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Royal Commissions and Public Inquiries (LAWS70037)
Graduate coursework level 7Points: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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Royal commissions and other forms of public inquiries are used by all governments. Inquiries such as the Royal Commission into Institutional Responses to Child Sex Abuse, the Hayne Banking Royal Commission and the Covid-19 Hotel Quarantine Inquiry are a frequent response by government to a major issue or event. Most Australian governments also have standing bodies with inquisitorial powers. The Federal Government has a variety of standing commissions, such as the Australian Crime Commission and the Australian Securities and Investments Commission (ASIC). Nearly every state now has a corruption commission, and several have crime commissions and police integrity bodies, all with coercive investigative powers. Coronial inquests occur in every state and territory. Lawyers advising clients affected by these inquiries require a detailed knowledge of their procedural rules, administrative and constitutional law, procedural fairness, common law privileges and other rights.
This subject is designed to equip students to deal with such inquiries at any level, whether in government departments, the private bars, working as solicitors or in corporate law offices, or as legal advisers to corporations.
Principal topics include:
- Introduction to public inquiries
- Appointment and composition
- Supply of information
- Power to compel
- Limits on the power to compel, including public interest immunity, privilege against self-incrimination and privileges of parliament
- Application of administrative law, including procedural fairness and judicial review
- The role of counsel assisting
- Legal representation and assistance
- Contempt
- Reopening of completed inquiries
- Reform.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a grasp of the laws that govern the establishment and conduct of all forms of public inquiries, in particular royal commissions
- Understand the role played by the main forms of public inquiries in the Australian system of government and administration
- Understand the difference between the adversarial and inquisitorial methods of inquiry
- Understand the relevance of administrative and constitutional law in relation to the conduct of public inquiries, including the advantages and disadvantages of judicial review in safeguarding the rights of individuals
- Understand the case for reform of the law governing public inquiries
- Be aware of, and able to assess, the relevance of the experience of the law of public inquiries in other comparable countries.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant's educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 10% |
Assessment 2: One class presentation | 10% | |
Assessment 3, Option 1: Take-home examination
| 10 - 13 December | 80% |
Assessment 3, Option 2: Research paper on a topic approved by the subject coordinator
| 2 February 2022 | 80% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2021
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
This subject will be taught with the assistance of others with experience in public inquiries.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Government Law Course Master of Laws Course Master of Public and International Law Course Graduate Diploma in Legal Studies - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022