The course is designed to familiarise students with some of the contemporary challenges facing the Australian system of Administrative Law, and to permit them to engage in a scholarly and reflective analysis of the issues involved in cases and issues which are coming before the courts. To best suit the needs of the student body, cases and issues will be examined both from a theoretical and practical dimension.

The nature of this course means that the course outline will generally not be fully settled before each semester, in order to leave some space for significant issues or cases which arise just prior to or during the teaching period. Nevertheless, certain topics will need to be covered to supplement the foundation course. Topics from which sessions will be selected include:

• Jurisdictional error
• Administrative law theory
• New trends in accountability in an administrative state
• The role of privative clauses and other means of removing or limiting the jurisdiction of courts and tribunals
• Commercialisation, privatisation and outsourcing of government functions;
• Damages as an administrative law remedy
• The status of international law principles and conventions in Australian administrative law
• Controlling administrative decision-making-alternatives to external review: internal review; codes of conduct; service charters
• The interaction of administrative law and human rights and anti-discrimination principles
• Investigative bodies, including Ombudsman and Parliamentary Commissioners and their place in administrative law
• Protection of privacy in the public and private sector
• Executive power and administrative law
• E-Government and its impact on administrative law
• Issues in relation to tribunals such as evidence, modes of inquiry, structure of tribunal system, tribunal independence.

The assessment for this course is designed to give students an opportunity to do a reflective essay on one of the major areas of the course, while encouraging engagement with other topics by requiring a short more practical piece on two other topics and a class presentation on a further topic. The class presentation will also foster the development of presentational skills.

Three hours per week.

Administrative Law LAWS2201.
Completed or completing five LAWS courses at 1000 level.

Please refer to LAWS2262 course home page

The course will be conducted, class size permitting, in an interactive seminar format. Students will be expected to play an active part in class discussions.