5269 (v.8) Law (Public Administrative) 576

Area:

School of Business Law

Credits:

25.0

Contact Hours:

3.0

Individual Study:

1 x 3 Hours Weekly

Prerequisite(s):

5934 (v.4) Legal Environment 560 or any previous version

Syllabus:

The Australian Constitution and the separation of governmental powers. Judicial review of delegated legislation. Judicial review of administrative action at common law and under statute. The Ombudsman. Freedom of information. The Administrative Appeals Tribunal.

Unit Outcomes:

On successful completion of the unit students will have- Explained the doctrine of the separation of powers. Described how delegated legislation is made and the processes, both parliamentary and judicial, by which the validity of delegated legislation can be challenged. Explained and applied common law principles of review of administrative action. Described the origins and powers of the office of Ombudsman. Explained the operated of the Freedom of Information statutes at both commonwealth and State levels. Explained the operation of, and principles underpinning, the Administrative Appeals Tribunal Compare and contrast judicial review of administrative action at common law and under the Administrative Decisions (Judicial Review) Act 1977.

Texts and references listed below are for your information only and current as of September 30, 2003. Some units taught offshore are modified at selected locations. Please check with the unit coordinator for up-to-date information and approved offshore variations to unit information before finalising study and textbook purchases.

Unit References:

Allars, M. (1990). Introduction to Australian Administrative Law. Sydney, Butterworths. Allars, M. (1997). Australian Administrative Law: Cases and Materials. Sydney, Butterworths. Ardagh, A. (1997). Administrative Law. (third edition). Sydney, Butterworths. Aronson, M. and Dyer, B. (1996). Judicial Review of Administrative Action. Sydney, Law Book Company. Douglas, Roger and Jones, M. (1996). Administrative Law: Commentary and Materials. (second edition). Sydney, The Federation Press. Enright, C. (1985). Judicial Review of Administrative Action. Sydney, Branxton Press. Flick, G. (1984). Natural Justice: Principles and Practical Application. (second edition). Sydney, Butterworths. Hotop, S. (1995). Cases and Materials on Review of Administrative Action. (third edition). Sydney, Law Book Company. Hotop, S. (1985). Principles of Australian Administrative Law. (sixth edition). Sydney, Law Book Company. Sykes, E., Lanham, D. and Tracey, R., (1989). General Principles of Administrative Law. (third edition). Sydney, Butterworths. Tomasic, Roman & Fleming, Don 1991, Australian Administrative Law, Law Book Co, Sydney.

Unit Texts:

Katzen, H. and Douglas, R. (1999). Administrative Law: Butterworths Tutorial Series. Sydney, Butterworths.

Unit Assessment Breakdown:

Assignment 1 20%, Assignment 2 20%, Final Examination 60%. This is by grade/mark assessment.

Field of Education:

90900 Law (Narrow Grouping)

HECS Band (if applicable):

Extent to which this unit or thesis utilises online information:

Informational

Result Type:

Grade/Mark

Availability

Availability Information has not been provided by the respective School or Area. Prospective students should contact the School or Area listed above for further information.

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