Determination of Degrees, Diplomas and Certificates No. 2014/4

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

Legislation au F2014L01739 Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2014/4

 

 

Background

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

 

Section 5 (1) 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.

 

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

 

Determination No. 2014/4 

 

The Determination of Degrees, Diplomas and Certificates No. 2014/4 adds 2 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

 

DIPLOMAS

 

Diploma in Factual Television: from Idea to Screen

Diploma in Factual Television: Real Lives on Screen

 

 

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. 2014/4

 

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(1)(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

5 December 2014

 

Overview

The Australian Film, Television and Radio School Act 1973, enacted by the Commonwealth Parliament, establishes the Australian Film, Television and Radio School (AFTRS) as a higher education provider dedicated to the screen arts and broadcast industry. The Act identifies the need for advanced education and training in the production of programs, as well as the provision of seminars and courses of education or training for those involved in the production of programs. Section 6A of the Act allows the School to specify degrees, diplomas and certificates through a legislative instrument, facilitating the evolution of its educational offerings to meet industry demands. The Determination of Degrees, Diplomas and Certificates No. 2014/4, issued under the authority of the Act, adds two new diplomas to the qualifications that AFTRS can award. This determination aligns with international human rights obligations, particularly the right to education and the right to take part in cultural life, by making higher education in the screen arts more accessible and contributing to the development of culture.

Scope and Application

The Determination of Degrees, Diplomas and Certificates No. 2014/4 pertains to the Australian Film, Television and Radio School (AFTRS), a higher education provider established under the Australian Film, Television and Radio School Act 1973. The Act empowers AFTRS to award degrees, diplomas, and certificates as specified in a determination under section 6A, fulfilling its function to provide advanced education and training related to screen arts and broadcast. This determination specifically adds two new diplomas, namely the Diploma in Factual Television: from Idea to Screen and the Diploma in Factual Television: Real Lives on Screen, to the list of qualifications that AFTRS can award. The scope of this legislative instrument is limited to educational qualifications and does not impact other educational institutions as AFTRS operates as a self-accrediting body. The Council of the Australian Film, Television and Radio School considered that no further consultation was necessary, given the nature of the amendments and the institution's self-accrediting status. The determination aligns with human rights by facilitating access to education and contributing to cultural development, consistent with international human rights standards. This legislative instrument applies to the Australian Film, Television and Radio School and the students it educates, focusing on the types of qualifications that can be awarded by the institution. The jurisdictional reach of this Act is national, as it is enacted under Commonwealth law. There are no stated exclusions or thresholds in this particular determination, but the overall framework of the AFTRS Act and its governing regulations may include other stipulations. The application of this Act can be extended or restricted through subordinate instruments, such as further determinations regarding additional qualifications, but this specific determination focuses solely on the addition of the two new diplomas.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) authorises the Australian Film, Television and Radio School (School) to determine the degrees, diplomas, and certificates it awards, as specified under section 6A. This function is crucial for aligning the School's educational offerings with industry needs and maintaining its status as a leading institution in screen arts and broadcast training. The most recent legislative instrument, Determination of Degrees, Diplomas and Certificates No. 2014/4, adds two new diplomas to the School's offerings: the Diploma in Factual Television: from Idea to Screen and the Diploma in Factual Television: Real Lives on Screen. This determination is effective from the day it is registered on the Federal Register of Legislative Instruments. The AFTRS Act imposes several obligations on the School, primarily through the governance structure outlined in section 7, which establishes the Council of the Australian Film, Television and Radio School (Council). The Council is responsible for the School's operations and decisions, including the determination of degrees, diplomas, and certificates. The School must ensure that any determination made under section 6A aligns with the educational goals and industry requirements as specified in section 5(1)(g) of the AFTRS Act. Additionally, the School must comply with the legislative requirements for registering new qualifications on the Federal Register of Legislative Instruments. Breaching the obligations under the AFTRS Act can result in various consequences. While the Act itself does not explicitly detail specific offences or penalties for non-compliance, breaches of legislative instruments generally may be subject to legal scrutiny and potential administrative actions. For example, if the School fails to register a new qualification on the Federal Register of Legislative Instruments, it may face administrative penalties or legal challenges regarding the validity of the qualification. Furthermore, if the School's determinations do not align with the educational standards or industry needs, it may affect its accreditation status and reputation within the educational sector. The human rights implications of the Determination of Degrees, Diplomas and Certificates No. 2014/4 are also noteworthy. The School's function of awarding degrees, diplomas, and certificates engages with the right to education, as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights. This right ensures that higher education is accessible to all on the basis of capacity, which the School aims to uphold by offering industry-focused programs. Additionally, the School's role in providing screen arts and broadcast training contributes to the right to take part in cultural life, as recognised in Article 15 of the International Covenant on Economic, Social and Cultural Rights. By offering specialised programs, the School supports cultural development and the enrichment of common cultural and moral values, as highlighted in General Comment No 21 by the UN Committee on Economic, Social and Cultural Rights.

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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.