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Administrative Law Practice
What is Administrative law practice?
Administrative law matters can arise in any area of legal practice. They may involve a decision made under legislation or in breach of natural justice.
There are two sources of administrative law review in Australia:
- one system deriving from the common law and leading only to a judicial review, and
- the other system being a legislative review system of administrative decisions made under an enactment, enabling persons affected by these decisions to apply for a merits review or a judicial review.
In this subject, you will consider the legislative review system and how that system works in practice. You will focus on the practical aspects of conducting a file, not just on the law.
At the end of this subject, you will be able to demonstrate competence at the level of an entry level lawyer in the following elements of administrative law practice:
- identifying whether an administrative decision can be reviewed
- identifying and interpreting the legislation under which the decision was made
- concluding which review process will be the most appropriate
- advising the client about the alternative means of obtaining a review
- identifying whether freedom of information legislation applies to the client’s situation and what steps are needed to obtain the information
- preparing a matter for review, and
- representing a client effectively at a review hearing.
Tasks and Activities
You will complete two tasks in this subject based on a fact situation that an entry level lawyer is likely to face in practice. Each task has associated activities.
To assist your learning, you have online resources such as readings and interactive case studies. You also have a hard copy of the College’s Practice Papers, which are also available online and in eBook format.
The course calendar sets out the milestones for you to meet and guides you through the subject. However, other than meeting dates for submission of work and assessments, you can progress through the learning resources and tasks at your own pace and where it suits you.
Your lecturer is your mentor and will give you individual guidance. Your lecturer will also give you feedback, and coach you to achieve the required level of competence.
To be eligible for assessment you must complete each task to a competent standard as determined by your lecturer.
The final assessment in the subject will be an oral assessment that will include:
- submissions in the hearing of an administrative law matter
- reflection on your learning in the subject
- review of the tasks you have submitted, and
- questions arising from the learning materials.
Your performance in the oral assessment will be graded.