Explanatory Statement
Determination of Degrees, Diplomas and Certificates No. 2008/2
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.
On 18th April 2008, the Determination of Degrees, Diplomas and Certificates 2008/01 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.
The Determination of Degrees, Diplomas and Certificates 2008/2 adds three new diplomas to the diplomas that may be awarded to the School – Foundation Diploma, Diploma in Games Directing, Diploma in Producing and Screen Business.
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.
Overview
The Determination of Degrees, Diplomas and Certificates No. 2008/2 was enacted to address the need for the Australian Film, Television and Radio School to specify the degrees, diplomas and certificates it may award under section 6A of the Australian Film, Television and Radio School Act 1973. This Act was introduced by the Parliament of Australia to establish the Australian Film, Television and Radio School and outline its functions, including the provision of advanced education and training in the production of programs. The policy objective is to allow the School to adapt its educational offerings to meet industry needs, ensuring that it remains a leading institution in film, television and radio education and training. The Council of the Australian Film Television and Radio School determined that no consultation was necessary for this Determination, considering the matters specified in Section 17 of the Legislative Instruments Act 2003 and the broader implications for personal rights.
Scope and Application
The Determination of Degrees, Diplomas and Certificates No. 2008/2, made under Section 6A of the Australian Film, Television and Radio School Act 1973, specifies additional qualifications that the Australian Film, Television and Radio School (AFTRS) is authorised to award. This determination supplements the qualifications listed in previous determinations and regulations, reflecting the School's ongoing development and expansion in the field of advanced education and training related to the production of film, television, and radio programs. The Act applies to the School and its Council, governing the types of qualifications it can confer. The geographic reach of this legislation is national, as it pertains to a Commonwealth-established institution. The determination itself does not specify any exclusions or exemptions but operates within the broader framework of the Act and any applicable Commonwealth educational standards and accreditation processes. The School’s ability to extend its offerings through legislative instruments allows it to remain adaptable and relevant in the evolving media industry.
Key Provisions
The Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School) and outlines its functions, as well as the manner in which it is governed (sections 4 and 7). Section 5 of the Act specifies that the School's functions include providing advanced education and training in program production, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates as determined under section 6A. Section 6A allows the School to specify these qualifications by legislative instrument, replacing the previous regulation method. The Council of the School governs the institution, with all acts and decisions made in its name deemed to be acts of the School (section 7).
The Act imposes obligations on the School to ensure it provides advanced education and training in program production and conducts approved seminars and courses (section 5). The Council of the School must ensure that the School's operations align with its statutory functions and that any new qualifications awarded are specified through the appropriate legislative instruments. This process involves ensuring that any new degrees, diplomas, or certificates do not infringe on the rights of other educational institutions, as the School operates as a self-accrediting entity.
Breaches of the Act or its associated legislative instruments could lead to various consequences. Although the Act does not specify particular offences or penalties, general legislative provisions might apply, such as those under the Legislative Instruments Act 2003. Non-compliance with the legislative process for specifying new qualifications could result in legal challenges or administrative actions against the School or its Council. Such challenges could potentially impact the School's accreditation status and its ability to operate effectively within the educational sector.
The Determination of Degrees, Diplomas and Certificates 2008/2, which adds new diplomas to those that can be awarded by the School, was registered on 29 April 2008. This legislative instrument specifies the new qualifications and becomes effective on the day after its registration, ensuring that the School can award these qualifications in accordance with its functions under the Act. The Council's decision that no consultation was required was made after considering the relevant legislative requirements and broader issues of personal rights, reflecting a careful adherence to procedural integrity.