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 13

Events and Submissions/Topic

Vacation Week Begin Date: 26 Dec 2022

Module/Topic

Chapter

Events and Submissions/Topic

Written component of Mid-Term Assessment due Friday.

Week 7 Begin Date: 02 Jan 2023

Module/Topic

Grounds of Review: Unauthorised Decision-Making

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 9

Events and Submissions/Topic

Mid-Term Assessment held this week. See sign-on sheet in Moodle for scheduled dates and times.


Mid-Term Assessment Due: Week 7 Tuesday (3 Jan 2023) 5:00 pm AEST
Week 8 Begin Date: 09 Jan 2023

Module/Topic

Ground of Review: Statutory Purpose; Relevant and Irrelevant Considerations

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 11

Events and Submissions/Topic

Week 9 Begin Date: 16 Jan 2023

Module/Topic

Ground of Review: Natural Justice

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 10

Events and Submissions/Topic

Group discussion task due


Group Discussion Due: Week 9 Friday (20 Jan 2023) 5:00 pm AEST
Week 10 Begin Date: 23 Jan 2023

Module/Topic

Ground of Review: Unreasonableness

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 14

Events and Submissions/Topic

Week 11 Begin Date: 30 Jan 2023

Module/Topic

Ground of Review: Remedies

Chapter

Robin Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases & Commentary (LexisNexis Butterworths, 6th ed. 2022), Chapter 18

Events and Submissions/Topic

Week 12 Begin Date: 06 Feb 2023

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 13 Feb 2023

Module/Topic

Chapter

Events and Submissions/Topic

Take home exam

Assessment Tasks

1 Group Discussion

Assessment Title
Group Discussion

Task Description

· This task is completed in groups of four – you and your team member from the Mid-Term Task, and another pair (groups will be allocated following the Mid-Term task).

· As a group, you will critically reflect on your advocacy task, discussing what you think went well, and where you think you could have improved.

· Each group member should provide at least two comments – one reflecting on their own experiences, and one reflecting on at least one other group member’s moot.


Assessment Due Date

Week 9 Friday (20 Jan 2023) 5:00 pm AEST


Return Date to Students

Week 11 Friday (3 Feb 2023)


Weighting
10%

Assessment Criteria

· This task is designed to be reflective and constructive. It is important that you engage with your peers in a constructive, professional manner. Great reflections are actionable – pointing out something that worked to continue doing, or something that can be improved next time. An example is provided at this end of this document.

· Your mark (out of 10) is awarded based on the quality of your reflection, and the constructiveness of your comments towards others. Mere descriptions of what happened or unactionable comments are not rewarded highly.

A detailed rubric is available on Moodle.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Work individually and in groups in an effective, professional and reflective manner to develop persuasive oral and written arguments.

2 Practical Assessment

Assessment Title
Mid-Term Assessment

Task Description

· This task requires you to form groups of two. If you need help finding a partner, see the forum post on Moodle.

· As a pair, you will complete a submission to the AAT (‘Task 1: Written Component’) due Tuesday 3 January 2022 and an oral advocacy task (‘Task 2: Advocacy Component’) which will take place in Week 7. Compared to other Terms, this timing is an extension to account for the disruptions over Christmas. Make sure you contact your partner early and start this task well before the deadline.

· Record your group membership in the spreadsheet linked under the Assessment tab. This spreadsheet also serves as a timetable for the Advocacy Component.

· Sign-ups to available slots are on a first-come, first-served basis.

· It is not possible to offer time slots outside the times listed in the spreadsheet. This task is given to you with plenty of notice to make arrangements with work, etc so that you can complete this assessment task.

· It is your responsibility to notify the Unit Coordinator of any circumstances that might impact your ability to complete this task as soon as possible. Where appropriate, accommodations may be made but this will be decided on a case-by-case basis and is not guaranteed.

· As this is a group assignment and students are reliant on each other to contribute to the live advocacy exercise via Zoom, extensions are not permitted.

· Make sure you are in a group and are signed up in the spreadsheet by 5pm Friday Week 2.

· On Monday Week 3, I will allocate people to a group and time slot if they are not already in a group. Being allocated to a particular day/time is not grounds to request an accommodation.

Tasks:

Each group must complete the following two tasks in relation to their client:

Task 1 (Written Component) (10 marks): Prepare a written submission to the Administrative Appeals Tribunal. This task is completed as a group and is awarded a group mark. Senior Counsel makes 1 submission on behalf of the group on Moodle by Friday. of Vacation Week.

Task 2 (Advocacy Component) (30 marks): Participate in an advocacy task in an Administrative Appeals Tribunal setting. This task is completed via a live Zoom session at a date/time in Week 6. Senior and Junior Counsel will each present on an administrative law issue. This component is marked individually.


Assessment Due Date

Week 7 Tuesday (3 Jan 2023) 5:00 pm AEST


Return Date to Students

Week 9 Monday (16 Jan 2023)


Weighting
40%

Assessment Criteria

Task 1 (Written Component) - 10 marks

  • Identification of issues and relevant rules/principles - 5 marks
  • Critical analysis and application - 3 marks
  • Communication - 2 marks

Both group members receive the same mark for Task 1

Task 2 (Moot Component) - 30 marks

  • Identification of issues and relevant rules/principles - 5 marks
  • Critical analysis and application - 12 marks
  • Communication and persuasion - 8 marks
  • Collaboration and teamwork - 5 marks

Task 2 is marked individually


See Moodle for full marking rubric


Referencing Style

Submission
Online Group

Submission Instructions
Moot component takes place live via Zoom during Week 6

Learning Outcomes Assessed
  • Apply and critique the legal rules and procedures applied by the courts and administrative tribunals to review the legality of administrative (executive) action and decision-making.
  • Analyse and apply the range of remedies available against invalid executive action and decision-making.
  • Work individually and in groups in an effective, professional and reflective manner to develop persuasive oral and written arguments.

3 Take Home Exam

Assessment Title
Take Home Exam

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 (Accessibility adjustments still apply). Exam conditions apply to all take home papers.


Assessment Due Date

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
  • Apply and critique the legal rules and procedures applied by the courts and administrative tribunals to review the legality of administrative (executive) action and decision-making.
  • Analyse and apply the range of remedies available against invalid executive action and decision-making.
  • Work individually and in groups in an effective, professional and reflective manner to develop persuasive oral and written arguments.

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?