Determination of Degrees, Diplomas and Certificates No. 2011/1

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L01674 Not in force Legislative Instrument

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Explanatory Statement

 

Determination of Degrees, Diplomas and Certificates No. 2011/1

 

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 made under section 6A of the Act is registered under the Legislative Instruments Act 2003.

 

On 18th April 2008, the Determination of Degrees, Diplomas and Certificates 2008/1 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.

 

On 27th June 2008, the Determination of Degrees, Diplomas and Certificates 2008/2 added three new diplomas to the diplomas that may be awarded by the School. It was registered on the 30th July 2008.

 

The Determination of Degrees, Diplomas and Certificates 2008/03 added five new graduate certificates and eleven new graduate diplomas. It was registered on the 3rd September 2008.

 

The Determination of Degrees, Diplomas and Certificates No. 2009/1 added 15 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2009/2 added 1 new degree to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2010/1 adds 2 new degrees to the degrees that may be awarded by the School.

 

The Determination of Degrees, Diplomas and Certificates No. 2011/1 adds 12 new degrees to the degrees that may be awarded by the School:

 

Graduate Certificate in Cinematography Fundamentals

Graduate Certificate in Directing Fundamentals

Graduate Certificate in Documentary Fundamentals

Graduate Certificate in Producing Fundamentals

Graduate Certificate in Screen Music

Graduate Certificate in Story Development and Screenwriting Fundamentals

Graduate Certificate in Sound Studio Practice

Graduate Diploma in Documentary

Graduate Diploma in Sound Post-Production

Graduate Diploma in Screen Sound Recording

Master of Screen Arts

Master of Screen Arts and 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 Australian Film, Television and Radio School Act 1973, enacted by the Parliament of Australia, was established to provide advanced education and training for individuals involved in the production of film, television, and radio programs. The Act outlines the functions of the Australian Film, Television and Radio School, including the provision of education and training, conducting seminars and courses, and awarding degrees, diplomas, and certificates. The problem the Act addresses is the need for specialised education and training in the rapidly evolving media and entertainment industry. In accordance with the Act, the Council of the School has the authority to specify degrees, diplomas, and certificates through legislative instruments, as opposed to regulations. This change was formalised through the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005. The Determination of Degrees, Diplomas and Certificates No. 2011/1, registered on the Federal Register of Legislative Instruments, adds twelve new degrees to the list of qualifications that the School can award. The Council determined that no consultation was necessary for this legislative instrument, as it does not affect other educational institutions and the School is a self-accrediting body.

Scope and Application

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (AFTRS), which is responsible for providing advanced education and training in film, television, and radio production. The Act authorises the School to award degrees, diplomas, and certificates as specified in a determination under Section 6A. This legislative framework allows the School to adapt its offerings in line with industry needs by specifying qualifications through legislative instruments rather than regulations, which provides flexibility and responsiveness in the fast-evolving media landscape. The Determination of Degrees, Diplomas and Certificates No. 2011/1 adds twelve new degrees, such as Graduate Certificate in Cinematography Fundamentals and Master of Screen Arts and Business, to the qualifications that the School can award. The School's Council determined that no consultation was necessary for this determination, given the School’s role as a self-accrediting institution and the minimal impact on other educational bodies. This Determination applies nationally and comes into effect on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Australian Film, Television and Radio School Act 1973, particularly Section 4, establishes the Australian Film, Television and Radio School (the School), while Section 5 outlines its functions, including providing advanced education and training for 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 allows the School to specify the degrees, diplomas, and certificates through a legislative instrument. The School is governed by a council, known as the Council of the Australian Film, Television and Radio School, which is established under Section 7 of the Act. All acts done by the Council are considered to have been done by the School. The obligations imposed by the Act on the Australian Film, Television and Radio School include providing advanced education and training for individuals involved in the production of programs, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates as specified in the determinations made under Section 6A. The School must be governed by a council that ensures all acts and things done in its name or on its behalf are deemed to have been done by the School. Additionally, the Council of the School has the authority to make determinations regarding the degrees, diplomas, and certificates awarded by the School. There are no specific offences, penalties, or consequences outlined for breaches of the Australian Film, Television and Radio School Act 1973 in the provided text. However, it is important to note that the Council of the Australian Film, Television and Radio School considered that no consultation was required after reviewing the matters specified in Section 17 of the Legislative Instruments Act 2003 and the broader issues of personal rights. The School is a self-accrediting educational institution, and the registering of new degrees does not impact any other educational institution. Therefore, any breach of the Act would likely be addressed through internal School policies and procedures, rather than through criminal or civil penalties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.