Determination of Degrees, Diplomas and Certificates No. 2016/1

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

Legislation au F2016L00477 Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2016/1

 

 

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. 2015/2 added 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Determination No. 2016/1

 

The Determination of Degrees, Diplomas and Certificates No. 2015/2 adds 3 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Advanced Diploma in Art Direction

Diploma in Camera Assisting

Diploma in Grading

 

 

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. 2016/1

 

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 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.

 

 

Darren Dale
Deputy Chair of Council

Australian Film, Television and Radio School

 

25 February 2016

Overview

The Australian Film, Television and Radio School Act 1973, enacted by the Parliament of Australia, establishes the Australian Film, Television and Radio School (AFTRS) and delineates its functions, which include providing advanced education and training in the production of programs. This Act aimed to address the need for a specialised institution dedicated to the education and training of professionals in the film, television, and radio industries. Section 6A of the Act allows AFTRS to specify degrees, diplomas, and certificates to be awarded by making determinations through legislative instruments. The Determination of Degrees, Diplomas and Certificates No. 2016/1, introduced under this authority, adds three new diplomas to the qualifications AFTRS can award, reflecting the institution's ongoing commitment to updating its educational offerings in line with industry needs. The determination was made without the requirement for consultation, as AFTRS is a self-accrediting institution and the addition of these qualifications does not impact other educational providers. The determination is compatible with human rights, particularly the right to education and the right to take part in cultural life, as it supports the development of cultural industries in Australia.

Scope and Application

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) establishes the Australian Film, Television and Radio School (AFTRS), which is authorised to award degrees, diplomas, and certificates as specified in a determination under section 6A of the Act. The AFTRS Act applies to the School as an institution and its Council, which governs the School, ensuring that all actions taken in the School's name are deemed to have been done by the School. The geographic reach of the AFTRS Act is national, as it is a Commonwealth Act, thereby extending its application across Australia. The Act allows for the extension and restriction of its application through subordinate instruments, such as the Determination of Degrees, Diplomas and Certificates No. 2016/1, which adds three new diplomas to the qualifications AFTRS can award. This particular determination specifies the Advanced Diploma in Art Direction, Diploma in Camera Assisting, and Diploma in Grading, enhancing the educational offerings of AFTRS. The Act does not explicitly outline exclusions or exemptions, but the nature of the School's focus on screen arts and broadcast education implicitly defines its scope. The Determination of Degrees, Diplomas and Certificates No. 2016/1 was made under the authority granted by section 6A of the AFTRS Act, which permits the School to specify the degrees, diplomas, and certificates it may award through a legislative instrument. This Determination adds three new diplomas to the qualifications offered by AFTRS, reflecting the School's role in providing industry-focused education and training in screen arts and broadcast professions. The determination was registered on the Federal Register of Legislative Instruments and took effect on the day after registration, thereby formalising the School’s capability to offer these new qualifications. The Council of AFTRS was satisfied that no consultation was required, given that the School is a self-accrediting institution and the addition of new qualifications does not impact other educational institutions. This legislative instrument aligns with human rights by advancing the right to education and participation in cultural life, consistent with international covenants and Australia's obligations.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) outlines the School's functions, including providing advanced education and training related to the production of programs, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates specified in a determination under section 6A (1). Section 6A empowers the School to make such determinations through legislative instruments, while section 7 establishes the School's governance by a council, with all actions taken in its name deemed to be done by the School itself. The Determination of Degrees, Diplomas and Certificates No. 2016/1 specifies additional qualifications that the AFTRS may award, in line with its functions under section 5(1)(g) of the AFTRS Act. This includes the Advanced Diploma in Art Direction, Diploma in Camera Assisting, and Diploma in Grading. These determinations enable the School to expand its offerings in line with industry needs and advancements in the screen arts sector. The AFTRS, governed by the Council, has an obligation to ensure its determinations align with the educational and cultural objectives outlined in the AFTRS Act. The Council must ensure that any new qualifications introduced are relevant to the industry and meet the educational standards expected from a specialised institution like AFTRS. Additionally, the School must ensure that the qualifications are accessible and contribute to the development of the screen arts culture in Australia. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this determination. However, any non-compliance with the AFTRS Act or the terms of the determination could potentially lead to legal challenges or administrative actions. The School, through its council, must ensure adherence to the legislative requirements and the terms of the determination to avoid any such repercussions.

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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.