UWA Handbook 2024

Unit Overview

Description

Over recent decades there has been growth in government and an increasing diversification and complexity in government service provision. There has also been, for the most part, a concomitant rise in the number (and reach) of accountability agencies, so much so that some commentators now talk of the emergence of a fourth branch of government, the ‘integrity branch', to sit alongside of the executive, legislature and judiciary. These accountability agencies have responsibility for overseeing, investigating and educating the public sector in relation to matters such as corruption, misconduct, good decision making, and avoiding conflicts of interest. Such agencies play a vital role. Governments make decisions on a daily basis that directly shape many aspects of individual and corporate existence. With such regulation comes the need for transparency, responsibility and accountability. In the words of former Commonwealth Ombudsman Professor John McMillan, "In short, the power of government is pervasive, and accountability is an indispensable check on how that power is exercised."

Credit

6 points

Offering

Availability	Location	Mode
Not available in 2024	UWA (Perth)	Face to face

Outcomes

Students are able to (1) understand the 'integrity' framework of government and the role of relevant agencies—particularly mechanisms relating to government accountability, transparency, integrity and review, and arrangements in place for the prevention of maladministration, inefficient and ineffective policy design and delivery, and corruption; (2) understand the historical, political and social context for the development of the contemporary accountability framework; (3) explain the various models of government accountability and critically assess the effectiveness, costs and benefits of these models; (4) apply the law and theory learned to a range of case scenarios and explore possibilities for further development and reform of government accountability mechanisms; and (5) effectively locate and use key resources in the relevant areas of administrative law, including particularly the 'new' administrative law and the law underpinning government accountability.

Assessment

Indicative assessments in this unit are as follows: (1) participation; (2) literature review; and (3) assignment. Further information is available in the unit outline.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)

Adjunct Professor Simon Young and Adjunct Professor Chris Field (WA Ombudsman)

Unit rules

Prerequisites

for Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering
and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
or LAWS4109 Legal Theory and Ethics)

Advisable prior study

LAWS5102 Administrative Law

Approved quota: 60—first come first serve

Creyke, R &
McMillan, J 2015,
Control of
Government
Action: Text,
Cases and
Commentary, 4th
edn, LexisNexis
Butterworths,
Chatswood, New
South Wales (or
later edition).

Bannister J,
Appleby, G,
Olijnyk, A &
Howe, J 2014,
Government
Accountability:
Australian
Administrative
Law, Cambridge
University Press,
Port Melbourne,
Victoria (or
later
edition).                

Groves, M (ed)
2014, Modern
Administrative
Law in Australia:
Concepts and
Context,
Cambridge
University Press,
Port Melbourne,
Victoria.

Lane, WB &
Young, S 2007,
Administrative
law in Australia,
Thomson Reuters,
Sydney, New South
Wales (or later
edition).

Douglas,
R. and Head,
M. Douglas
and Jones's
Administrative
Law, 7th
edn: Federation
Press 2014 (or
later edition)