Determination of Degrees, Diplomas and Certificates No. 2014/2

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

Legislation au F2014L01072 Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2014/2

 

 

Background

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

 

Section 5 of the AFTRS Act sets out the functions of the School, which include:

 

(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 (Council) and all acts and things done in the name of, or on behalf of, the School by the Council or with the authority of the Council shall be deemed to have been done by the School.

 

History

Before 31 August 2005, the relevant degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) were those provided for by the regulations.  Regulation 4 of the Australian Film, Television and Radio School Regulations 1986 (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 AFTRS Act so that the degrees, diplomas and certificates would be specified in a determination.

 

Item 3 of that Schedule continued in force Regulation 4 until the first determination made under section 6A of the AFTRS Act was registered under the Legislative Instruments Act 2003.

 

On 18 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 29 April 2008.

 

On 27 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 30 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 3rSeptember 2008.

 

The Determination of Degrees, Diplomas and Certificates No. 2009/1 added 12 new graduate certificates, 2 new graduate diplomas, and 1 new degree to the degrees, diplomas and certificates that may be awarded by the School. 

 

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

 

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

 

The Determination of Degrees, Diplomas and Certificates No. 2011/1 added 7 new graduate certificates, 3 new graduate diplomas and 2 new degrees to the degrees, diplomas and certificates that may be awarded by the School. 

 

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

The Determination of Degrees, Diplomas and Certificates No. 2012/2 added 1 new graduate certificate and 1 new graduate diploma to the degrees, diplomas and certificates that may be awarded by the School. 

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

 

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

 

Determination No. 2014/2 

 

The Determination of Degrees, Diplomas and Certificates No. 2014/2 adds 14 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

DIPLOMAS

 

Diploma in Editing Fundamentals

Diploma in Camera Fundamentals

Diploma in Design for the Screen

Diploma in Factual Television Fundamentals

Diploma in Sound Fundamentals

Diploma in Digital Content (Radio)

Diploma in Visual Effects Fundamentals

 

ADVANCED DIPLOMAS

 

Advanced Diploma in Radio

Advanced Diploma in Cine Essentials

Advanced Diploma in Screenwriting: Series Television

Advanced Diploma in Screenwriting: Feature Film

Advanced Diploma in Factual Storytelling

Advanced Diploma in Music Scoring for the Screen

Advanced Diploma in Producing: Story, Audience, Finance.

 

 

Consultation

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, diplomas and certificates does not impact on any other educational institution.

 

Commencement

The Determination takes effect on the day after it is registered on the Federal Register of Legislative Instruments.

 

 

 

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. 2014/2

 

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 section 6A.”

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

16 May 2014

 

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School (AFTRS) as a higher education provider, dedicated to the advancement of education and training in the fields of film, television, and radio production. This legislation was introduced to address the need for a specialised educational institution that could cater to the evolving demands of the screen industry. The AFTRS Act delineates the functions of the School, including providing advanced education, conducting approved seminars and courses, and awarding specified degrees, diplomas, and certificates as determined by legislative instruments. The Council of the Australian Film, Television and Radio School governs the School and has the authority to make determinations regarding the educational qualifications it awards. Over the years, various determinations have been made to specify the degrees, diplomas, and certificates that AFTRS can award, reflecting the changing landscape of the screen industry and the need for updated qualifications. These determinations ensure that AFTRS remains a relevant and industry-focused educational institution, capable of meeting the needs of students, professionals, and organisations in the screen arts and broadcast sectors. The legislative instrument is compatible with human rights as it facilitates access to education and supports cultural development, aligning with international human rights standards.

Scope and Application

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) establishes the Australian Film, Television and Radio School as an institution dedicated to providing advanced education and training in the screen arts and broadcast sectors. Under section 5 of the AFTRS Act, the School is tasked with awarding degrees, diplomas, and certificates specified in determinations made under section 6A. This legislative framework allows the School to define and specify the qualifications it can award, ensuring they align with industry standards and educational objectives. The Determination of Degrees, Diplomas and Certificates No. 2014/2, issued under section 6A, specifies new qualifications that the School can award, thereby expanding the range of educational opportunities it offers. This determination includes new diplomas and advanced diplomas in various areas such as editing, camera operation, design, sound, digital content, and visual effects, reflecting the evolving needs of the screen industry. The legislation applies nationally, with the School governed by a council, ensuring that its operations and qualifications are consistent with national standards and industry requirements. The determination is registered under the Legislative Instruments Act 2003 and is compatible with human rights, particularly the rights to education and cultural participation as outlined in international human rights instruments.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) outlines the functions and governance of the Australian Film, Television and Radio School (AFTRS). Specifically, section 5(1)(g) of the Act empowers the School to award 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 specified in a determination under section 6A. Section 6A allows the School to make a determination, by legislative instrument, specifying the degrees, diplomas and certificates it may award. The Determination of Degrees, Diplomas and Certificates No. 2014/2 adds fourteen new diplomas to the list of qualifications the School can award. These diplomas include both standard diplomas such as the Diploma in Editing Fundamentals and Advanced Diplomas such as the Advanced Diploma in Producing: Story, Audience, Finance. The AFTRS Act imposes several obligations on the School, primarily through the Council, which governs the School. Section 7 of the Act establishes the Council of the Australian Film, Television and Radio School, which must ensure that all acts and things done in the name of or on behalf of the School are done with its authority. The Council must also ensure that the School's determinations, such as the Determination of Degrees, Diplomas and Certificates No. 2014/2, comply with the legislative requirements and are registered accordingly. Additionally, the Council must consider the human rights implications of its decisions, as outlined in the Statement of Compatibility with Human Rights, which ensures that the determinations do not limit the rights to education and cultural participation. Breaches of the provisions outlined in the AFTRS Act and related determinations could lead to various consequences. While the Act itself does not specify penalties for non-compliance, failure to adhere to the requirements for awarding degrees, diplomas and certificates could result in legal challenges or other administrative actions. The Determination of Degrees, Diplomas and Certificates No. 2014/2, as a legislative instrument, must be registered under the Legislative Instruments Act 2003, and failure to register it properly could also have legal repercussions. Additionally, the Council’s failure to comply with human rights standards, as outlined in the Statement of Compatibility with Human Rights, could lead to scrutiny or intervention by relevant authorities. These potential consequences highlight the importance of strict adherence to the statutory requirements and the human rights considerations embedded in the AFTRS Act and its determinations.

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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.