|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Grading basis :||Graded|
|Course fee schedule :||https://www.unisq.edu.au/current-students/administration/fees/fee-schedules|
|Version produced :||28 January 2023|
This is a core course in the Juris Doctor program. It has a national focus, but specifically is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the administrative law area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld). It deals with core elements of administrative law, including: organisation and structure of the administration; administrative law theory; common law and statutory avenues of judicial review at Commonwealth and State level; grounds of judicial review; remedies; crown immunity; Administrative Appeals Tribunal; statutory review and freedom of information.
Government agencies and officials constantly make decisions that affect us. Administrative law is the body of law that defines the responsibilities of these decision-makers (ensuring amongst other things that powers are not exceeded and correct processes are followed). It also provides avenues of challenge for aggrieved persons and bodies.
Administrative law is the second major component of domestic 'public law' (the law governing the exercise of public power). Prior study in constitutional law focused principally on the validity of legislation. Administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.
The course first focuses on the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant questions of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the core non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.
|Semester 2, 2022||Online|