Course Outline

LAW401 Administrative Law

Course Coordinator:Ashley Pearson (apearson@usc.edu.au) School:School of Law and Society

2024Semester 1

UniSC Sunshine Coast

Blended learning Most of your course is on campus but you may be able to do some components of this course online.

Please go to usc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.

What is this course about?

Description

The course examines various legal means by which people may hold the executive arm of government accountable for actions which affect them by challenging the legality of actions, the merits of decisions, the fairness of processes, or by seeking access to information held by government. You will study the procedures and grounds for judicial review of governmental action, tribunal-based merits review of governmental decisions, and the operation of freedom of information legislation.

How will this course be delivered?

Activity Hours Beginning Week Frequency
Blended learning
Learning materials – Online learning materials - 1.5 hours per week, weeks 1-13. 1.5hrs Week 1 13 times
Tutorial/Workshop 1 – On campus tutorial - 2 hours in weeks 1-13. 2hrs Week 1 13 times

Course Topics

Access to Information

Merits Review

Judicial Review (Standing)

Judicial Review (Grounds of Review)

Remedies and Reasons

Crown Immunity

Privative Clauses

What level is this course?

400 Level (Graduate)

Demonstrating coherence and breadth or depth of knowledge and skills. Independent application of knowledge and skills in unfamiliar contexts. Meeting professional requirements and AQF descriptors for the degree. May require pre-requisites where discipline specific introductory or developing knowledge or skills is necessary. Normally undertaken in the third or fourth full-time study year of an undergraduate program.

What is the unit value of this course?

12 units

How does this course contribute to my learning?

Course Learning Outcomes On successful completion of this course, you should be able to... Graduate Qualities Completing these tasks successfully will contribute to you becoming...
1 Identify and articulate legal issues Knowledgeable
Empowered
2 Apply knowledge and legal reasoning to interpret and evaluate legislation and judicial reasoning Knowledgeable
Empowered
3 Research, evaluate and synthesise relevant legal and policy matters Knowledgeable
Creative and critical thinker
Engaged
4 Demonstrate legal reasoning and professional judgement to generate appropriate responses to legal issues Creative and critical thinker
Empowered
5 Communicate effectively, appropriately and persuasively Empowered

Am I eligible to enrol in this course?

Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.

Pre-requisites

LAW301 and enrolled in any Law Program

Co-requisites

Not applicable

Anti-requisites

Not applicable

Specific assumed prior knowledge and skills (where applicable)

Not applicable

How am I going to be assessed?

Grading Scale

Standard Grading (GRD)

High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).

Details of early feedback on progress

To assist you in undertaking Task 1, you will develop relevant knowledge and obtain feedback through participation in your Week 2 and 3 tutorials.

Assessment tasks

Delivery mode Task No. Assessment Product Individual or Group Weighting % What is the duration / length? When should I submit? Where should I submit it?
All 1 Activity Participation Individual 10%
2 Hour Tutorials
Throughout teaching period (refer to Format) In Class
All 2 Oral and Written Piece Individual 40%
Prescribed for individual elements on Canvas, but no more than 2000 words in total.
Throughout teaching period (refer to Format) Online Assignment Submission with plagiarism check
All 3 Examination - Centrally Scheduled Individual 50%
3 Hours
Exam Period Online Assignment Submission with plagiarism check
All - Assessment Task 1:Tutorial Participation
Goal:
The goal of this task is to assess your ability to identify and respond to Adminstrative Law questions.
Product: Activity Participation
Format:
Oral responses to questions within the tutorial time or written responses to the tutorial activities each week if unable to attend the tutorial. Students will need to complete participation for 10 tutorials, with each tutorial being worth 1% of the mark.
Criteria:
No. Learning Outcome assessed
1
Knowledge of the relevant law
1 2 3 4
2
Effective communication
5
All - Assessment Task 2:Administrative Law Portfolio
Goal:
Create a portfolio that includes letters of legal advice, court documents, research briefs, video court appearances, etc. in response to an ongoing simulated situation that unfolds throughout the semester.
Product: Oral and Written Piece
Format:
Portfolio submission. Individual elements due throughout the semester as outlined on Canvas.
Criteria:
No. Learning Outcome assessed
1
Identification of legal issues and application of relevant knowledge
1 4
2
Demonstration of advanced statutory interpretation skills
2 4
3
Evaluation and synthesis of relevant legal and political material
3
4
Clarity of communication, including demonstration of referencing and presentation skills
5
All - Assessment Task 3:Invigilated Final Examination
Goal:
In this task, you will demonstrate your knowledge and application of Administrative Law in response to unseen exam questions.
Product: Examination - Centrally Scheduled
Format:
This assessment task is an online, open-book and invigilated exam. You will be required to attend a live Zoom session throughout the duration of the exam and need access to a working computer, a stable internet connection, and a webcam.
Criteria:
No. Learning Outcome assessed
1
Correct identification and organisation of legal issues
1
2
Accurate statement and application of principles of law appropriate to resolve issues
2 4
3
Well-reasoned interpretation of legislative provisions and case authorities
2
4
Communicate clearly, effectively and appropriately
5

Directed study hours

A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.

What resources do I need to undertake this course?

Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.

Prescribed text(s) or course reader

Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.

Required? Author Year Title Edition Publisher
Required ROBIN. CREYKE 2021 CONTROL OF GOVERNMENT ACTION TEXT, CASES AND COMMENTARY. 6th Edition Lexis Nexis

Specific requirements

Nil

How are risks managed in this course?

Health and safety risks for this course have been assessed as low. It is your responsibility to review course material, search online, discuss with lecturers and peers and understand the health and safety risks associated with your specific course of study and to familiarise yourself with the University’s general health and safety principles by reviewing the online induction training for students, and following the instructions of the University staff.

What administrative information is relevant to this course?

Assessment: Academic Integrity

Academic integrity is the ethical standard of university participation.  It ensures that students graduate as a result of proving they are competent in their discipline.  This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.

Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person.  You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.

In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin.  This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.

Assessment: Additional Requirements

Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:

The final mark is in the percentage range 47% to 49.4%
The course is graded using the Standard Grading scale
You have not failed an assessment task in the course due to academic misconduct.

Assessment: Submission penalties

Late submission of assessment tasks may be penalised at the following maximum rate: 
- 5% (of the assessment task's identified value) per day for the first two days from the date identified as the due date for the assessment task. 
- 10% (of the assessment task's identified value) for the third day - 20% (of the assessment task's identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. 
- A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.

SafeUSC

UniSC is committed to a culture of respect and providing a safe and supportive environment for all members of our community. For immediate assistance on campus contact SafeUSC by phone: 07 5430 1168 or using the SafeZone app. For general enquires contact the SafeUSC team by phone 07 5456 3864 or email safe@usc.edu.au.

The SafeUSC Specialist Service is a Student Wellbeing service that provides free and confidential support to students who may have experienced or observed behaviour that could cause fear, offence or trauma. To contact the service call 07 5430 1226 or email studentwellbeing@usc.edu.au.

Study help

For help with course-specific advice, for example what information to include in your assessment, you should first contact your tutor, then your course coordinator, if needed.

If you require additional assistance, the Learning Advisers are trained professionals who are ready to help you develop a wide range of academic skills. Visit the Learning Advisers web page for more information, or contact Student Central for further assistance: +61 7 5430 2890 or studentcentral@usc.edu.au.

Wellbeing Services

Student Wellbeing provide free and confidential counselling on a wide range of personal, academic, social and psychological matters, to foster positive mental health and wellbeing for your academic success.

To book a confidential appointment go to Student Hub, email studentwellbeing@usc.edu.au or call 07 5430 1226.

AccessAbility Services

Ability Advisers ensure equal access to all aspects of university life. If your studies are affected by a disability, learning disorder mental health issue, injury or illness, or you are a primary carer for someone with a disability or who is considered frail and aged, AccessAbility Services can provide access to appropriate reasonable adjustments and practical advice about the support and facilities available to you throughout the University.

To book a confidential appointment go to Student Hub, email AccessAbility@usc.edu.au or call 07 5430 2890.

Links to relevant University policy and procedures

For more information on Academic Learning & Teaching categories including:

  • Assessment: Courses and Coursework Programs
  • Review of Assessment and Final Grades
  • Supplementary Assessment
  • Administration of Central Examinations
  • Deferred Examinations
  • Student Academic Misconduct
  • Students with a Disability

For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

UniSC is committed to excellence in teaching, research and engagement in an environment that is inclusive, inspiring, safe and respectful. The Student Charter sets out what students can expect from the University, and what in turn is expected of students, to achieve these outcomes.

General Enquiries

  • In person:
    • UniSC Sunshine Coast - Student Central, Ground Floor, Building C, 90 Sippy Downs Drive, Sippy Downs
    • UniSC Moreton Bay - Service Centre, Ground Floor, Foundation Building, Gympie Road, Petrie
    • UniSC SouthBank - Student Central, Building A4 (SW1), 52 Merivale Street, South Brisbane
    • UniSC Gympie - Student Central, 71 Cartwright Road, Gympie
    • UniSC Fraser Coast - Student Central, Student Central, Building A, 161 Old Maryborough Rd, Hervey Bay
    • UniSC Caboolture - Student Central, Level 1 Building J, Cnr Manley and Tallon Street, Caboolture
  • Tel:+61 7 5430 2890
  • Email:studentcentral@usc.edu.au