Determination of Degrees, Diplomas and Certificates No. 2008/3

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish an institution dedicated to providing advanced education and training in the areas of film, television, and radio production. The Act, passed by the Parliament of Australia, aimed to fill the gap in specialised education and training in the creative industries, particularly in the production of media programs. Section 4 of the Act established the Australian Film, Television and Radio School (AFTRS), while Section 5 outlined its functions, including the provision of education and training and the conduct of seminars and courses. Originally, the degrees, diplomas, and certificates awarded by the School were prescribed in the Australian Film, Television and Radio School Regulations 1986. However, subsequent amendments via the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005 shifted this responsibility to legislative instruments under Section 6A of the Act. This change allows the School to specify the qualifications it awards through determinations, facilitating more agile updates to the qualifications offered in response to industry needs and advancements.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2008/3 applies to the Australian Film, Television and Radio School (AFTRS), established under the Australian Film, Television and Radio School Act 1973. This legislation governs the School's functions, including providing advanced education and training in the production of programs and conducting seminars and courses for those involved in the industry. The Act also specifies the School's authority to award degrees, diplomas, and certificates, which are now determined through legislative instruments rather than regulations. The new determination specifies additional degrees and diplomas that the School can award, such as Graduate Certificate in Screen Design and Graduate Diploma in Producing and Screen Business, among others. This legislation applies nationally and extends to the School's activities as governed by its Council, with no specified exclusions or exemptions. The determinations themselves are legislative instruments registered under the Legislative Instruments Act 2003 and do not require consultation as per Section 17 of that Act.

Key Provisions

The main operative sections of the Determination of Degrees, Diplomas and Certificates No. 2008/3 pertain to the specification of the qualifications that the Australian Film, Television and Radio School (the School) can award. Section 6A of the Australian Film, Television and Radio School Act 1973 (the Act) empowers the School to make a determination specifying degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) of the Act. This determination lists the qualifications that the School is authorised to confer upon students who meet the required criteria. The determination includes additions such as the Graduate Certificate in Screen Design (Motion Graphics and Interactive) (section 1), and multiple new diplomas and degrees in areas such as animation, producing, and screen music (section 2). The obligations and requirements imposed by this legislation on the School and its Council are primarily administrative and procedural. The Council of the Australian Film, Television and Radio School, as specified in section 7 of the Act, must ensure that all acts and things done on behalf of the School are within the authority of the Council. The School must adhere to the qualifications specified in the Determination to maintain its status as a self-accrediting educational institution. The Council must also ensure that any new qualifications added are consistent with the School’s educational mission and approved by the Council as required under section 5(1)(c) of the Act. In terms of potential breaches and consequences, the legislation does not explicitly detail offences or penalties for non-compliance with the determination. However, any deviation from the specified qualifications could potentially lead to legal or accreditation issues, as the School is a self-accrediting institution. The Legislative Instruments Act 2003 governs the registration of these determinations, and failure to register a determination as required could result in it not taking effect. While specific penalties are not stated in the text, any significant deviation from the legislative requirements could impact the School's accreditation status and its ability to confer legitimate qualifications.