Administrative law 300
Professor E Campbell
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.
Assessment Written research assignment (3000 words): 30%
* Final
examination (3.5 hours): 70%
Texts
Administrative law: Cases and materials latest edn, Faculty of Law, Monash University
Administrative Appeals Tribunal Act 1975 (Cth)
Administrative Decisions (Judicial Review) Act 1977 (Cth)
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