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Fact finding in administrative proceedings (6 points)


Leader: Associate Professor Sue McNicol (with Felicity Hampel SC)

City First semester 2003 (Off-campus)
City First semester 2004 (Off-campus)

Synopsis: Objectives of administrative and judicial adjudication; relevance of curial methods and evidentiary rules in administrative contexts; how natural justice and other Administrative Law principles constrain and mould administrative fact-finding processes; natural justice implications of recent legislative trends;oral hearings, assess competency of witnesses, question witnesses (including witnesses with particular mental and intellectual disabilities), work with interpreters, test a witness's credit, interpret witness's words and demeanour, probe and test evidence, draw appropriate inferences of fact, evaluate expert evidence, assess conflicting evidence, explain and justify findings of fact.

Assessment: Written assignment or essay on the theoritical component, with the option of a case study analysis of a statement of reasons and finding of fact - 50% . A practical assessment of the practical questioning and hearing component - 50% (Total words for all assessment no more than 6000)

Contact Hours: Intensive

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