LAW3100

Administrative law 300

Mr B Dyer

0 points - Three 1-hour lectures and one 1-hour tutorial per week - Full-year subject - Clayton

Objectives Students who have completed this subject should (1) have an appreciation of the factors which have contributed to the development of administrative law and of the range of persons and bodies whose activities are controlled by that body of law; (2) have acquired an understanding of the different roles played by courts of law, administrative appeals tribunals, ombudsmen, parliaments and their committees in review and oversight of administrative action; (3) be able to recognise administrative law issues in a wide variety of statutory contexts, to understand the principles involved and to know how to apply them; and (4) be able to find and apply source materials which are relevant to particular tasks.

Synopsis The subject deals with the legal framework of government administration in Australia; the sources of the legal powers and duties of the administrative agencies of government; the nature of those powers and duties and legal principles which control and regulate their exercise. Emphasis is placed on the systems which have been developed for review of the actions of administrative agencies, at the suit of individuals and corporations aggrieved by those actions. These systems are the judicial review systems, administrative appeals systems and ombudsmen systems. Attention is given to the nature and purposes of the various review systems, the relationships between them and the forms of redress they provide. Reference is made to legislation which has been enacted to promote openness in government administration. In 1999 all LAW3100 (Administrative law 300) students will undertake Legal research and methods unit 3. This unit will reinforce legal research skills taught in LAW1100 (Legal process) and LAW3400 (Property 300). It will comprise one lecture and two one-hour hands-on tutorials in the computer laboratory. Students will be required to hand in a research strategy report associated with the research paper.

Assessment Written research assignment (3000 words): 30% - Final examination (3.5 hours): 70%

Texts

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Administrative Law Act 1978 (Vic.)
Allars M Australian administrative law: Cases and materials Butterworths, 1997
The Monash guide to law online Butterworths, 1998
Nemes and Coss Effective legal research Butterworths, 1998

Back to the 1999 Law Handbook