Determination of Degrees, Diplomas and Certificates No. 2012/3

Overview

The Determination of Degrees, Diplomas and Certificates No. 2012/3 is a legislative instrument enacted under the Australian Film, Television and Radio School Act 1973. This Act was established to create the Australian Film, Television and Radio School (the School) and define its functions, including the provision of advanced education and training in the production of programs and the awarding of degrees, diplomas, and certificates. The 2012/3 Determination specifically adds a new Graduate Certificate in Screenwriting Fundamentals to the qualifications that can be awarded by the School, bringing the total number of new degrees and qualifications added since 2008 to over thirty. This Determination was made by the Council of the School and is registered under the Legislative Instruments Act 2003, taking effect the day after its registration on the Federal Register of Legislative Instruments. The Council determined that no consultation was necessary, considering the matters specified in Section 17 of the Legislative Instruments Act 2003 and the broader implications for personal rights, given that the School is a self-accrediting institution and the registration of new degrees does not affect other educational institutions.

Scope and Application

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (the School), which is governed by a council known as the Council of the Australian Film, Television and Radio School. The Act specifies the functions of the School, which include providing advanced education and training in the production of programs, conducting seminars and courses for those engaged in program production, and awarding degrees, diplomas, and certificates specified in a determination under section 6A. The School has the authority to make legislative instruments to specify these qualifications. Prior to 2005, the relevant qualifications were prescribed in regulations; however, amendments to the Act now require these to be specified in legislative instruments. The Determination of Degrees, Diplomas and Certificates No. 2012/3 adds another qualification, the Graduate Certificate in Screenwriting Fundamentals, to the list of qualifications that the School can award. The determination is effective from the day after it is registered on the Federal Register of Legislative Instruments, and the Council of the School determined that consultation was not necessary under the Legislative Instruments Act 2003.

Key Provisions

Section 4 of the Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (the School), while section 5 outlines its functions, including providing advanced education and training in the production of programs, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates (section 5(1)(a), (c), and (g)). Section 6A of the Act permits the School to specify the degrees, diplomas, and certificates it awards through a legislative instrument. The School is governed by a council, the Council of the Australian Film, Television and Radio School, under section 7, and all actions taken in the name of the School by the Council are considered acts of the School. The obligations and requirements imposed on the School by this legislation include the need to award degrees, diplomas, and certificates as specified in determinations made under section 6A of the Act. The Council of the School is tasked with ensuring that these qualifications align with the School’s educational and training objectives, particularly those related to the production of programs. Given the School’s status as a self-accrediting institution, the Council also ensures that any new qualifications do not infringe upon the academic offerings of other institutions. This involves a process of internal review and consideration of relevant educational standards and practices. Under this legislation, any failure to comply with the requirements for awarding degrees, diplomas, and certificates as specified in the determinations could potentially result in legal and administrative consequences. However, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance. The primary mechanism for ensuring compliance is the legislative instrument itself, which mandates the types of qualifications that can be awarded. The Legislative Instruments Act 2003 provides a framework for the creation and registration of such instruments, and failure to adhere to its provisions could result in broader administrative or legal repercussions. The Council’s role in ensuring compliance with these requirements is crucial, as it must ensure that the School operates within the bounds set by the Act and its determinations.