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Law and Public Administration (LAWS90119)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
September
Lecturer
Jason Varuhas (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | September |
|---|---|
| Fees | Look up fees |
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.
Principal topics include:
- 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: 31 January 2024
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 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: 31 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 25 - 28 October 2024 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 20 November 2024 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | 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: 31 January 2024
Quotas apply to this subject
Dates & times
- September
Principal coordinator Jason Varuhas Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 7 August 2024 Pre teaching requirements Please 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 period 4 September 2024 to 10 September 2024 Last self-enrol date 12 August 2024 Census date 5 September 2024 Last date to withdraw without fail 11 October 2024 Assessment period ends 20 November 2024 September contact information
Lecturer
Jason Varuhas (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
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
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.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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-masters@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: 31 January 2024