The Law of Public Contracting (LAWS90151)
Graduate courseworkPoints: 12.5Not available in 2025
About this subject
Overview
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Contemporary governments use contracts as a key tool of governance. Outsourcing of public services is commonplace. But should we regulate the use of such tools by means of public administrative law, or through private law, or a mixture of both? Is there an accountability deficit? What are the advantages and risks of contracting out, and how can and should the law respond?
Professor Janet McLean brings both public law and private law perspectives to bear on the subject of public contracting drawing on Australian, New Zealand and United Kingdom examples.
Principal topics include:
- The distinctive normative bases of private and private law and their implications for government contracts
- The decision to outsource
- The reach of judicial review, freedom of information and human rights law, and financial reporting rules, into the realm of contract law
- Implied terms, procedural requirements and interpretative methods in contract law
- Procurement rules and other internal government guidance
- Public private financing initiatives and other examples of government contracting
- The auditor-general and the role of private auditors.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have gained a sophisticated understanding of government contracting in its theory and practice
- Demonstrate an ability to articulate, analyse and explore whether and how the different normative commitments of public and private law can be reconciled in their application to government contracts
- Have gained specialised knowledge of the legal doctrines and practices which currently apply to government contracts in Australia, United Kingdom and New Zealand including recent developments in the field
- Be able critically to examine, analyse, interpret and assess the effectiveness of these legal rules against case studies
- Have an advanced and specialised understanding of the factors driving government contracting and the tensions they create.
Last updated: 4 March 2025
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Research paper on topic approved by the subject coordinator
| 12 February 2020 | 90% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
Not available in 2025
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 come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of 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.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Construction Law Course Graduate Diploma in Construction Law Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in Laws Course Master of Public and International Law - 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required prior to enrolment, or for further information about the pre-requisites for Community Access Program study, please contact us:
- prospective CAP student enquiries;
- existing CAP student enquiries (if you have a current Unimelb login).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025