Determination of Degrees, Diplomas and Certificates No. 2016/2

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

Legislation au F2016L01153 In force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Australian Film, Television and Radio School Act 1973

 

Determination of Degrees, Diplomas and Certificates No. 2016/2

 

 

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. 2015/2 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. 2016/1 added 3 new diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

 

Determination No. 2016/2

The Determination of Degrees, Diplomas and Certificates No. 2016/2 adds 24 new diplomas to the degrees, diplomas and certificates that may be awarded by the School.

 

Diploma in Editing

Diploma in Camera

Diploma in Production Management

Diploma in Screen Business

Diploma in Screen Design

Diploma in Social Video

Advanced Diploma in Editing

Advanced Diploma in Production Sound

Advanced Diploma in Screenwriting - Feature Film

Advanced Diploma in Screenwriting - Series Television

Advanced Diploma in Script Editing and Development

Advanced Diploma in Visual Effects

Bachelor of Arts Screen – Production

Graduate Certificate Screen - Business

Graduate Certificate Screen - Cinematography

Graduate Certificate Screen - Documentary

Graduate Certificate Screen - Creative Producing

Graduate Certificate Screen - Directing

Graduate Certificate Screen - Editing

Graduate Certificate Screen - Music

Graduate Certificate Screen – Screenwriting

Graduate Diploma in Radio

Master of Arts Screen

Master of Arts Screen - Business and Leadership

 

 

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.

 

Signed

 

 

 

 

 

Professor Julianne Schultz AM FAHA
Chair of Council

Australian Film, Television and Radio School

 

30 June 2016

Overview

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (AFTRS) and outlines its functions, which include providing advanced education and training in the production of programs and awarding degrees, diplomas and certificates. The Act was enacted to address the need for a specialised educational institution dedicated to the screen arts and broadcast media. Under section 6A of the Act, AFTRS has the authority to specify the degrees, diplomas and certificates it awards by legislative instrument. The Determination of Degrees, Diplomas and Certificates No. 2016/2, introduced by the Council of the Australian Film, Television and Radio School, adds 24 new diplomas to the list of qualifications the School can award. This determination is designed to expand the educational offerings of AFTRS and meet the evolving needs of the screen industry. The Council determined that no consultation was required for this determination, as it does not impact other educational institutions and aligns with AFTRS's role as a self-accrediting institution. The determination also reflects the school's commitment to advancing cultural and educational human rights by providing industry-focused education and training.

Scope and Application

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) governs the operations of the Australian Film, Television and Radio School (AFTRS), establishing it as a higher education provider with specific functions outlined in Section 5(1) of the Act. These functions include providing advanced education and training in the production of programs, conducting seminars and courses for industry professionals, and awarding degrees, diplomas, and certificates as specified in determinations under Section 6A. The Act mandates that the AFTRS is governed by a council, with all actions taken on behalf of the School by the council deemed to be actions of the School itself. The Determination of Degrees, Diplomas and Certificates No. 2016/2, a legislative instrument under the AFTRS Act, specifies additional degrees, diplomas, and certificates that AFTRS can award. This determination is consistent with the human rights recognised in international instruments, particularly the right to education and the right to take part in cultural life, as it facilitates the School's role in providing industry-focused education and training in the screen arts. The determination does not require consultation as it does not affect other educational institutions and is compatible with human rights as it promotes the protection of these rights without limiting them.

Key Provisions

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) includes provisions for the School to award degrees, diplomas, and certificates as specified in a determination under section 6A (1). This section allows the School to make a legislative instrument to specify these qualifications. The most recent determination, the Determination of Degrees, Diplomas and Certificates No. 2016/2, adds 24 new diplomas to the list of qualifications the School can award. This determination aligns with section 5(1)(g) of the AFTRS Act, which outlines the School’s function to award such qualifications as specified in a determination. The obligations and requirements imposed by the AFTRS Act on the School and its Council are primarily focused on the governance and operation of the institution. Section 7 of the Act establishes the Council as the governing body of the School, with 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 deemed to have been done by the School. The Council's role includes ensuring that the qualifications awarded by the School are in line with the determinations made under section 6A of the AFTRS Act. The Council is also responsible for the overall management and administration of the School, including the approval of courses and seminars as outlined in section 5(1)(c). The AFTRS Act does not explicitly outline offences, penalties, or consequences for breaches related to the determination of degrees, diplomas, and certificates. However, the Act’s provisions imply that any failure to comply with the determinations or the governance structure outlined in the Act could be subject to legal scrutiny and potential consequences. For instance, if the Council fails to ensure that the qualifications awarded align with the determinations, this could potentially lead to legal challenges or sanctions. The determinations themselves do not specify penalties for non-compliance but the overarching governance framework and legal obligations under the AFTRS Act would apply. In conclusion, the Determination of Degrees, Diplomas and Certificates No. 2016/2 adds significant new qualifications to the offerings of the Australian Film, Television and Radio School. This addition is in line with the School’s function to provide advanced education and training in the screen arts, as outlined in section 5(1) of the AFTRS Act. The Council of the School has a pivotal role in ensuring that these qualifications meet the standards and requirements set out in the Act. While the Act does not detail specific penalties for breaches related to these determinations, the legal framework ensures that compliance is crucial for the School’s operations.

Legal classification tags

Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.