Determination of Degrees, Diplomas and Certificates No. 2009/2

Overview

The Determination of Degrees, Diplomas and Certificates No. 2009/1 was enacted in 2009 under the Australian Film, Television and Radio School Act 1973. This legislation was introduced to address the need for flexibility in updating the qualifications offered by the Australian Film, Television and Radio School (AFTRS). Prior to the Act, qualifications were specified in regulations, but the 2005 amendment shifted this responsibility to the AFTRS, enabling the institution to make determinations through legislative instruments. The Act was passed by the Commonwealth Parliament and its policy objective is to allow the AFTRS to keep its course offerings current and relevant to industry needs without the need for legislative amendments each time a new qualification is introduced. The Council of the AFTRS determined that no further consultation was necessary for this determination, as it does not affect other educational institutions and complies with the requirements of the Legislative Instruments Act 2003.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2009/1 applies to the Australian Film, Television and Radio School, which is governed by the Australian Film, Television and Radio School Act 1973. The Act establishes the School and specifies its functions, including providing advanced education and training in the production of programs and awarding degrees, diplomas and certificates. The determination specifies the degrees that the School can award, thereby extending the application of the Act through subordinate instruments. The Act applies nationally as a Commonwealth legislation, but its application is limited to the functions and operations of the School. There are no stated exclusions or exemptions in the provided text, but it should be noted that the Act and its subordinate instruments only pertain to the School’s authority to award specific qualifications. The Determination of Degrees, Diplomas and Certificates No. 2009/1 adds 15 new degrees to the qualifications that the School can award. This determination is effective from the day after it is registered under the Legislative Instruments Act 2003, which provides the legal framework for the creation and registration of legislative instruments in Australia. The Council of the School was satisfied that no consultation was required for this determination, considering the matters specified in Section 17 of the Legislative Instruments Act 2003 and the wider issues of personal rights. This indicates that the registration of new degrees does not impact any other educational institutions, as the School operates as a self-accrediting body.

Key Provisions

The Determination of Degrees, Diplomas and Certificates No. 2009/1 specifies the degrees, diplomas and certificates that the Australian Film, Television and Radio School (the School) can award, as per section 6A of the Australian Film, Television and Radio School Act 1973 (the Act) (section 1). This legislation is designed to update and expand the academic offerings of the School, ensuring they are current with industry needs and educational standards. Under this determination, the School has the authority to award 15 new degrees (section 2). This change reflects the School's ongoing commitment to providing advanced education and training in the film, television, and radio industries, as outlined in section 5 of the Act. The obligations placed on the School under this determination include ensuring that the degrees, diplomas and certificates awarded are in line with the educational standards and industry requirements of the film, television, and radio sectors. The Council of the Australian Film Television and Radio School, as stipulated in section 7 of the Act, must oversee these qualifications to maintain the School's accreditation and reputation. The Council's role is crucial in approving the new academic programs, ensuring they meet the necessary criteria before they are offered to students. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination of Degrees, Diplomas and Certificates No. 2009/1. However, the School must ensure compliance with the Act and any other relevant legislation. Any failure to adhere to the standards set forth could potentially lead to reputational damage or loss of accreditation. The determination itself does not impose penalties but relies on the broader legislative framework to enforce compliance and maintain educational quality.