Determination of Degrees, Diplomas and Certificates No. 2012/1

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School (AFTRS) and outline its functions, including providing advanced education and training in film, television, and radio production. The Act was developed to address the need for a specialised educational institution focused on the creative and technical aspects of media production. The Australian Parliament enacted this legislation to support the growth and development of Australia's film, television, and radio industries by fostering skilled professionals. The Act was amended in 2005 to allow the School to specify degrees, diplomas, and certificates through legislative instruments rather than regulations, thereby modernising its governance and enhancing its flexibility in responding to industry needs. This change aimed to ensure the School could adapt its offerings in line with the evolving media landscape and technological advancements.

Scope and Application

The Australian Film, Television and Radio School Act 1973 applies to the Australian Film, Television and Radio School, a Commonwealth institution established to provide advanced education and training in the fields of film, television, and radio production. The Act outlines the functions of the School, including the provision of education and training, conducting approved seminars and courses, and the awarding of degrees, diplomas, and certificates as specified in determinations made under section 6A. The School operates under the governance of a Council, which has the authority to act on behalf of the institution. The scope of the Act is national, applying across the Commonwealth of Australia, and it does not specify any exclusions or thresholds for its application. Determinations made under section 6A extend the application of the Act by specifying the degrees, diplomas, and certificates that the School can award. These determinations are legislative instruments that come into effect upon registration on the Federal Register of Legislative Instruments. Notably, the Act was amended in 2005 to allow for these qualifications to be specified in legislative instruments rather than regulations, a change that took effect on 31 August 2005. Subsequent determinations have added various new qualifications to those the School can award, with the latest being the Determination of Degrees, Diplomas and Certificates No. 2012/1, which adds one new degree. The Council determined that no further consultation was necessary under section 17 of the Legislative Instruments Act 2003, given the School's status as a self-accrediting institution and the lack of impact on other educational bodies.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School), as outlined in Section 4. The functions of the School, detailed in Section 5, include providing advanced education and training in the production of programs, conducting approved seminars and courses of education or training, and awarding degrees, diplomas and certificates specified in a determination under Section 6A. Section 6A grants the School the authority to specify these academic qualifications through a legislative instrument, a power that was transferred from the regulations by the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005. This shift was formalised through the Determination of Degrees, Diplomas and Certificates 2008/1, which was registered on 29 April 2008 and added a new certificate—Graduate Certificate in Screen Design (Motion Graphics and Interactive). The obligations imposed by the Act on the School include the requirement to be governed by a council, known as the Council of the Australian Film, Television and Radio School, as stipulated in Section 7. Any actions taken by the Council in the name of, or on behalf of, the School are deemed to have been done by the School itself. The Act also mandates that the School must ensure that the degrees, diplomas and certificates it awards are specified in a determination under Section 6A. This determination process is meant to ensure that the qualifications offered align with the School’s educational and training objectives and are registered under the Legislative Instruments Act 2003. Given the self-accrediting nature of the institution, the Council was satisfied that no further consultation was necessary, as the registration of new degrees does not impact other educational institutions. The Act does not explicitly detail specific offences, penalties, or consequences for breaches related to the determination of degrees, diplomas and certificates. However, any failure to comply with the legislative instrument requirements under the Legislative Instruments Act 2003 could potentially result in legal repercussions. The Council’s decision to forgo additional consultation must also be scrutinised to ensure that it aligns with the requirements and expectations set out in Section 17 of the Legislative Instruments Act 2003 and the broader considerations of personal rights. Ensuring that these determinations are correctly registered and that they do not infringe upon the rights of other educational institutions is critical to maintaining the integrity of the School’s accreditation process.