Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is concerned with the legal accountability of bodies wielding public power or discharging public functions to ensure that people's rights and interests are respected in their dealings with governments and their delegates or agents. Public power encompasses administrative, judicial and legislative power, and this course is primarily concerned with accountability for the exercise of administrative (executive) power in a range of settings.
OVERVIEW: Administrative law is concerned with the legal accountability of bodies wielding public power/discharging public functions and ensuring that people's rights and interests are respected in their dealings with governments and their delegates or agents. Public power encompasses administrative, judicial and legislative power, and this course is primarily concerned with accountability for the exercise of administrative (executive) power in a range of settings: for example, in respect of matters of life and death (refugee protection), national security, people's health and well-being (social security and child protection), professional and business regulation, environmental protection, education, and taxation.
SYLLABUS: The course will be delivered in a lecture/2 hour seminar format. There will be 10ﾠseminars across the semester.ﾠ
Lectures will begin in week 1, and seminars commence in week 2 of semester. For the first 4 weeks of the semester, lectures will be for 2 hours per week. There will be no lectures in weeks 5-7.ﾠ Weekly lectures will resume in week 8 of semester for 1 hour per week. Lectures will be recorded to assist your revision. In-person attendance at lectures is encouraged. Seminars will be weekly although there will be no seminars (to provide additional time to complete the mid-semester assessment task) in week 7 (ie the week beginning 7 April) and week 8 (ie the week beginning 14 April).
The first form of assessment will beﾠan essay that is worth 40% of the overall marks. It will require students to demonstrate their understanding of material coveredﾠin seminars 1-5 of the course and the related lectures.ﾠ
The second form of assessment will be an end-of-semester examination (worth 60%) which will focus, largely, on lectures in the second half of the course andﾠthe final five seminar topics (seminars 6-10): Judicial (Legality) Review Grounds (3)ﾠand Human Rights; Access to Justice (1-2); Remedies; and Automated Decision-Making. There will be some overlap with material covered in earlier topics but the main focus will be on the final five seminar topics and related lectures.
The Dr MHM Kidwai Memorial Prize:ﾠThe student with the highest overall marks in their first attempt at LAWS3701 will be recommended for this prize.
Course requirements
Assumed background
It is assumed that students will have studied Principles of Public Law and Constitutional Law.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1703
Recommended companion or co-requisite courses
We recommend completing the following courses at the same time:
LAWS3700
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS2115 or LAWS5018
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
Seminars will not be recorded as this would undermine the learning process that the seminars have been designed to encourage.
Aims and outcomes
Teaching Mission Statement
The mission of the TC BeirneﾠSchool of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
- To assist studentsﾠin gaining knowledge andﾠunderstanding ofﾠthe basic institutions/actors, principles, policies, values and theoriesﾠof Administrative Law, andﾠthe broader constitutional/framework within which Administrative Law is situated.
- To guide students in identifying and defining legal problems, conveying legal arguments effectively (orally or in writing) and appreciating the wider contexts (socio-politico-economic).
- To facilitate the acquisition of the necessary skills, understanding and critical awareness in order to address problem-based questions and discursive essay questions effectively.
- To assist students' development asﾠautonomous,ﾠreflective and creative thinkers.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Identify, explain and evaluate the different ways in which bodies exercising public power are held legally accountable;
LO2.
Understand and critically explain how Administrative Law relates to Constitutional Law and Human Rights Law;
LO3.
Appreciate the differences between 'merits review' (often exercised by administrative tribunals) and judicial review (via the courts) where the 'legality' of decision-making is examined;
LO4.
Identify, explain and apply relevant legal rules and principles of judicial review - in particular, the grounds for judicial review, jurisdiction to review and remedies;
LO5.
Be critically aware of historical and contemporary problems/controversies within the discipline (including automated decision-making); and
LO6.
Undertake independent legal research relevant to the discipline.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique |
Principles of Government Accountability
|
40% |
17/04/2025 2:00 pm
The assessment task will be released on Thursday 27 March 2025 at 2pm and is due on Thursday 17 April 2025 at 2pm. |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 7/06/2025 - 21/06/2025 |
Assessment details
Principles of Government Accountability
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
17/04/2025 2:00 pm
The assessment task will be released on Thursday 27 March 2025 at 2pm and is due on Thursday 17 April 2025 at 2pm.
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
The essay will principally assess some of the topics covered in the first five seminar topics. The essay should be 2,000 words maximum. This is a mandatory word limit (it is not advisory). In cases where the Course Coordinator considers that a student may derive an unfair advantage over other students by exceeding the word limit the Course Coordinator will not assess material in excess of the prescribed essay word limit. The word limit includes headings but does not include footnotes or endnotes. Footnotes/endnotes must only be used for citation of legal materials. You are not required to provide a bibliography. Any substantive legal analysis/critical discussion in footnotes will not be read and will not contribute to your mark.
Individual work:
The essay must be the individual student’s own work. In between the release date and the due date and time, a student is not to collaborate with any other person in relation to the essay question. Students may consult with the course co-ordinator if clarification is thought necessary. The Course Coordinator may circulate clarifications to the entire class if necessary or appropriate. All essays will be checked for plagiarism via Turnitin software.
Extensions:
Students have been given 21 days to complete the essay. This timing is designed to accommodate other work and study commitments and students will not need the full amount of time to complete the assessment effectively. Applications for extensions must be lodged with the Law School Office in accordance with the instructions in the Extension Availability section.
This task has been designed to be challenging, authentic and complex. Whilst students may use Artificial Intelligence (AI) and/or Machine Translation (MT) technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct Policy.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
Essays must be submitted electronically in Microsoft Word format via the online assessment submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to the assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
7/06/2025 - 21/06/2025
- Learning outcomes
- L02, L04, L05
Task description
Any written or printed material is permitted in the exam; it may also be annotated.
The exam will require you to answer several questions, some of which may be problem-style questions, and some of which may be essay-style. You will have some choice in the questions that you answer.
The exam will focus primarily on material covered in seminars 6-10 (and the related lectures). (Students will be expected to retain knowledge of the material covered earlier in the course, and may draw on it where relevant when answering questions on the end-of-semester exam. However, the topics covered in seminars 1-5 will not be directly examined by the end-of-semester examination.)
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
Further references to specialist works and articles, as well as relevant cases, will be given during classes.ﾠ
INTERNET REFERENCES
Most federal administrative law material is available on the internet.ﾠSome useful URL’s are:
- The Administrative Review Council:ﾠﾠhttps://www.ag.gov.au/legal-system/administrative-law/administrative-review-council
- The Australian Institute of Administrative Law:ﾠ http://www.aial.org.au/.ﾠ [The most recent volumes of the Institute’s publication (the AIAL Forum) are available electronically via the Library’s catalogue.]
COMMONWEALTH LEGISLATIONﾠ
- ART ACT:ﾠhttps://www.legislation.gov.au/C2024A00040/latest/text
- AD(JR) ACT:ﾠﾠhttps://www.legislation.gov.au/C2004A01697/latest/text
- JUDICIARY ACT 1903:ﾠhttps://www.legislation.gov.au/C1903A00006/latest/text
- FEDERAL COURT RULES:ﾠhttps://www.legislation.gov.au/F2011L01551/latest/versions
- ACTS INTERPRETATION ACT 1901:ﾠhttps://www.legislation.gov.au/C1901A00002/latest/text
QUEENSLAND LEGISLATIONﾠ
- QCAT ACT:ﾠhttps://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2009-023
- JUDICIAL REVIEW ACT 1991:ﾠhttps://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1991-100
- HUMAN RIGHTS ACT 2019:ﾠhttps://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2019-005
- ATTORNEY-GENERAL ACT 1999:ﾠ https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1999-001
- ACTS INTERPRETATION ACT 1954:ﾠhttps://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1954-003
- UNIFORM CIVIL PROCEDURE RULES 1999:ﾠ https://www.legislation.qld.gov.au/view/pdf/inforce/current/sl-1999-0111
Most relevant Federal Court and all relevant High Court decisions are available on the internet and can be found using AustLII’sﾠsearch engine:ﾠﾠ
http://www.austlii.edu.au/forms/search1.html
Selected Queensland decisions are also available via the AustLII site.
High Court, Federal Court and Supreme Court decisions are available in PDF format on the LexisNexis AU (Australian Law Reports series) and Westlaw (Commonwealth Law Reports and Federal Court Reports) websites which are accessible via the Library’s Databases site.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (24 Feb - 02 Mar) |
Lecture |
Government Accountability & Administrative Law We will explore the meaning and different forms of government accountability, the meaning and purpose of administrative justice and administrative law, and the assorted institutions that promote administrative justice and uphold principles of administrative law. This lecture will also provide an introduction to how the federal system of checks and balances enshrined in the Constitution (separation of powers) frames and informs administrative law. We will also explore how the rule of law, an animating principle of our Constitution, is promoted by administrative law. Learning outcomes: L01, L02 |
Week 2 (03 Mar - 09 Mar) |
Lecture |
"Merits Review" and "Legality Review" We will consider the nature and functioning of administrative tribunals that are at the sharp end of delivering administrative justice to individuals challenging government decisions through "merits review". This lecture will also provide an introduction to legality review and the grounds of review. Learning outcomes: L01, L03 |
Seminar |
SEMINAR 1 GOVERNMENT ACCOUNTABILITY AND INTEGRITY, AND THE CONCEPT OF ADMINISTRATIVE JUSTICE Learning outcomes: L01, L02 |
|
Week 3 (10 Mar - 16 Mar) |
Lecture |
Judicial Review Part 1 We will begin our in-depth consideration of judicial review with procedural fairness: fair hearing principles and the rules governing actual and apprehended bias. The lecture will also provide an introduction to the 'simple' ultra vires grounds of judicial review. Learning outcomes: L01, L04 |
Seminar |
SEMINAR 2 ADMINISTRATIVE LAW IN CONSTITUTIONAL CONTEXT Learning outcomes: L01, L02 |
|
Week 4 (17 Mar - 23 Mar) |
Lecture |
Judicial Review Part 2 This lecture will provide an introduction to the 'extended' ultra vires grounds of judicial review. We will also consider whether and to what extent administrative law can promote and protect human rights, and we will also consider human rights-based review under Queensland's Human Rights Act 2019. Learning outcomes: L01, L04 |
Seminar |
SEMINAR 3 MERITS REVIEW Learning outcomes: L01, L03 |
|
Week 5 (24 Mar - 30 Mar) |
Seminar |
SEMINAR 4 PRINCIPLES OF NATURAL JUSTICE (PROCEDURAL FAIRNESS) Learning outcomes: L01, L04 |
Week 6 (31 Mar - 06 Apr) |
Seminar |
SEMINAR 5 PROCEDURAL ULTRA VIRES AND OTHER FORMS OF (SIMPLE) ULTRA VIRES Learning outcomes: L04, L05 |
Week 8 (14 Apr - 20 Apr) |
Lecture |
Access to Justice Part 1: Jurisdiction to Review Access to Justice: This lecture will examine the meaning of "decisions" "administrative character" and "under an enactment" as jurisdictional requirements for judicial review under the ADJR Act and Part 3 of the JR Act. Learning outcomes: L01, L04, L05 |
Week 9 (28 Apr - 04 May) |
Lecture |
Access to Justice Part 2: Standing Requirements This lecture will explore who can seek judicial review over government action with an examination of statutory "standing" provisions and common law/equitable principles. Learning outcomes: L01, L04, L05 |
Seminar |
SEMINAR 6 JR GROUNDS CONTINUED: ILLEGALITY, UNREASONABLENESS AND BREACH OF HUMAN RIGHTS Learning outcomes: L04, L05 |
|
Week 10 (05 May - 11 May) |
Lecture |
Reasons/Time limits/Exclusions We will examine rights to reasons under the ADJR Act and Part 4 of the JR Act. Attention will then turn to time limits for review, exclusions from review (including ouster or privative clauses) and some other technical aspects of the ADJR Act and the JR Act such as the powers of the courts to grant stays, summarily dismiss an application for judicial review, and make orders as to costs. Learning outcomes: L04, L05 |
Seminar |
SEMINAR 7 PRECONDITIONS FOR JUDICIAL REVIEW UNDER THE FEDERAL ADJR ACT AND THE QUEENSLAND JR ACT PART 3 Learning outcomes: L04, L05 |
|
Week 11 (12 May - 18 May) |
Lecture |
Remedies Consideration of the writs of Prohibition, Certiorari and Mandamus and their statutory equivalents in Queensland. Analysis of the use of declaratory and injunctive relief as a means of seeking to review the legality of government decisions. Learning outcomes: L04, L05 |
Seminar |
SEMINAR 8 STANDING TO SEEK LEGALITY REVIEW Learning outcomes: L04, L05 |
|
Week 12 (19 May - 25 May) |
Lecture |
Review of Remedies and Access to Justice Issues This lecture will allow us to step back and see how the various issues covered in the second half of the course fit together. We will also discuss the format of the final exam, and strategies for approaching it. Learning outcomes: L04, L05 |
Seminar |
SEMINAR 9 REASONS FOR DECISIONS, EXCLUSION OF LEGALITY REVIEW, AND TIME LIMITS TO SEEK LEGALITY REVIEW Learning outcomes: L04, L05 |
|
Week 13 (26 May - 01 Jun) |
Lecture |
Revision lecture In this final lecture, we will recap much of the course, and especially the material covered in the second half of the course, by stepping through a detailed problem scenario. This exercise will also provide an opportunity for students refine their exam-writing skills by considering how they would respond to problem-based final exam questions. Learning outcomes: L04, L05 |
Seminar |
SEMINAR 10 REMEDIES SEMINAR Learning outcomes: L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: