This course aims to provide ADF Legal Officers' Special Career Structure (LOSCR) with the military administrative law component of Legal Training Module 2.  This is the educational requirement for ADF Legal Officers to qualify for legal competency level LL3 under the LOSCR approved by the Defence Force Remuneration Tribunal.

A student who has successfully completed the course should show a sound knowledge of:

• the application of Military Administrative Law within the Defence Force
• the purpose and application of the Redress of Grievance process
• the process of administrative inquiries, in the wider context of administrative law
• be able to evaluate the impact of administrative law on Defence Force activities generally.

A participant who has successfully completed this course should understand Australian administrative law in a civil and military law context.

• In particular, the participant will understand:
• the impetus for and justification of the imposition of administrative law standards including why decision-makers should be accountable
• the sources of the jurisdiction of courts to undertake judicial review and appeal
• the distinction between judicial and merits review
• the jurisdiction and processes of tribunals
• the jurisdiction and processes of investigative bodies such as Ombudsman, Privacy Commissioner, and anti-discrimination and equal opportunity bodies
• private law processes for challenging government decisions including tort and contract law
• other administrative law rights such as freedom of information and privacy.
• Understand the sources for and the framework of administrative law within the Australian Defence Force and how these relate to the general administrative law framework, in particular:
• the extent to which decisions within the Australian Defence Force are not coverage by the civil administrative law bodies
• Australian Defence Force bodies which provide alternatives to, or substitutes for, the civil administrative law institutions.
• Understand administrative law principles, in particular:
• the constitutional underpinning for administrative law
• the principle of legality
• Crown immunity from statute
• executive power as a source of authority
• who is an authorised decision-maker, that is, delegates/agents/others
• the grounds of review including:
• relevant/irrelevant considerations
• executive policies, directions and representations
• fair processes including the natural justice
• fact, law and evidence
• unreasonableness.
• Understand the impact of administrative law principles within the Australian Defence Force, in particular as they apply to:
• administrative inquiries, including quick assessments
• the Redress of Grievance process
• administrative sanctions and terminations.
• Understand civil administrative law remedies.
• Understand the military administrative law remedies.
• Be able to critique the administrative law principles and institutions which apply in a civil law and a military law context.

The assessment will comprise:

• a multiple choice and short answer test completed prior to the course
• a problem question completed in class
• a class presentation on a topic from a list supplied to be approved by the course coordinator
• a take-home exam.