Determination of Degrees, Diplomas and Certificates No. 2012/2

Overview

The Australian Film, Television and Radio School Act 1973, enacted by the Commonwealth Parliament, establishes the Australian Film, Television and Radio School (AFTRS) with the primary function of providing advanced education and training in film, television, and radio production. The Act aimed to fill a gap in specialised education and training for professionals in these creative industries. Section 6A of the Act allows AFTRS to specify the degrees, diplomas, and certificates it awards through legislative instruments, rather than through regulations. The shift from regulation to legislative instruments for specifying qualifications was formalised by the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005. The Determination of Degrees, Diplomas and Certificates No. 2012/2, registered under the Legislative Instruments Act 2003, adds two new degrees to those awarded by AFTRS: the Graduate Diploma in Screen Sound and the Graduate Diploma in Editing Drama. This determination follows a series of similar legislative instruments that have expanded the range of qualifications offered by the School over the years.

Scope and Application

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School and outlines its functions, including providing advanced education and training in the production of programs and conducting seminars and courses of education or training for individuals involved in program production. The Act also empowers the School to award degrees, diplomas, and certificates through a legislative instrument. The scope of this legislation applies to the School itself, its Council, and potentially to students or individuals engaged in training or education provided by the School. The Act has a national reach within Australia, as it is a Commonwealth Act. The School’s ability to specify degrees, diplomas, and certificates through legislative instruments, rather than through regulations, extends its operational flexibility, allowing it to adapt its educational offerings in response to industry changes without the need for further amendments to the Act. There are no exclusions, exemptions, or thresholds specified within the Act regarding the types of degrees, diplomas, or certificates that can be awarded. The Council of the Australian Film Television and Radio School has determined that no consultation is required under the Legislative Instruments Act 2003 when registering new degrees, as the School is a self-accrediting institution and the new qualifications do not affect other educational institutions.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (the Act) outlines the establishment and functions of the Australian Film, Television and Radio School (the School) under Section 4. The School's primary functions, as outlined in Section 5, include providing advanced education and training in the production of programs, conducting seminars and courses for those involved in program production, and awarding degrees, diplomas, and certificates upon meeting specified criteria. Section 6A empowers the School to determine the specific degrees, diplomas, and certificates through legislative instruments, a process that replaced the previous regulation method as amended by the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005. This shift ensures that the School can adapt to evolving industry standards and educational needs. The obligations imposed on the School include being governed by a council known as the Council of the Australian Film, Television and Radio School (the Council), as per Section 7 of the Act. The Council is responsible for all actions taken in the name of the School, ensuring that its governance and educational offerings are aligned with the statutory objectives. The Council must also ensure that the degrees, diplomas, and certificates awarded are reflective of the School's educational standards and industry requirements. Additionally, the School must adhere to the legislative process for determining qualifications, ensuring transparency and accountability in its educational offerings. Failure to comply with the provisions of the Act or the legislative instruments may result in various consequences. While the Act does not explicitly outline specific offences, penalties, or consequences for breaches, the legislative instruments and the overarching framework of Australian law would apply. Non-compliance could potentially lead to legal challenges, reputational damage, or loss of accreditation for the School. Given the School's status as a self-accrediting institution, any significant deviations from its mandated functions or the determination of qualifications could result in scrutiny from educational oversight bodies or regulatory authorities, possibly leading to corrective actions or sanctions.