LAW7249

Fact finding in administrative proceedings ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Dr Peter Johnston

Offered:
City Term 1 2006 (On-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.

Objectives: By completing this subject students will have demonstrated the ability to: (1) consider how an adjudicator's fact-finding procedures are shaped and constrained by the administrative context, particular statutory requirements and the rules of natural justice: (2) select appropriately from a variety of means by which administrative adjudicators may inform themselves about the facts of a case; (3) select and practise appropriate techniques for testing the credibility of witnesses and the cogency of evidence; (4) draw appropriately upon the rationale of the rules of Evidence and the principles of Administrative Law for guidance in resolving fact-finding issues, and (5) explain and justify their appraisal of the evidence and their findings of fact in a clear, logical and lawful manner.

Assessment: Group written hearing plan for the practicum 30% + 2. Case study analysis (group or individual activity) - 30% + Written assignment: 40% (Total words for all assessment no more than 7,000)

Contact Hours: 2 hours per week