The aim of the unit is to develop a critical perspective upon the accountability of government decision-makers. The unit examines theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law. Part 1 of the unit examines the concept of administrative discretion, alternative theories of the rule of law, human rights, ethics and managerialism. Part 2 of the unit is concerned with the accountability of the executive branch of government. It includes analysis of separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure. Part 3 of the unit examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making. Part 4 examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation. Part 5 examines the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.

This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Health Law; Master of Labour Law and Relations as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.

The aim of the unit is to provide an understanding of the role of government policy within the analytical framework of welfare economics. Questions of central interest include: What are the conditions that justify government intervention? How can policies be designed to support basic principles of social justice? What kinds of reforms promote economic efficiency? Applications will range from taxation and social security to environmental regulation and protection, and will cover the following specific topics: The structure of the Australian tax-benefit system; Uncertainty and social insurance; Unemployment, health and retirement income insurance; Externalities, environmental taxes and tradeable permits; Monopoly and environmental regulation; Utility pricing and access problems; Cost benefit analysis, intergenerational equity and growth. The unit will provide an overview of the main empirical methodologies used in evaluating policy reforms in these areas. Students may select to specialise in one or more of the policy areas.

This unit will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review will be explored. The unit will also discuss the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days will be focused on the instructor's lectures while two remaining days on students' presentations.

The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.

This unit examines government regulation of health care and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.

This unit provides a specialised and thematic account of judicial review as one means for making the executive branch of government accountable. It aims to develop an understanding of trends reflected in principles relating to justiciability, standing to seek review, excess of power and abuse of power, and procedural fairness. A critical evaluation of the policy choices which account for development of common law principles is encouraged. The procedures and remedial powers available under statutes which reform the procedure for gaining judicial review are examined, with judicial and administrative procedure compared. A consistent theme is the development of a critical appreciation of the proper relationship between the judicial and executive branches of government.

The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.

Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia¿s experience of direct refugee flows has been limited it has not escaped the phenomenon of mobile refugees Noncitizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or refoule a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection It begins with an overview of the evolution of refugee law at the international level considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term refugee under international and regional law the express exclusion of certain persons from refugee status the rights and obligations accorded to refugees the broadening of international protection through principles of human rights and humanitarian law complementary protection and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions interdiction transit processing centres detention and safe third countries to which asylum seekers may be removed. Contemporary protection concerns such as mass influx situations and temporary protection flight from generalized violence and civil war internal displacement burden-sharing and the question of economic migrants and environmental refugees are also addressed. These considerations necessarily require an understanding of the role of international organizations such as UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers refugees and other persons in need of protection.

This unit acts as a general introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. It also aims to provide a gateway for further study in more specialized areas of regulation. Please note that this unit does not focus on a specific area of regulation and does not cover financial services regulation or economic regulation more generally. While available to students in the Master of Health Law program, it does not focus on healthcare regulation.

This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.

The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia’s National Electricity Market and national water trading markets as well as the corporatisation and privatisation of energy and water utilities provide fascinating examples of this.

This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.

This unit provides an introduction to public health law. It begins by asking the question ‘What is public health law’? It explores the historical concerns and conceptual focus of public health law and how they have evolved over time. Next the unit reviews a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia’s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.

This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available to eligible students in special circumstances, and with the approval of the relevant Program Director.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available to eligible students in special circumstances, and with the approval of the relevant Program Director.

Please refer to LAWS6182 Independent Research Project A.

This unit examines the challenges of modern representative government. Comparing models of democratic politics, we assess the continuing relevance of political institutions, such as parliaments and parties, and consider political processes, citizen disengagement and new forms of participation.

This unit examines the environment as a political and policy issue. Although relatively recent, the environment has become a full-fledged public policy issue exerting influence in local, national and international arenas. The unit will first focus on the specific features of the policy that influences the capability of contemporary societies to enhance the management of environmental resources and of public goods in general. Second, it discusses the development of environmental policy in Western countries, with a particular emphasis on the European Union. Third, a grid for the analysis of environmental policy will be presented, with a discussion of the main actors (political, institutional and socio-economic) involved in it and of the factors (interests and ideas) influencing their positions. Fourth, the unit briefly discusses environmental conflicts and consensual approaches used for tackling them.

It is widely believed that we are entering a new era in which the transborder flows of capital, goods, ideas, and people are rapidly transforming human society. 'Globalisation', many claim, threatens the autonomy of nation-states and erodes the power of national governments to provide social protection and promote the nation's economic prosperity. This unit examines not only the causes and mechanisms of this process, but also assesses its social, economic, and political impacts. The views of radicals, transformationalists, skeptics, and institutionalists are compared and criticised. While globalisation is often viewed as a singular process, trending towards a global society, this unit offers a distinctive approach. Globalisation has uneven and highly differentiated impacts, whether harmful or beneficial, and this unevenness is closely associated with the nature of institutions of governance, at both the domestic and international levels.

This unit of study will examine a current national or international public policy process, issue or sector. It will deal with contemporary themes and issues in terms of ground level policies, as well as wider conceptual frameworks to help explain them.

This unit outlines some of the most important developments in contemporary public management and governance and how these relate to the everyday practices of those working in the public sector. It uses examples drawn from a number of OECD countries to: critically analyse the forces that have driven the move towards 'public management'; examine the theory and practice of 'public governance'; evaluate the merits of these developments; and apply this knowledge to better understand specific developments across different contexts.

Much recent attention has focused on preventing corruption and improving ethics in public sector organisations around the world. This unit equips students to identify and analyse different forms of corruption and ethical failure, and to reflect critically on the best ways of combatting corruption and enhancing ethics in the public sector. The unit takes a comparative approach to these issues.

This unit focuses on the nature of public policy and the processes by which it is produced. Relevant issues are common to all nation states, although they take specific forms in each individual country. First, the unit takes an overview of public policy - dealing with basic themes such as 'What is policy?' through to different approaches to understanding the policy process. These include policy cycles, rationality, interest groups, institutions, and socio-economic interests. Second, it maps out and examines the main components of public policy making: actors, institutions and policy instruments. Third, it focuses on aspects of policy-making processes which often attract a high level of attention from analysts. These include problem definition, agenda setting, decision-taking, policy implementation, policy evaluation and crisis policy-making. Fourth, it examines wider issues in terms of the state and who ultimately holds power over the making and shaping of public policy. Finally, it examines the 'bigger pictures' of long term policy trends, and the extent to which national policy making capacities and processes have been affected by globalisation. Assessments offer a large element of flexibility, allowing students to concentrate on areas of particular interest.

There is a well-established scholarship and governmental interest in both the impact of globalisation on social policy and the emergence of what is increasingly termed 'global social policy' which is a direct response to global social problems. It is a field that is growing in the areas of social policy and social work research and practice and can be clearly linked to increased employment opportunities for social workers and social policy graduates in the international/global arena. A key perspective of this unit of study is from non-government organisations' participation in the development of a global civil society and their contribution to global social policy. It also examines the United Nations Millennium Development Goals and how NGOs have contributed to both the ambitions of the goals as well as the outcomes for different countries. This unit provides opportunities for students to deepen their understanding and knowledge of core global concerns such as poverty, health, education, environment, NGO corporate engagement and gender equality and make links to the vital role of NGOs in these areas.

This unit aims to provide students with a sound understanding of the key institutional components of the Australian welfare system and the key issues and debates associated with the theory and practice of contemporary social policy. The target audience for this unit includes participants from a diverse range of organisations involved in human service provision. All human service work takes place in the context of social policy: social policy provides the mandate and the resources for human service work, and the activities of workers are extensively defined and shaped by social policy. In turn, human service workers are increasingly involved in the shaping of policy, or policy action. The rationale for this unit is to provide an opportunity for students to develop an advanced understanding of social policy frameworks in order to inform policy action.

This unit will provide an analysis of theories and practices of citizenship rights in Australia, other Anglophone countries and European countries in the 20th and 21st centuries. It will examine the relationships between different modes of citizenship, claims for rights and the formation of social movements with regard to the women's movement, Indigenous movements (where applicable) and movements concerned with migration, ethnic diversity and multiculturalism. Analyses will focus on the processes, content and outcomes of social movement advocacy.

The unit provides a comparative analysis of welfare state development. It discusses how to meaningfully compare different welfare states and their social programmes. As a defining characteristic of welfare states, our primary focus is on the state's involvement in welfare services and benefits. Starting from there, we also explore various ways of `doing social policy' across different parts of the world and discuss the sort of socioeconomic outcomes they produce. Comparative research provides a useful venue to investigate the relationship between the institutional design of the welfare state and its size and how this relationship changes over time under the changing structural conditions.

This unit explores a series of issues of controversy and debate in social theory. These include debates over: the information age; new information and communication technologies; the new capitalism and changing work practices; the cultural sphere; new forms of power and surveillance; shifting claims to insight in knowledge societies; the role of education in social inequality; the bases of making knowledge claims; and globalisation. The unit involves both face-to-face seminars and online discussions.