Determination of Degrees, Diplomas and Certificates 2017-1

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L00227 In force Legislative Instrument

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Explanatory Statement

 

Determination of Degrees, Diplomas and Certificates No. 2017-1

 

Australian Film, Television and Radio School Act 1973

 

Section 4 of the Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School).

 

Section 5 of the Act sets out the functions of the School including:

 

(a) to provide advanced education and training by way of the development of the knowledge and skills required in connexion with the production of programs; …

(c) to conduct such seminars and courses of education or training for persons engaged, or to be engaged, directly or indirectly, in connexion with the production of programs as are approved by the Council of the School; …

(g) to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are specified in a determination under section 6A; …

 

Section 6A of the Act provides that the School may, by legislative instrument, make a determination specifying degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) of the Act.

 

Section 7 of the Act provides that the School shall be governed by a council to be known as the Council of the Australia Film, Television and Radio School (the Council) and all acts and things done in the name of, or on behalf of, the School by the Council or within the authority of the Council shall be deemed to have been done by the School.

 

Prior to 31 August 2005, the relevant degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) were prescribed in the regulations.  Regulation 4 of the Australian Film, Television and Radio School Regulations 1986 (the Regulations) specified the relevant degrees, diplomas and certificates.

 

On 31 August 2005 items 1 and 2 of Schedule 1 to the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005 amended the Act so that the degrees, diplomas and certificates would be specified in a legislative instrument.

 

Item 3 of that Schedule continued in force Regulation 4 until the first determination made under section 6A of the Act is registered under the Legislative Instruments Act 2003.

 

On 18th April 2008, the Determination of Degrees, Diplomas and Certificates 2008/1 added one new certificate to the certificates that may be awarded by the School—Graduate Certificate in Screen Design (Motion Graphics and Interactive).  It was registered on 29th April 2008.

 

On 27th June 2008, the Determination of Degrees, Diplomas and Certificates 2008/2 added three new diplomas to the diplomas that may be awarded by the School. It was registered on the 30th July 2008.

 

The Determination of Degrees, Diplomas and Certificates 2008/03 added five new graduate certificates and eleven new graduate diplomas. It was registered on the 3rd September 2008.

 

The Determination of Degrees, Diplomas and Certificates No. 2009/1 added 15 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2009/2 adds 1 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2010/1 adds 2 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2011/1 adds 12 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2012/1 adds 1 new degrees to the degrees that may be awarded by the School. 
 

The Determination of Degrees, Diplomas and Certificates No. 2012/2 adds 2 new degrees to the degrees that may be awarded by the School. 

The Determination of Degrees, Diplomas and Certificates No. 2012/3 adds 1 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2014/1 added 3 new degrees to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2014/2 added 14 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2014/3 added 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2014/4 adds 2 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2015/2 added 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2016/1 added 3 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2016/2 added 24 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

Determination No. 2017/1

The Determination of Degrees, Diplomas and Certificates No. 2017/1 adds 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Diploma in Production Accounting
 

 

The Determination takes effect on the day after it is registered on the Federal Register of Legislative Instruments.

 

The Council of the Australian Film Television and Radio School was satisfied that no consultation was required after consideration of the matters specified in Section 17 of the Legislative Instruments Act 2003 and the wider issues of personal rights. The Australian Film Television and Radio School is a self accrediting educational institution and the registering of new degrees does not impact on any other educational institution.

 

 

 

 

 

 

 

 

 

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Determination of Degrees, Diplomas and Certificates

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Australian Film, Television and Radio School (AFTRS) is a higher education provider established by the Australian Film, Television and Radio School Act 1973 (AFTRS Act).

Under section 5 (1) (g), AFTRS’ functions include “to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are specified in a determination under section 6A.”

Section 6A of the AFTRS Act provides that “the School may, by legislative instrument, make a determination specifying degrees, diplomas or certificates for the purposes of paragraph 5 (1) (g)”.

The purpose of this Legislative Instrument is to determine, under section 6A of the AFTRS Act, the new degrees, diplomas or certificates AFTRS will award, for the purposes of section 5(g) of the Australian Film, Television and Radio School Act 1973.

Human rights implications

This Legislative Instrument engages with the following human rights:

The right to education

The determination of higher education degrees, diplomas and certificates engages Article 13 of the International Covenant on Economic, Social and Cultural Rights.  Article 13 (2) (c) relevantly provides that “higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means…”

The right to take part in cultural life

The determination of higher education degrees, diplomas and certificates to be awarded by AFTRS engages Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 15 recognises the right of everyone to take part in cultural life, and states that steps to be taken to realise this right include those necessary for the development of culture. AFTRS contributes to the development of culture as it is Australia’s national screen arts and broadcast school providing industry-focused education and training for talented students, professional and organisations.

The Legislative Instrument also reflects the connection between educational and cultural human rights recognised internationally and by Australia. See, for example, the UN Committee on Economic, Social and Cultural Rights’ statements (in General Comment No 21) that the “fundamental aim of educational development is the transmission and enrichment of common cultural and moral values” and that “education is intrinsically related to culture”. 

This Legislative Instrument does not include any limitations.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Signed:

 

 

 

 

 

 

Professor Julianne Schultz AM FAHA

Chair

Council of the Australian Film, Television and Radio School

6 March 2017

 

 

 

 

 

 

 

 

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School, a higher education provider dedicated to the education and training in the screen arts and broadcast industry. The Act was passed by the Parliament of Australia to address the need for a specialised educational institution that could offer advanced education and training in the production of film, television, and radio programs. The School is governed by a council and has the function of awarding degrees, diplomas, and certificates in relation to education and training as specified in a determination under section 6A of the Act. Originally, the relevant qualifications were prescribed in regulations, but amendments made in 2005 shifted this responsibility to a legislative instrument, leading to a series of determinations specifying new degrees, diplomas, and certificates over the years. The policy objective of the Act is to facilitate the provision of industry-focused education and training, thereby contributing to the development of Australia’s screen arts and broadcast culture. This objective aligns with international human rights principles, particularly the right to education and the right to take part in cultural life, as recognised in the International Covenant on Economic, Social and Cultural Rights. The most recent legislative instrument, the Determination of Degrees, Diplomas and Certificates No. 2017-1, adds one new diploma to the qualifications awarded by the School, furthering the Act’s goal of enhancing educational offerings in the screen arts sector.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2017-1 applies to the Australian Film, Television and Radio School (AFTRS), a higher education institution established under the Australian Film, Television and Radio School Act 1973 (AFTRS Act). This legislation applies to the institution itself and its council, which is responsible for the governance and operation of AFTRS. The Act pertains specifically to the provision of advanced education and training in the field of screen arts and broadcast media, and the awarding of degrees, diplomas, and certificates related to this training. The scope of the Act is national, operating under Commonwealth law, and it specifies that AFTRS is a self-accrediting body, thus the determination of new degrees does not impact other educational institutions. The Act includes provisions for the creation of legislative instruments to specify the degrees, diplomas, and certificates that AFTRS may award, as outlined in the explanatory statement. This legislative instrument does not specify any exclusions or exemptions but does extend its application through the creation of determinations under section 6A of the AFTRS Act.

Key Provisions

The main operative sections of this legislation, specifically Section 4 of the Australian Film, Television and Radio School Act 1973 (AFTRS Act), establish the Australian Film, Television and Radio School (AFTRS) as an institution providing advanced education and training related to the production of programs. Section 5 further details the functions of AFTRS, which include conducting seminars, courses, and awarding degrees, diplomas, and certificates. Section 6A of the Act empowers the School to specify these qualifications through legislative instruments, which has been exercised through various determinations over the years. Under these sections, AFTRS is obligated to provide education and training in accordance with its established functions. The Council of AFTRS, which governs the School, must ensure that all activities align with the approved functions and qualifications outlined in the determinations. The Council is also responsible for making these determinations, which specify the degrees, diplomas, and certificates that AFTRS can award. This includes the establishment of new qualifications, as evidenced by various determinations from 2008 onwards, culminating in the Determination of Degrees, Diplomas and Certificates No. 2017/1, which specifies the latest additions to the qualifications offered. Failure to comply with the provisions of the Act and its determinations can result in various consequences. While the legislation does not explicitly outline specific offences, penalties, or consequences for breach, non-compliance with educational standards and qualifications could potentially lead to legal scrutiny or challenges. This might include oversight from educational authorities or the courts, which could mandate corrective actions to ensure compliance with the established qualifications and educational standards. The registration process under the Legislative Instruments Act 2003 ensures that these determinations are formally recognised, and any discrepancies could be subject to review and potential legal action.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.