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LEGW8118 Administrative Law Practice

LEGW8118 is only available under certain award programs.

Offered By Legal Workshop
Academic Career Graduate Coursework
Course Subject Legal Practice
Offered in Autumn Session, 2009, Spring Session 2009, Autumn Session, 2010, and Spring Session 2010
Unit Value 3 units
Course Description

Administrative Law Practice is an eight week course, offered online only.  The course is available twice a year, usually between March - May and September - November.

The course introduces administrative law practice from both federal government agency and private client perspectives.  The course prepares you to advise and assist clients on administrative law matters and to obtain review of federal administrative decisions.  The focus is on:

  • understanding the decision-making process pursuant to legislation and generally
  • review of decisions within government agencies and by external tribunals
  • preparation of review documents such as statements of reasons and of Tribunal documents such as facts and contentions
  • the role of the Commonwealth Ombudsman, Privacy, Freedom of Information, Judicial v Merits Review and the use of archives
  • drafting skills
  • understanding accountability and ethical considerations in administrative law practice.

This course is based on Commonwealth Administration Law.

You will experience different perspectives of Administrative Law practice as you represent a government agency for part of the scenario and a private citizen in another part of the matter.  Legal practitioners must have an understanding of, and experience in, advising on administrative law matters for different clients and ‘opposing' sides.

Learning Outcomes  

At the conclusion of the course, you should:

  • when acting for a government agency, understand the importance of:
    • proper process
    • compliance with legislative requirements
    • the authority of the decision-maker to make the decision (under legislation, delegation etc)
    • the relationship between the agency and Minister in administrative decision-making
    • the proper conduct of internal review
    • providing proper and well-reasoned statements of reasons to applicants
    • being able to advise the agency on managing responses to private citizen / applicant actions in relation to:
      • an FOI request to the agency;
      • a complaint to the Ombudsman's Office;
      • a request for reasons for decisions;
      • defending an application to the Administrative Appeals Tribunal, including drafting the required documents

and generally advise the client as required by law, good practice and the circumstances of the matter.

  • when representing a private client, you will understand how to obtain information on, and administrative review of, agency decision-making to:
    • make a valid FOI request;
    • seek internal review using the proper process for the particular problem;
    • understand the relevant legislative and regulatory framework;
    • seek reasons for decisions, including a formal Statement of Reasons;
    • lodge a complaint with the Ombudsman's office;
    • critically analyse and assess all information provided by all parties;
    • identify all alternative means of redress (which may be non-legal as well as legal);
    • make an application to the Administrative Appeals Tribunal (AAT);
    • conduct the matter before the AAT

and generally advise the client as required by law, good practice and the circumstances of the matter.

 

The Administrative Law course focuses on developing your legal practice skills in: 

  • problem solving and analysis
  • managing multiple pieces of legislation, policy documents and files
  • communication - writing and drafting
  • working co-operatively
  • sharing ideas and knowledge
  • reflective practice
to achieve the best outcomes (legal and/or non-legal) for your client, whether a public sector agency or private sector organisation or individual citizen.
Indicative Assessment

Students have three (3) assessment exercises, worth 45%, 15% and 40% respectively.

Assessment 3 exercise is usually partnered work.  Paired students have their own online team room to exchanges ideas and work.

Workload

Hours required will depend on previous experience and/or knowledge.

You self pace your study to meet online course timelines and assessment deadlines within an 8 week intensive course.

Areas of Interest Law
Eligibility The course is designed for law graduates intending to proceed into legal practice.
Corequisites Students enrolled in the Graduate Diploma of Legal Practice must complete the Skills for Practice course before beginning this course.
Incompatibility There are no incompatible courses.
Prescribed Texts Content book and related materials are provided prior to the course commencing.  Most materials are also provided online.
Preliminary Reading If it is some time since your undergraduate studies in Administrative Law, refresh your knowledge of general principles, using one of the several general administrative law texts.
Indicative Reading List Reading lists are available through the course homepage in WebCT.
Technology Requirements This course makes extensive use of online technology for accessing resources, activities and assessment.  It is in your best interests to ensure you have a secure computer, preferably at home, where you can access all on-line information without restriction or difficulty.

If you intend using IT supplied by your employer, please be aware that you are likely to experience difficulties accessing key on-line resources due to firewall and security restrictions.

The computer you intend to use should meet the following minimum specifications.

Hardware

  • CD ROM/ DVD Player
  • Sound Card and speakers
  • Video Card
  • Modem
  • Broadband (dial-up access is not recommended) access to an Internet Service Provider (ISP)
  • Printer

Software

  • The recommended web browsers are Internet Explorer or Safari
  • Adobe Acrobat Reader (Free download)
  • Real Player (Free download)
  • Microsoft Word
WebCT relies heavily on the use of "pop ups". You will need to disable "pop up blockers" for WebCT on your internet browser and or Firewall/Anti virus software and toolbars.
Programs Graduate Diploma in Legal Practice
Other Information

When Offered and Delivery Mode:  This online 8 week course is offered twice a year in the 2nd and 3rd teaching periods.

Classification in Graduate Studies Select:  Specialist. In addition an elective in the GDLP program, can be used as part of the articulation into the LLM and LLM (in practice) programs.

Academic Contact Stefanie Janiec, Lecturer, Legal Workshop, ANU College of Law.

The information published on the Study at ANU 2009 website applies to the 2009 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2008 website.

Updated:   13 Nov 2015 / Responsible Officer:   The Registrar / Page Contact:   Student Business Solutions