Explanatory Statement
Determination of Degrees, Diplomas and Certificates No. 2008/1
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 was made under section 6A of the Act and registered under the Legislative Instruments Act 2003. On 23 November 2007 the Determination of Degrees, Diplomas and Certificates No. 2007/1 was made specifying the degrees, diplomas and certificates in the attachment to the Determination for the purposes of paragraph 5(1)(g) of the Act. It was registered on 27 November 2007.
Determination of Degrees, Diplomas and Certificates 2008/01 adds one new certificate to the certificates that may be awarded by the School—Graduate Certificate in Screen Design (Motion Graphics and Interactive).
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 education institution.
Overview
The Determination of Degrees, Diplomas and Certificates No. 2008/1 was enacted to specify the degrees, diplomas, and certificates that the Australian Film, Television and Radio School (the School) can award under section 6A of the Australian Film, Television and Radio School Act 1973. This Act, passed by the Australian Parliament, established the School to provide advanced education and training in the production of programs and to conduct seminars and courses for those engaged in the industry. The 2005 amendment to the Act shifted the specification of degrees, diplomas, and certificates from regulations to a legislative instrument, leading to the creation of the 2007/1 Determination and subsequently the 2008/1 Determination, which adds a new certificate—Graduate Certificate in Screen Design (Motion Graphics and Interactive)—to those the School can award. The Council of the School decided that no further consultation was necessary, considering the matters outlined in Section 17 of the Legislative Instruments Act 2003, and acknowledging the School's status as a self-accrediting institution. This legislative change ensures the School can continue to adapt its educational offerings to meet industry needs without impacting other educational institutions.
Scope and Application
The Determination of Degrees, Diplomas and Certificates No. 2008/1 under the Australian Film, Television and Radio School Act 1973 applies to the Australian Film, Television and Radio School (the School), a self-accrediting institution established under the Act. This legislation pertains to the authority of the School to award degrees, diplomas, and certificates in relation to the education and training it provides, as outlined in section 5 of the Act. The scope of the Determination is limited to the educational qualifications that the School can confer upon successful completion of its programs. The Act applies to the School as a Commonwealth entity, and its functions and governance are detailed in the Act and regulated by the Council of the School. The geographic reach is national, as the School operates within Australia. The Determination itself adds a new educational qualification, the Graduate Certificate in Screen Design (Motion Graphics and Interactive), to those that the School can award, as specified in the attachment to the Determination. This amendment is effective from the day after its registration on the Federal Register of Legislative Instruments. The Council of the School determined that no consultation was necessary, considering the matters specified in Section 17 of the Legislative Instruments Act 2003 and broader issues of personal rights.
Key Provisions
Section 4 of the Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School), setting the foundation for its existence and operations. Section 5 of the Act outlines the functions of the School, which include providing advanced education and training in the production of programs, conducting approved seminars and courses for professionals in the industry, and awarding degrees, diplomas and certificates as specified in a determination under section 6A. The determination of which degrees, diplomas and certificates are to be awarded is made under section 6A, allowing the School to specify these qualifications through a legislative instrument.
The obligations imposed by the Act on the School and its Council are significant. The School must be governed by a council known as the Council of the Australian Film, Television and Radio School (the Council). As per section 7 of the Act, all actions taken in the name of or on behalf of the School by the Council are considered to be actions taken by the School itself. This ensures that the governance of the School is centralised and that the Council has the authority to make determinations regarding the qualifications it awards. The Council must ensure that the determinations it makes under section 6A comply with the provisions of the Act and do not infringe upon the rights or interests of other educational institutions.
Breach of any obligations or requirements set out in the Act may result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches could potentially lead to civil or criminal consequences depending on the nature and severity of the breach. For example, if the School were to award a qualification not specified in a determination under section 6A, this could be seen as an unauthorised act, potentially leading to legal action against the School or its Council. The specific penalties for such breaches would depend on the applicable laws and regulations at the time of the breach.