Skip to main content
Unit outline_

LAWS5010: Administrative Law

Semester 1, 2021 [Normal evening] - Camperdown/Darlington, Sydney

Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5007
Corequisites
? 
LAWS5007
Prohibitions
? 
LAWS2002 or LAWS2010
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Smith, belinda.smith@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam hurdle task Final take-home exam
Written response to two equally weighted problem questions
70% Formal exam period 3 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment hurdle task Essay
Essay
30% Week 06
Due date: 12 Apr 2021 at 15:00
2000 words
Outcomes assessed: LO3 LO4 LO6 LO1 LO2 LO7
hurdle task = hurdle task ?
Type D final exam = Type D final exam ?

Assessment summary

The assessment for this course consists of an essay and a short release take home exam.

 

The essay is worth 30% of the final mark in this unit of study.  It has a maximum word limit of 2000 words.  The essay must comply with the Australian Guide to Legal Citation (4th edition, 2018).  The essay is due 12 April 2021 at 3pm AEST.

 

The take home exam is worth 70% of the final marks in this unit of study. It has a maximum word limit of 3000 words. The exam will consist of two equally weighted problem questions.  Students must answer both questions.  It is a short release take home exam which means it will be released on Canvas.  There will be a single release time for the exam (in Australian Eastern Standard Time). Students will then have half an hour reading time and then 3 hours to prepare, write and submit their answer.  Students should write their answers in a MS Word or Rich Text Format document. Submission will be through Canvas.  The submission deadline will be applied strictly.  Late submissions will not be marked. The exam will be in the end of semester formal exam period.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The submission deadline for the exam (take-home) is a strict deadline.  Exam answers received after the deadline will not be marked.  The late submission of an essay, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. 

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction; Merits review Seminar (3 hr)  
Week 02 Merits review, continued; Judicial review - jurisdiction of the courts Seminar (3 hr)  
Week 03 Judicial review: jurisdiction of the Courts, continued; Access to judicial review - standing Seminar (3 hr)  
Week 04 Judicial review of rule-making Seminar (3 hr)  
Week 05 Procedural fairness Seminar (3 hr)  
Week 06 Procedural fairness, continued Seminar (3 hr)  
Week 07 Considerations, purposes, policies and representations Seminar (3 hr)  
Week 08 Considerations etc, continued Seminar (3 hr)  
Week 09 Unreasonableness Seminar (3 hr)  
Week 10 Errors of law and fact; Jurisdictional error and invalidity Seminar (3 hr)  
Week 11 Jurisdictional error and invalidity, continued Seminar (3 hr)  
Week 12 Judicial review remedies, continued; Case study – breach of statutory duty to give reasons Seminar (3 hr)  
Week 13 Restricting judicial review; Revision Seminar (3 hr)  

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements of each unit of study.  Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator.  Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
  • Word Limits on Assessment Tasks:  The word limit for the Essay is 2000 and the Final Take-Home Exam is 3000. 
  • Word Count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof.  The total word count for the essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Late submission:  The submission deadline for the exam (take-home) is a strict deadline.  Exam answers received after the deadline will not be marked.  The late submission of an essay, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. 
  • Essay Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Required Administrative Law Readings will be placed on Canvas and hard copies will be available to purchase by ordering them from the University Copy Centre.

The prescribed text is

  • Peter Cane, Leighton McDonald and Kristen Rundle, Principles of Administrative Law (Oxford University Press, 3rd ed, 2018).

The prescribed text is available online through the library however please be aware that the licence held by the library only allows 9 people to access the text at any one time.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Understand the political and legal structures governing administrative law in Australia, including government departments and agencies, parliament and courts, and their contributions to administrative law
  • LO2. Comprehend concepts such as accountability, openness, participation, and rationality and how they inform administrative law principles
  • LO3. Understand the structures for seeking review on the merits of administrative decision-making
  • LO4. Understand the structures for judicial review of government action
  • LO5. Demonstrate the ability to apply the grounds of judicial review to hypothetical problem questions
  • LO6. Demonstrate understanding of the jurisdiction of courts and the remedies that can be granted in administrative law cases
  • LO7. Demonstrate competence in understanding how culture and identity can affect administrative decision-making and access to justice

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Changes will be made to the reading material.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.