Determination of Degrees, Diplomas and Certificates No. 2015/2

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

Legislation au F2015L01517 Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2015/2

 

 

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.

 

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.

 

The Determination of Degrees, Diplomas and Certificates No. 2015/1 adds 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Determination No. 2015/2

 

The Determination of Degrees, Diplomas and Certificates No. 2015/2 adds 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Advanced Diploma in Radio Essentials

 

 

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. 2015/2

 

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(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

 

28 August 2015

 

Overview

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) established the Australian Film, Television and Radio School (AFTRS) to provide advanced education and training in the production of programs, conduct seminars, courses of education, or training, and award degrees, diplomas, and certificates. The AFTRS Act was enacted to address the need for a national institution dedicated to the education and training of individuals in the film, television, and radio industries. The Australian Parliament enacted this Act to provide a structured framework for the operation of AFTRS and its educational offerings. The primary policy objective of the AFTRS Act is to foster the development of expertise and skills within the screen and broadcast industries through tailored educational programs and qualifications. The Determination of Degrees, Diplomas and Certificates No. 2015/2, issued under the AFTRS Act, specifies additional qualifications that AFTRS can award, thereby expanding the educational offerings of the institution. This determination adds an Advanced Diploma in Radio Essentials to the qualifications AFTRS can confer, reflecting the evolving needs of the industry and enhancing AFTRS's role in providing industry-focused education and training. The Council of AFTRS considered that no further consultation was necessary for this determination, given AFTRS's status as a self-accrediting institution and the minimal impact on other educational entities. The determination aligns with international human rights standards, particularly the rights to education and participation in cultural life, by making higher education more accessible and supporting the development of cultural industries.

Scope and Application

The Australian Film, Television and Radio School Act 1973 applies to the Australian Film, Television and Radio School, a higher education institution established under this Act. The Act outlines the functions of the School, including providing advanced education and training related to the production of programs, conducting seminars and courses for those engaged in program production, and awarding degrees, diplomas, and certificates as specified by the School's Council. The Council has the authority to make determinations regarding the degrees, diplomas, and certificates awarded by the School, as stipulated under Section 6A of the Act. This legislative framework allows the School to specify the qualifications it will confer, ensuring alignment with its educational objectives and industry needs. The Act applies across the Commonwealth of Australia, governing the School's operations and the qualifications it can offer. The legislation does not specify any exclusions or exemptions, but its application is subject to the subordinate instruments it creates, such as the Determination of Degrees, Diplomas and Certificates. The Act’s provisions are compatible with human rights, particularly the right to education and the right to take part in cultural life, as it facilitates access to higher education in the screen arts and broadcast sectors, thereby contributing to cultural development.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) outlines the primary functions of the Australian Film, Television and Radio School (AFTRS), which include providing advanced education and training in the production of programs, conducting approved seminars and courses of education or training, and awarding degrees, diplomas, and certificates as specified in a determination under section 6A. Section 6A of the Act allows the School to specify these qualifications through a legislative instrument. This process was previously governed by regulations, but amendments in 2005 shifted the responsibility for specifying these qualifications to determinations under section 6A. This legislative instrument, the Determination of Degrees, Diplomas and Certificates No. 2015/2, specifies the qualifications that AFTRS can award, ensuring alignment with the School's educational and training objectives. The AFTRS Act imposes several obligations on the AFTRS. Firstly, it mandates that the School be governed by a Council, referred to as the Council of the Australian Film, Television and Radio School. All actions taken in the name of or on behalf of the School by the Council or with its authority are deemed to be actions of the School itself. Additionally, the Council must ensure that any new degrees, diplomas, or certificates awarded are specified in a determination under section 6A. This process involves considering the educational needs and the potential impact on personal rights, although in this instance, the Council determined that no further consultation was necessary. The Act also includes provisions for the establishment of new qualifications through determinations. These determinations, such as the Determination of Degrees, Diplomas and Certificates No. 2015/2, add specific qualifications to those the School can award. This ensures that AFTRS remains responsive to industry needs and educational advancements. The Act ensures that the qualifications specified in these determinations are registered on the Federal Register of Legislative Instruments, making them legally binding upon registration. The Council must ensure compliance with these legislative instruments to maintain the School’s accreditation and educational standards. The AFTRS Act does not explicitly outline specific offences, penalties, or consequences for breaches related to the determination of degrees, diplomas, and certificates. However, failure to comply with the Act's provisions, including the accurate specification and registration of qualifications, could potentially lead to legal challenges regarding the validity of the qualifications awarded. Such non-compliance could also impact the School's accreditation and reputation, leading to broader educational and professional consequences for the students and the industry. The School must therefore ensure meticulous adherence to the legislative process and the Act's requirements to avoid any adverse outcomes.

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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.