Leader: Associate Professor Pamela O'Connor

Offered

Not offered in 2008

Synopsis

(Online mode). Examination of the place of tribunals in our system, their diversity of functions, composition and powers. The roles of members and specialist members are discussed. Introduction to legal system and the principles of administrative law that relate to making and reviewing decisions under legislation. Examination of the decision-making process of tribunals, focusing on legal and ethical requirements and areas of discretionary choice. Students will compile a journal recording the outcome of each step in the process of an actual decision-planning process, getting and assessing evidence, making findings, applying law and policy, reaching decision and drafting statement of reasons.

Objectives

On completion of this unit students will have demonstrated:

1. awareness of the scope of their powers and the legal requirements for the exercise of their powers;
2. competence in interpreting the legislation under which they make decisions;
3. competence in designing a fair decision-making process that is suited to the nature of the decision and the legislative requirements;
4. the application of a structured and systematic approach to their decision-making; and
5. competence in drafting a clear and legally compliant statement of resons for decision.

Assessment

A series of practical activities which students are

required to perform using their own legislation and

working on a case or cases selected from their own

tribunal practice. All activities are submitted online

(7,500 words maximum).

Prerequisites

students must hold or have held appointments as members of an administrative board or tribunal which exercises decision-making powers under statute.