Local Government Law - LAWS3273

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
 
 
Excluded: JURD7373
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description


This course focuses on an understanding of Local Government in New South Wales, in particular its role as a regulatory authority and consent authority. The subject will expose students to a wide range of practical issues and principal legal matters which arise both in specialised Local Government practice and day to day general legal practice. The course will demonstrate that a Council in New South Wales now a body politic is a significant corporate organisation responsible for a wide and diverse range of services to the community and discharging many functions under a wide range of legislative provisions.

Recommended Prior Knowledge


None

Course Objectives


This course aims to teach you to:
  • think critically about issues that govern Public Law generally;
  • understand the relationship between the Council and its elected representatives, its staff and the community;
  • analyse the ethical and conduct codes governing behaviour in Local Government;
  • evaluate the role of the Law in dealing with political issues at the local level;
  • appreciate the dynamic and evolving nature of this area of the Law, in particular the most recent Planning Reforms to the Environmental Planning and Assessment Act.

Main Topics


  • The concept of a Council as a corporate entity, its charter and power.
  • What Council's functions are, including service and regulatory and incidental functions.
  • Powers of the Mayor, Councillors, General Manager and a basic outline of meetings practice and Council's power to contract.
  • Fiduciary obligations, conflict of interest and code of conduct and the overlapping role of the ICAC and the Ombudsman.
  • The Planning Hierarchy under the Environmental Planning and Assessment Act.
  • Planning and Development under the EP&A Act including existing use rights.
  • The role of the Land and Environment Court of New South Wales in planning disputation and judicial review of planning decisions.

Assessment


Class participation (20% structured, 10% unstructured)

Research essay (50%)

Problem solving paper (20%)

Course Texts


Mixture of distributed materials and case notes and Guest Lecturers from serving Judges of the Land and Environment Court.

Resources


Refer to Course Outline provided by Lecturer.