Year
2019
Units
4.5
Contact
1 x 10-hour on-line exercises weekly
Prerequisites
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
2 ^ LLAW9601 - The Australian Legal System
Must Satisfy: (1 and 2)
Assessment
Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises
Topic description
This topic will examine principles of judicial review of administrative action, including the Administrative Decisions Judicial Review Act 1977 (Cth) and the relevant SA Rules of Court; standing; reviewability; grounds of review and remedies. It will also cover legislation such as the Administrative Appeals Tribunal Act 1975 (Cth); Freedom of Information Act 1982 (Cth); Ombudsman Act 1976(Cth) and State equivalents where applicable. The Privacy Acts and Whistleblower Legislation will also be considered.
Educational aims
This topic aims to:

  • provide students with knowledge and understanding of the principles of administrative law, judicial review and merits review;

  • provide students with knowledge and understanding of the legislative framework in the area of administrative law;

  • allow students to apply these principles and formulate and evaluate solutions to complex problems;

  • enhance students’ understanding and application of statutory interpretation principles.
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of the principles of administrative law, judicial review and merits review in both State and Federal jurisdictions.

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of administrative law.

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of administrative law.

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of administrative law;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

  6. in the context of administrative law. Demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.