Determination of Degrees, Diplomas and Certificates No. 2010/1

Overview

The Australian Film, Television and Radio School Act 1973 was enacted by the Parliament of Australia to establish the Australian Film, Television and Radio School and define its functions, including the provision of advanced education and training in the production of programs, conducting approved seminars and courses of education or training, and awarding degrees, diplomas and certificates. The problem or gap that the Act sought to address was the need for a dedicated institution to provide advanced education and training in the areas of film, television, and radio production, as well as to foster the development of knowledge and skills required in these fields. The policy objective of the Act is to support the growth and development of the Australian film, television, and radio industries by providing specialised education and training opportunities. The Act was subsequently amended to allow the School to specify the degrees, diplomas, and certificates it awards through a legislative instrument rather than regulations, as was previously the case. This change was intended to provide greater flexibility in the School's ability to respond to industry needs and developments. The Determination of Degrees, Diplomas and Certificates No. 2010/1, enacted under this framework, adds two new degrees to the list of qualifications that the School can award.

Scope and Application

The Australian Film, Television and Radio School Act 1973 governs the operations and educational offerings of the Australian Film, Television and Radio School (the School). The Act outlines the School’s functions, including the provision of advanced education and training in film, television, and radio production, as well as the conduct of seminars and courses for industry professionals. Notably, Section 6A of the Act empowers the School, through legislative instruments, to specify the degrees, diplomas, and certificates it may award. This legislative flexibility allows the School to adapt its educational offerings in response to industry needs and advancements. The Determination of Degrees, Diplomas and Certificates No. 2010/1, registered under the Legislative Instruments Act 2003, adds two new degrees to those the School may award: a Graduate Certificate in Webisodes and a Graduate Diploma in Producing and Screen Business. These additions expand the School’s qualifications in line with evolving trends in media production and distribution. The Act applies nationally, influencing educational standards and offerings within the Australian film, television, and radio industries.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School) and delineates its functions. Under section 5, the School’s functions include providing advanced education and training for program production, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates. Section 6A allows the School to specify these qualifications through a legislative instrument, a change enacted by the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005. This legislative shift meant qualifications were no longer prescribed in regulations but specified in determinations. Consequently, the Determination of Degrees, Diplomas and Certificates 2008/1 to 2010/1, which added various new qualifications, were registered under the Legislative Instruments Act 2003. Each determination became effective the day after its registration on the Federal Register of Legislative Instruments. The Act imposes specific obligations on the Council of the Australian Film, Television and Radio School. According to section 7, the Council governs the School, and any actions taken by the Council on behalf of the School are deemed to be actions of the School itself. The Council must ensure that all qualifications awarded align with the School’s educational objectives and the legislative framework established by the Act. Furthermore, the Council must maintain records and processes to verify that the qualifications awarded meet the standards set by the School and relevant industry practices. The Act does not explicitly outline specific offences, penalties, or consequences for breaches related to the determination of degrees, diplomas, and certificates. However, the legislative process for registering determinations under the Legislative Instruments Act 2003 implies that non-compliance with this process could lead to administrative or legal consequences. For instance, if a determination is not properly registered, it may not be legally enforceable, potentially leading to disputes over the validity of the qualifications awarded. Additionally, while the Act itself does not specify criminal or civil penalties for such breaches, broader legislative frameworks may apply depending on the nature and impact of the non-compliance.