Determination of Degrees, Diplomas and Certificates No. 2009/1

Overview

The Australian Film, Television and Radio School Act 1973, enacted by the Parliament of Australia, established the Australian Film, Television and Radio School to provide advanced education and training in the production of programs. Section 6A of the Act allows the School to specify degrees, diplomas, and certificates via a legislative instrument. Initially, these qualifications were prescribed in the Australian Film, Television and Radio School Regulations 1986, but amendments in 2005 shifted this responsibility to legislative instruments. The Determination of Degrees, Diplomas and Certificates No. 2009/1, which introduces 15 new degrees to be awarded by the School, was made under this authority and aims to align the qualifications offered with the evolving industry needs. The Council of the School decided against consultation for this determination, considering the nature of the institution as a self-accrediting body and the lack of impact on other educational institutions. This determination takes effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Australian Film, Television and Radio School Act 1973 governs the Australian Film, Television and Radio School, which is responsible for providing advanced education and training in the field of film, television, and radio production. Section 6A of the Act allows the School to specify degrees, diplomas, and certificates through a legislative instrument. The scope of this legislation applies to the School itself and its Council, which governs the School, as all actions taken by the Council are deemed to be actions of the School. The Act applies to persons and entities involved in or connected with the production of film, television, and radio programs, and to the educational and training services provided by the School. The geographic reach of this legislation is national, as it is a Commonwealth Act. The Determination of Degrees, Diplomas and Certificates No. 2009/1 extends the application of the Act by specifying new degrees that the School can award. This determination adds fifteen new degrees, updating the qualifications available to students and professionals in the film, television, and radio industries. The determination does not require consultation as per Section 17 of the Legislative Instruments Act 2003, due to the specific nature of the School's accreditation and the limited impact on other educational institutions.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School), as set out in Section 4. The Act details the functions of the School in Section 5, which include providing advanced education and training in the production of programs, conducting approved seminars and courses, and awarding degrees, diplomas and certificates as specified in a determination under Section 6A. Section 6A of the Act allows the School to specify the degrees, diplomas and certificates it may award through a legislative instrument. The School is governed by a council, referred to as the Council of the Australian Film, Television and Radio School (the Council), as outlined in Section 7. 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. The obligation under the Act for the School is to adhere to the provisions set forth, including the need to specify the degrees, diplomas and certificates it may award through a legislative instrument as provided for in Section 6A. This process was previously governed by regulation, but amendments made by the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005 shifted this responsibility to the School through legislative instruments. The Council of the School must ensure that any new determinations comply with the legislative requirements and do not infringe on the personal rights of individuals or impact other educational institutions adversely. Additionally, the Council must consider the matters specified in Section 17 of the Legislative Instruments Act 2003 and any wider issues of personal rights before making a determination. There are no specific offences, penalties, or civil/criminal consequences outlined in the Act or the Determination of Degrees, Diplomas and Certificates No. 2009/1 for breaches of the legislative requirements. However, any failure by the School or the Council to comply with the Act and the legislative instruments could potentially lead to legal challenges or administrative actions. The primary consequence of non-compliance would likely be the invalidity of the degrees, diplomas, or certificates awarded, thereby undermining the School's educational offerings and credibility. Additionally, if the Council fails to consider relevant personal rights or legislative requirements, it may face scrutiny or legal action from affected parties. The Act and its related instruments emphasise procedural compliance and self-accreditation to ensure the School operates within its designated scope without undue impact on other educational entities.