LLH206 Administrative Law


To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.


Unit Outline: Semester 2 2024, Gardens Point, Internal

Unit code:LLH206
Credit points:12
Pre-requisite:(LLB203 and LLH201) or LWB242
Anti-requisite:LWB335
Coordinator:Elizabeth O'Connor | e20.oconnor@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

This unit examines the manner in which the executive branch of government is legally accountable, particularly in its dealings with individuals. The unit builds on key principles studied in LLB203 Constitutional Law concerning the structure and operation of our federal system of government, in order to focus on judicial and extra-judicial means of reviewing administrative action. An understanding of administrative law is required for admission into legal practice in Australia.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Critically analyse and apply relevant legal principles of administrative law and propose solutions to problems involving law, facts and policy (CLOs 1.1, 2.1)
  2. Critically evaluate administrative law as a mechanism of accountability of government, taking into account Aboriginal and Torres Strait Islander perspectives and changing social contexts (CLOs 1.2, 1.3, 1.4, 2.3)
  3. Use appropriate legal research methodologies to identify and evaluate relevant sources (CLOs 3.1, 3.2, 3.3)
  4. Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)

Content

The content of this unit includes:

  • Organisation and structure of the administration and introductory principles of administrative law
  • Administrative law theory
  • Common law and statutory avenues of judicial review in Federal and State jurisdictions
  • standing in public interest litigation
  • the grounds of judicial review
  • remedies - common law and statutory judicial review
  • freedom of information/right to information legislation in Federal and State jurisdictions
  • the doctrine of Crown immunity
  • the Administrative Appeals Tribunal - the system of merits review
  • the role of the Ombudsman in Federal and State jurisdictions
  • Aboriginal and Torres Strait Islander perspectives in relation to Administrative Law
  • the impact of technology and digital practices on government decision-making
  • the role of administrative law in environmental and climate litigation  

The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’).

This unit covers all of the topics within the core areas of knowledge for Administrative Law.

Learning Approaches

This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.

Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include:

  • Engagement in live lectures
  • Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
  • Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
  • Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
  • Access to a wide range of resources designed to promote collaboration to assist you to work in teams to resolve complex problems
  • Discussions in live tutorials
  • Collaborative problem-solving in live tutorials.

Engagement and participation in live learning will develop your abilities in critical thinking and judgement commenced in earlier units. You will consult primary and secondary sources, learning to select appropriate methodologies for the resolution of a legal problem. The need to cultivate creative thinking and adapting knowledge to new contexts will also be practised. In planning and producing a research paper you will develop your project management skills. Skills in written communication will also be fostered.

The unit will expose you to social perspectives on law, including Indigenous and sustainability perspectives, and you will further develop ethical sensibilities. 

Feedback on Learning and Assessment

Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:

  • the discussions in live tutorials 
  • online materials
  • the individual feedback provided on assessments with the completed Criterion Referenced Assessment form and specific comments on your assignment
  • generic feedback posted on the unit's learning management system for each item of assessment
  • examples of past student assessment, and
  • the option of consultation with a member of the teaching team.

Assessment

Overview

In this unit students are graded on a scale of one to seven.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Critical Research Paper

Acting as a government policy officer, you will prepare a written critical analysis of a key issue in administrative law that requires the application of research, critical analysis and writing skills.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 50
Length: Word limit: 2500 words.
Individual/Group: Individual
Due (indicative): Week 9
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Examination (theory)

An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.

 

Weight: 50
Individual/Group: Individual
Due (indicative): Central Examination Period
Central exam duration: 3:10 - Including 10 minute perusal
Related Unit learning outcomes: 1, 2, 3

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Robyn Creyke, Matthew Groves, John McMillan and Mark Smyth, Control of Government Action: Text, Cases and Commentary (LexisNexis, 6th ed, 2022)

Recommended text(s)

Haydn Rigby, Administrative Law Principles (Lawbook, 2024)

Risk Assessment Statement

There are no unusual risks in this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  2. Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  3. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  4. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  5. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  6. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Critical Research Paper
  7. Selecting and applying appropriate research methods
    Relates to: ULO3, Critical Research Paper
  8. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Critical Research Paper
  9. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Critical Research Paper

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  2. Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  3. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  4. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  5. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  6. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  7. Selecting and applying appropriate research methods
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  8. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  9. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Critical Research Paper

LW38 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  2. Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  3. The impact of technology on key areas of law and legal work
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  4. The role of law in achieving sustainable futures
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  5. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  6. Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  7. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  8. Selecting and applying appropriate research methods
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  9. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  10. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Critical Research Paper

LW39 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  2. Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  3. The impact of technology on key areas of law and legal work
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  4. The role of law in achieving sustainable futures 
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  5. Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
    Relates to: ULO1, Critical Research Paper, Examination (theory)
  6. Applying critical perspectives, including theoretical, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO2, Critical Research Paper, Examination (theory)
  7. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  8. Selecting and applying appropriate research methods
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  9. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Critical Research Paper, Examination (theory)
  10. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Critical Research Paper