Determination of Degrees, Diplomas and Certificates No. 2014/3

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

Legislation au F2014L01572 Not in force Legislative Instrument

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Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2014/3

 

 

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.

 

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

 

 

Determination No. 2014/3

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

 

 

Diploma in Directing Comedy

 

 

 

 

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. 2014/3

 

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

31 October 2014

 

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School (AFTRS) and to outline its functions, which include providing advanced education and training in the production of programs and awarding degrees, diplomas and certificates. The legislation empowers the AFTRS to specify the qualifications it can award through a legislative instrument. The Determination of Degrees, Diplomas and Certificates No. 2014/3 was made by the Council of the AFTRS under section 6A of the AFTRS Act and adds a new diploma to the list of qualifications that AFTRS can award. The Council determined that no consultation was necessary for this legislative instrument. The determination aligns with the human rights recognised in international instruments, particularly the right to education and the right to take part in cultural life, by enabling AFTRS to offer industry-focused education and training in screen arts and broadcast. This legislative instrument was introduced to ensure the AFTRS can continue to offer relevant and up-to-date qualifications in the screen arts and broadcast industry.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2014/3 applies to the Australian Film, Television and Radio School (AFTRS), a higher education provider established under the Australian Film, Television and Radio School Act 1973. This legislative instrument is concerned with specifying the new degrees, diplomas, and certificates that AFTRS is authorised to award, as stipulated in section 6A of the AFTRS Act. The determination allows AFTRS to add new qualifications to its suite of offerings, thereby enhancing its ability to provide industry-focused education and training in the screen arts and broadcast sectors. The legislation is applicable nationally, given that AFTRS is a Commonwealth-established institution, and its scope is limited to the educational qualifications it may confer. The Act does not specify any exclusions, exemptions, or thresholds for the qualifications it can determine, leaving this flexibility to AFTRS, subject to compliance with relevant educational standards and practices. The applicability of the Act is further extended or restricted through subordinate instruments, such as the various determinations made over the years to add new qualifications. This legislative framework ensures that AFTRS can adapt its educational offerings to meet the evolving needs of the industry while maintaining high standards of education and training.

Key Provisions

Section 6A of the Australian Film, Television and Radio School Act 1973 (AFTRS Act) empowers the AFTRS to specify the degrees, diplomas, and certificates it can award through a legislative instrument. This authority is exercised under Section 6A, which mandates that the School can, through such an instrument, detail the qualifications it can confer. This determination is crucial as it ensures that the educational offerings of AFTRS are formally recognised and aligned with its educational objectives and industry needs. The Determination of Degrees, Diplomas and Certificates No. 2014/3 adds a new Diploma in Directing Comedy to the list of qualifications AFTRS can award, expanding its educational portfolio. The AFTRS Act imposes several obligations on the Council of the Australian Film, Television and Radio School. These include ensuring that any determination of degrees, diplomas, and certificates is made in accordance with the legislative framework provided by the AFTRS Act and the Legislative Instruments Act 2003. The Council must also ensure that the determination is registered on the Federal Register of Legislative Instruments to become effective. Additionally, the Council must ensure that the qualifications it determines are relevant to the School's functions, particularly those related to the education and training of individuals in the screen arts and broadcast sectors. The Council's role is pivotal in maintaining the School's educational standards and relevance in a rapidly evolving industry. Breaches of the provisions outlined in the AFTRS Act and its determinations could lead to various legal consequences. Although the Act itself does not specify particular offences or penalties for non-compliance with its provisions, failure to adhere to the legislative requirements for determining qualifications could result in the qualifications not being recognised. This could have significant ramifications for students, potentially affecting their ability to pursue careers in the screen arts and broadcast industries. Additionally, the failure to properly register a determination under the Legislative Instruments Act 2003 could render the determination ineffective, thereby impacting the School's ability to offer the specified qualifications. The implications of such failures underscore the importance of strict adherence to legislative requirements by the Council of AFTRS.

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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.