Dr Judith Bannister (coordinator)
Telephone: 8313 34578 (work)
email: judith.bannister@adelaide.edu.au

Paul Leadbeter
Telephone: 8313 34441 (work)
email: paul.leadbeter@adelaide.edu.au

 

Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge.  This course is designed to complete students’ understandings of the following Priestley Topics for Administrative law:

Note the following topics will be covered by students in the subjects Principles of Public law and Constitutional law

Topic 1: Organisation and Structure of the Administration,

Topic 2: Administrative Law Theory,

Topic 6: Crown Immunity, and

Topic 9: Freedom of Information.

 

Students who complete this course should:

1) understand the basic principles which govern review of administrative action by courts and tribunals;
2) have developed the cognitive skills to analyse, evaluate and synthesise information about community attitudes and political interests, to critically analyse Australian administrative law;
3) have developed an awareness and appreciation of the political & constitutional context of administrative law and the development of administrative law, and judicial review in particular, in response to those contexts;
4) be able to think critically about administrative law and policy
5) be able to resolve factual problems in administrative law using the knowledge developed in this course;
6) be able to intelligently discuss and debate administrative law and its application to basic administrative law problems.
7) be able to interpret statutes while problem solving
8) be able to write clearly and concisely about administrative law; and
9) be able to learn about administrative law both independently and cooperatively in a professional environment.

Judith Bannister, Gabrielle Appleby and Anna Olijnyk, Government Accountability; Australian Administrative Law (Cambridge University Press, 2015).

You will be expected to be familiar with the details of relevant legislation, in particular the Administrative Decisions (Judicial Review) Act 1977 (Cth); Judiciary Act 1903 (Cth) and the Administrative Appeals Tribunal Act 1975 (Cth). You can access these statutes free in CommLaw (via the Law Library web page).

Lecture and Seminar Readings and Seminar Questions will be available free of charge from the Image and Copy Centre and posted on MyUni.

The leading text in Administrative Law is Mark Aronson and Matthew Groves, Judicial Review of Administrative Action, (Thomson Reuters, 5th ed, 2012). This is an excellent work and, although it does not cover the entire course, it usefully supplements the prescribed materials with a more detailed theoretical treatment of the complexities of judicial review.  Students are well advised to consult this text throughout the year.

We encourage you to explore for yourself the large and growing administrative law literature. Two Australian journals particularly devoted to administrative law are the Public Law Review and the Australian Journal of Administrative Law, though generalist journals such as the Federal Law Review frequently contain relevant articles. The United Kingdom journal Public Law is also valuable. There are also many relevant collections of essays and government reports, which are in the library. Particular mention should be made of the publications of the Australian Institute of Administrative Law (AIAL). This organization publishes the AIAL Forum 3-4 times annually, containing a range of articles on administrative law issues. The AIAL also holds an annual national administrative law conference, the proceedings of which it also publishes. These volumes, which contain another valuable reference source, are held on reserve in the Law Library. They can also be obtained from the AIAL website at: aial.org.au

MyUni will be used to post announcements, post additional lecture materials (including slides) and announce assignment tasks. It will also contain electronic copies of the Course Information, Lecture and Seminar Guides, and Course Materials and a Question and Answer forum.

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

Course Website:  https://myuni.adelaide.edu.au/webapps/login/

Lectures supported by problem-solving seminars developing material covered in lectures. Technology permitting, all lectures except week 12 (which is a student directed Q&A session) will be recorded and posted on MyUni. Recording of seminars is not permitted because students should be free to participate without concerns about being recorded.

Seminars are a critical component of your learning in this course.  The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies. Most importantly, if you choose not to attend seminars, you will miss out on a good deal of the course material.

This course will also have a virtual lecture option. If you enrol in the virtual lecture, you will be able to access all lectures week by week via MyUni. Further announcements will be made about when you can access virtual lecture recordings.

Contact time: attend 2 hours lectures plus 1 hour seminar each week.  This amounts to 36 hours of formal class time across the semester.

Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.  The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies. 

Week	Lectures	Seminars
[1]	Introduction to Administrative Law; Administrative decision-making powers and discretions Providing reasons Statutory Interpretation	Seminar No 1 Administrative decision making - make a decision and give your reasons
[2]	Merits Review Commonwealth and South Australia	Seminar No 2 Commonwealth Merits review
[3]	Errors of law and fact distinguished	Seminar No 3 South Australian Merits review
[4]	Introduction to Judicial review Jurisdictional error Common Law and AD(JR) Act Justiciability Standing	Seminar No 4 Identifying errors of law and fact
[5]	Grounds of judicial review Procedural fairness Hearing rule and bias	Seminar No 5 How to approach a judicial review problem Introduction to judicial review
[6]	Grounds of judicial review Acting beyond the scope of a power	Seminar No 6 Grounds of review – Procedural fairness
[7]	Grounds of judicial review Improper exercise of power	Seminar No 7 Various grounds of review
[8 ]	Consequences of unlawful action Remedies	Seminar No 8 Various grounds of review
	MID-SEMESTER BREAK
[9]	Public Holiday	Seminar No 9 Privative clauses Remedies
[10]	Delegated Legislation	Seminar No 10 Delegated Legislation
[11]	Assignment feedback / exam revision	Seminar No 11 Revision - exam preparation
Swot vac	Student directed Q&A  (note this will not be recorded)	Seminar No 12 Revision - exam preparation

There are no additional requirements for completion of this course other than described elsewhere in this document.

Assessment	% of final mark	Dates	Length	Redeemable
Problem Question OR Research Essay (optional)	35 %	Due: 2pm Monday, 5th September 2016	2000 words	Yes
Exam (compulsory)	65% or 100%	Exam Period semester 2	2 hours + 10 minutes reading time	No

 

1. Optional Assignment 35%

This will involve a choice between either:

a) a single problem-style question, raising issues covered in lectures and seminars weeks 1 – 6. Answers must not exceed 2000 words in length (footnotes and headings are not included in the word count)

OR

b) a research essay. Answers must not exceed 2000 words in length (footnotes and headings are not included in the word count)

Assignment problem or questions will be available on Myuni on course website in week 3

The assignment mark IS redeemable. That means that if you submit the assignment, but do better on the final exam, only your final exam mark will count towards 100% of your overall result. Otherwise, the assignment for 35% of your overall mark, and the final exam 65%.

2. COMPULSORY Final Exam 65% or 100%

There will be a 2 hour exam (with an additional 10 minutes reading time). The examination will consist of two compulsory questions. Students must answer both.

Grade descriptors
Marks and grades will be generally be awarded as follows:

Clear fail: 0–45 Inadequate understanding of the relevant legal principles, and a failure to identify most of the important issues raised by the question. May or may not also be characterised by an inability to construct legal arguments, and/or by inadequate structure, expression or citation practices.

Narrow fail: 45–49 Adequate understanding of the relevant legal principles, but let down by a failure to identify most of the important issues raised by the question. May or may not also be characterised by an inability to construct legal arguments, and/or by inadequate structure, expression or citation practices.

Pass: 50–64 Adequate understanding of the relevant legal principles, most (but not all) of the important issues raised by the question identified, and at least a basic capacity to construct legal arguments. At least adequate structure, expression and citation practices.

Credit: 65–74 Adequate to good understanding of the relevant legal principles, all or nearly all of the important issues raised by the question identified, and at least a reasonable capacity to construct legal arguments. Adequate to good structure, expression and citation practices.

Distinction: 75–84 Good to very good understanding of the relevant legal principles, all or nearly all of the important issues raised by the question identified, and well constructed legal arguments. Good to very good structure, expression and citation practices.

High Distinction: 85 + Very good understanding of the relevant legal principles, all of the important issues raised by the question identified, and well constructed legal arguments. Very good structure, expression and citation practices.

Assignment:

The assignment must be submitted in electronic form through Turnitin on MyUni.

Students must retain a copy of the assignment submitted. 

All references must be appropriately cited in footnotes, in order to acknowledge sources, and avoid plagiarism.

Students should ensure that when citing material they comply with the Australian Guide to Legal Citation. A 5% penalty will be applied for failure to comply with the AGLC.

Students must indicate the word count of each essay on the front cover of their assignment sheet. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is seriously misstated, this may be regarded as academic dishonesty.

Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated excluding cover page information. Quotations are included in the word count.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

Lex Salus Program

Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

Counselling Service

The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.