Law and Public Administration (LAWS90119)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
October
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This subject will address a selection of the most significant and cutting edge issues in the law governing public administration. Importantly the subject will take a contextual approach, placing administrative law principles in the context of the administrative processes they are designed to regulate, and considering the role of law in the design and working of government administration. It will seek to consider cutting edge issues in administrative law not only through the lens of legal analysis but also from the perspective of public officials, who are the addressees of and must work with administrative law principles. The subject will focus on the law of Australia and other common law jurisdictions.

The subject is divided into three parts. Part one, on decision-making, will address the distinction and interrelationship between discretion and rules, including the use and legal status of government policy and official guidance; administrative procedures, including in terms of e-governance; and the place of good governance values in government rule-making, including values of transparency, accountability and participation. Part two, on judicial-executive relations, will consider government strike-back against judicial decisions, both in the context of judicial review and public authority liability, and the interplay between judicial review and government resource allocation. Part three, on ‘new principles, new challenges’, will critically examine and chart the implications for public administration of emergent doctrines such as proportionality, legitimate expectations and duties of consultation.

The subject will be of interest to lawyers with interests in public law, and of especial interest to lawyers working in or who advise government, and to anyone with an interest in how law frames and operates within public administration.

Indicative list of principal topics:

  • Administrative decision-making
    • Administrative discretion and rules, with a case study on the use and legal status of administrative policy and guidance
    • Administrative decision-making procedures and the role of legal norms
    • Government rule-making and good governance values including transparency, accountability and participation
  • Judicial-government relations
    • Government responses to judicial decisions and the impact of judicial decisions on public administration, with cases studies in judicial review and government liability
    • Judicial review and government resource allocation
  • New principles, new challenges
    • Emergent doctrines and their implications for public administration, with case studies on proportionality, legitimate expectations and duties of consultation.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of the role of law in the design and working of public administration, including recent developments
  • Be able to critically examine, analyse, interpret and assess the effectiveness of laws, institutions and practices in the field of public administration
  • Be an engaged participant in debates on the law, institutions and practices of public administration in the Australian and other common law legal systems
  • Have a sophisticated appreciation of the factors and processes that drive change in the law governing, and practices of public administration
  • Have a sophisticated understanding of the interrelationship between law and public administration
  • Be aware, at an advanced level, of the impacts of law and judicial decisions on public administration, and of government responses to judicial decisions
  • Have the cognitive and technical skills to generate critical and creative ideas relating to the legal framework of public administration and to critically evaluate existing theories, principles and practices
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging questions in relation to the legal framework of public administration
  • Have the communication skills to clearly articulate and convey complex information regarding the subject to relevant specialist and non-specialist audiences.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

A general understanding of administrative law is recommended, as this subject will build on it at an advanced level.

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.  

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Option 1: Take-home examination

  • 5000-6000 words
28 November - 1 December 2025100%

Option 2: Research paper on a topic approved by the subject coordinator

  • 8000-10000 words
17 December 2025100%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/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: 4 March 2025

Quotas apply to this subject

Dates & times

  • October
    Principal coordinatorJason Varuhas
    CoordinatorRichard Rawlings
    Mode of deliveryOn Campus (Parkville)
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date17 September 2025
    Pre teaching requirementsPlease refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period15 October 2025 to 21 October 2025
    Last self-enrol date22 September 2025
    Census date17 October 2025
    Last date to withdraw without fail28 November 2025
    Assessment period ends 9 January 2026

    October contact information

    Teaching staff:

    Jason Varuhas (Subject Coordinator)
    Richard Rawlings

    For current student enquiries, contact the Law School Academic Support Office 

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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.  

Last updated: 4 March 2025

Further information

Last updated: 4 March 2025