Law of Royal Commission/Public Inquiries

Subject LAWS70037 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

March, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

This subject will be taught with the assistance of others highly qualified in this field, including The Hon. John Winneke QC, Neil Young QC, Douglas Meagher QC and Judge Paul Lacava QC.

Principal topics will include:

  • Introduction to public inquiries
  • Appointment and composition (including constitutional constraints)
  • Supply of information
  • Power to compel
  • Limits on the power to compel, including public interest immunity (formerly described as ‘Crown privilege’), privilege against self-incrimination and privileges of parliament
  • Application of rules of administrative law, including procedural fairness and judicial review
  • Legal representation and assistance
  • Contempt
  • Reopening of completed inquiries
  • Reform.
Objectives:

A student who has successfully completed this subject should:

  • Have a grasp of the principles of law that govern the establishment and conduct of the two most important kinds of public inquiries – royal commissions and parliamentary inquiries
  • Understand the role played by the main forms of public inquiries in the Australian system of government and administration (including the need, in that regard, to balance the conflicting considerations of the right of the public to know about matters affecting their government, the right to privacy and the cost of such inquiries to the public in terms of expenditure and resources)
  • Understand the increasing relevance of administrative and constitutional law in relation to the conduct of public inquiries, including the advantages and disadvantages of judicial review in safeguarding the rights of individuals
  • Understand the difference between the adversarial and inquisitorial methods of inquiry
  • Understand and make recommendations for the reform of the law governing public inquiries
  • Be aware of, and able to assess, the relevance of the experience of the law of public inquiries in other comparable countries; e.g. the United Kingdom, New Zealand and Ireland.
Assessment: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

Download PDF version.