Determination of Degrees, Diplomas and Certificates No. 2014/1

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

Legislation au F2014L00228 Not in force Legislative Instrument

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Explanatory Statement

 

Determination of Degrees, Diplomas and Certificates No. 2014/1

 

Australian Film, Television and Radio School Act 1973

 

Section 4 of the Australian Film, Television and Radio School Act 1973 (AFTRS Act) establishes the Australian Film, Television and Radio School (the School).

 

Section 5 of the AFTRS 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 AFTRS 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 AFTRS Act.

 

Section 7 of the AFTRS 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 section6A 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 degrees to the degrees that may be awarded by the School. 

 

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

 

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

 

The Determination of Degrees, Diplomas and Certificates No. 2012/1 added 1 new degrees to the degrees that may be awarded by the School. 
 

The Determination of Degrees, Diplomas and Certificates No. 2012/2 added 2 new degrees to the degrees that may be awarded by the School. 

The Determination of Degrees, Diplomas and Certificates No. 2012/3 added 1 new degrees to the degrees that may be awarded by the School. 

 

The Determination of Degrees, Diplomas and Certificates No. 2014/1 adds 3 new degrees to the degrees that may be awarded by the School. 


 

Bachelor of Arts (Screen)

Master of Arts (Screen)

Master of Business Administration (Screen)

 

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.

 

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Determination of Degrees, Diplomas and Certificates No. 2014/1

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Australian Film, Television and Radio School (AFTRS) is a higher education provider established by the Australian Film, Television and Radio School Act 1973 (AFTRS Act).

Under section 5 (1) (g), AFTRS’ functions include “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 section6A.”

Section 6A of the AFTRS Act provides that “the School may, by legislative instrument, make a determination specifying degrees, diplomas or certificates for the purposes of paragraph 5 (1) (g)”.

The purpose of this Legislative Instrument is to determine, under section 6A of the AFTRS Act, the new degrees, diplomas or certificates AFTRS will award, for the purposes of section 5(g) of the AFTRS Act.

 

Human rights implications

This Legislative Instrument engages with the following human rights:

The right to education

The determination of higher education degrees, diplomas and certificates engages Article 13 of the International Covenant on Economic, Social and Cultural Rights.  Article 13 (2) (c) relevantly provides that “higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means…”

The right to take part in cultural life

The determination of higher education degrees, diplomas and certificates to be awarded by AFTRS engages Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Article 15 recognises the right of everyone to take part in cultural life, and states that steps to be taken to realise this right include those necessary for the development of culture. AFTRS contributes to the development of culture as it is Australia’s national screen arts and broadcast school providing industry-focused education and training for talented students, professionals and organisations.

The Legislative Instrument also reflects the connection between educational and cultural human rights recognised internationally and by Australia. See, for example, the UN Committee on Economic, Social and Cultural Rights’ statements (in General Comment No 21) that the “fundamental aim of educational development is the transmission and enrichment of common cultural and moral values” and that “education is intrinsically related to culture”. 

 

 

Conclusion

This Legislative Instrument is compatible with human rights as it advances the protection of certain human rights and does not limit those rights.

 

Professor Julianne Schultz AM FAHA
Chair of Council of the Australian Film, Television and Radio School

21 February 2014

 

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School (AFTRS), which is dedicated to providing advanced education and training in the production of film, television, and radio programs. The Act was enacted by the Parliament of Australia and is aimed at fostering the development of knowledge and skills necessary for careers in the screen arts industry. Section 6A of the AFTRS Act enables the School to specify degrees, diplomas, and certificates through legislative instruments. This legislative framework was introduced to address the need for a formalised structure in accrediting educational qualifications within the specialised field of screen arts education and training. The Determination of Degrees, Diplomas and Certificates No. 2014/1 further clarifies and updates the qualifications that AFTRS can award, ensuring they remain relevant and aligned with industry needs. The policy objective is to support the accessibility of higher education in the screen arts, ensuring that AFTRS can adapt and expand its offerings to meet the evolving demands of the industry.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2014/1, issued under the Australian Film, Television and Radio School Act 1973, specifies additional degrees that the Australian Film, Television and Radio School (AFTRS) can award. The AFTRS Act establishes the School as a higher education provider with functions that include offering advanced education and training in the screen industry and awarding degrees, diplomas, and certificates. Section 6A of the Act empowers the School, through legislative instruments, to determine which degrees, diplomas, and certificates it can award. This particular legislative instrument adds three new degrees: Bachelor of Arts (Screen), Master of Arts (Screen), and Master of Business Administration (Screen). These determinations come into effect the day after their registration on the Federal Register of Legislative Instruments. The Council of the School decided that no further consultation was necessary, given the self-accrediting nature of the institution and the absence of impact on other educational institutions. The legislation is also compatible with human rights, particularly the right to education and the right to take part in cultural life, as it supports the accessibility and development of higher education within the cultural and creative industries in Australia.

Key Provisions

Section 4 of the Australian Film, Television and Radio School Act 1973 (AFTRS Act) establishes the Australian Film, Television and Radio School (AFTRS) as an institution dedicated to advanced education and training in screen arts and broadcast fields. Section 5 further outlines its functions, including providing education and training, conducting approved seminars and courses, and awarding degrees, diplomas and certificates specified in a determination under section 6A of the AFTRS Act. Section 6A empowers the AFTRS to make determinations specifying degrees, diplomas and certificates through a legislative instrument. The obligations imposed on AFTRS under the AFTRS Act are primarily to provide education and training in the screen arts and broadcast sectors, and to award degrees, diplomas and certificates as specified in the determinations made under section 6A. The institution must operate in accordance with the functions outlined in section 5 and must be governed by a council known as the Council of the Australian Film, Television and Radio School. All actions taken by the Council or on behalf of AFTRS must be deemed to have been done by the institution itself, as stipulated in section 7 of the AFTRS Act. In terms of compliance, the AFTRS Act does not explicitly detail specific offences, penalties, or consequences for breaches. However, the registration of determinations under the Legislative Instruments Act 2003 suggests that non-compliance with the legislative requirements or failure to adhere to the specified qualifications could lead to legal challenges or administrative actions. Furthermore, while specific penalties are not mentioned, the oversight and regulatory framework provided by the Legislative Instruments Act implies that breaches could result in the nullification of determinations, which would impact the institution's ability to award the specified qualifications. The Council's satisfaction that no consultation was required, as per section 17 of the Legislative Instruments Act 2003, indicates a streamlined process, but any significant deviations from the legislative requirements could still attract scrutiny or legal consequences.

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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.