JURD7160 Administrative Law
JURD7160 Overview
- UNSW Sydney
- Term 3, 2026
- Postgraduate law
- In-person final examination
JURD7160 Administrative Law at UNSW Sydney examines how law structures and supervises executive decision-making. The course begins with administrative justice and the institutions of Australian administrative law, then distinguishes merits review from judicial review.
- Assessment Class Participation, Mid-Term Research Paper and Final Invigilated Examination
- Core method Move from statutory authority to ground, consequence and remedy
- Practice focus Apply fictional legislation to original administrative decision scenarios
How JURD7160 is assessed
| Component | Weight | Format |
|---|---|---|
| Class Participation | 10% | Individual, ongoing participation in seminars and online discussions |
| Mid-Term Research Paper | 40% | Individual research paper, 2,000 words; current due details are published in the course materials |
| Final Invigilated Examination | 50% | Individual, written and in person; problem-based judicial review scenario using fictional legislation |
What JURD7160 covers
JURD7160 begins with administrative justice and merits review, then develops judicial review from jurisdiction and standing through limits of power, procedural fairness, discretion, unreasonableness, jurisdictional error, remedies and statutory restrictions.
Foundations and Administrative Justice
Public power, delegated legislation, accountability and administrative values02Merits Review Jurisdiction and Method
Reviewable decisions, standing, fresh evidence, policy and tribunal outcomes03Judicial Review Jurisdiction
Statutory and supervisory routes, decisions, conduct and failures04Standing and Reasons
Applicant connection, access to review and diagnostic reasons05Limits of Power, Facts and Delegation
Statutory boundaries, jurisdictional facts and authorised decision-makers06Procedural Fairness: The Hearing Rule
Notice, adverse material, meaningful response and practical injustice07Bias and Impartial Decision-Making
Actual bias, apprehended bias and the logical connection08Purpose and Relevant Considerations
Authorised ends, mandatory matters and prohibited inputs09Fettering Discretion
Dictation, policy, individual merits and genuine choice10Unreasonableness and Irrationality
Intelligible justification, reasoning defects and the merits boundary11Jurisdictional Error
Statutory limits, legal error, materiality and consequence12Judicial Review Remedies
Quashing, restraint, compulsion, declarations and discretion13Statutory Restrictions on Review
Privative, no-invalidity and non-compellable provisionsIts main arc develops the judicial-review problem method: establish jurisdiction and standing, identify the source and limits of power, analyse procedural fairness and bias, test purpose, considerations and fettering of discretion, assess legal unreasonableness, determine whether jurisdictional error and materiality are required, confront statutory restrictions and select a remedy.
The current assessment structure combines Class Participation, a Mid-Term Research Paper and a Final Invigilated Examination. The final is described as a written, in-person, problem-based assessment using fictional legislation. This guide responds with original scenarios that teach statutory reading, issue selection, counterargument and calibrated conclusions without reproducing proprietary assessment stems.
Classify an administrative law problem before choosing a ground
- 2Identify the Director, statutory suspension power, current-report condition and express response procedure.
- 2Explain why an unfinished report may not satisfy the statutory condition and why the missing notice raises the hearing rule.
- 2Identify what the holder could have submitted, connect the errors to consequence, and seek relief that returns the matter for lawful reconsideration.
Key terms
- Administrative decision
- An exercise of public authority that applies legislation, delegated legislation or policy to a concrete matter.
- Merits review
- Reconsideration of an administrative decision to reach the correct or preferable outcome within the reviewing body's statutory jurisdiction.
- Judicial review
- Court supervision of whether public power was exercised lawfully rather than a rehearing of the preferred merits.
- Standing
- The legally sufficient connection an applicant needs to invoke a review jurisdiction.
- Procedural fairness
- The duty to use a fair decision-making process, including a meaningful hearing and impartial decision-maker where applicable.
- Jurisdictional fact
- A fact whose existence conditions the availability of statutory power, as determined by construction of the legislation.
- Improper purpose
- Use of a statutory power to pursue an end the legislation does not authorise.
- Fettering discretion
- Failure to exercise an entrusted choice because another person dictated the result or policy was applied inflexibly.
- Jurisdictional error
- A legal error that crosses a limit on administrative authority and carries the consequences recognised by the governing law.
- Privative clause
- A statutory provision that seeks to restrict review or challenge of administrative decisions and must be construed in its constitutional setting.
JURD7160 FAQ
What is the difference between merits review and judicial review?
Merits review reconsiders the decision within a statutory tribunal pathway and may use current material to reach the correct or preferable outcome. Judicial review asks whether the administrator acted lawfully. A court ordinarily does not replace the administrative choice simply because another outcome seems better.
How should I structure an administrative law problem answer?
Start with the court's jurisdiction, the challenged decision or conduct and the applicant's standing. Then analyse each ground from the statutory text and decisive facts, address jurisdictional error or materiality where required, confront any restriction clause, and match the remedy to the legal problem.
How are procedural fairness and bias related?
Both protect lawful decision-making, but they ask different questions. The hearing rule concerns notice and a meaningful chance to respond. Bias concerns whether the decision-maker was or might reasonably appear unable to bring an impartial mind to the task.
Does every legal error become jurisdictional error?
No. The classification depends on the statute, the duty or limit breached and the applicable doctrine, including materiality where required. An answer must identify the boundary on authority and explain why the particular error crossed it.
How do I choose a judicial review remedy?
Ask what practical legal change is needed. Quashing relief addresses an operative decision, preventive relief restrains threatened unlawful action, mandatory relief can compel performance of a public duty, and a declaration can clarify a real legal controversy. Jurisdiction and discretion still matter.
What is the best way to prepare for the final examination?
Practise reading short fictional statutes and mapping every significant fact to authority, procedure, discretion, consequence or remedy. Write integrated answers under time, then audit whether each paragraph contains statutory text, application, a counterargument and a calibrated conclusion.
How to study for the exam
Study JURD7160 as a connected decision chain. Build a one-page jurisdiction and standing map first. For each ground, record the statutory question it asks, the facts that usually matter, the strongest lawful counterargument and the consequence if established. Practise with original fictional legislation, because the current final format is problem-based.
After writing, underline the statutory anchor, circle the decisive fact and box the remedy sentence. Keep merits review distinct from judicial review, and never let a persuasive ground substitute for jurisdiction, materiality or an appropriate order. Use the current Moodle instructions for operational exam details rather than inferring them from past materials.
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