Determination of Degrees, Diplomas and Certificates No. 2020/1

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

Legislation au F2020L01130 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. 2020/1

 

 

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 2007/1 made under section 6A of the AFTRS Act was registered under the Legislative Instruments Act 2003 on 27 November 2007.

 

The Determination of Degrees, Diplomas and Certificates 2008/1 added one new graduate certificate to the degrees, diplomas and certificates that may be awarded by the School and was registered on 29 April 2008.

 

The Determination of Degrees, Diplomas and Certificates 2008/2 added 1 new diploma and 2 new graduate diplomas to the degrees, diplomas and certificates that may be awarded by the School and were registered on 30 July 2008.

 

The Determination of Degrees, Diplomas and Certificates 2008/03 added 5 new graduate certificates and 11 new graduate diplomas to the degrees, diplomas and certificates that may be awarded by the School and were registered on 3 September 2008.

 

The Determination of Degrees, Diplomas and Certificates No. 2009/1 added 12 new graduate certificates, 2 new graduate diplomas, and 1 new master’s degree to the degrees, diplomas and certificates that may be awarded by the School and were registered on 4 June 2009.

 

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 and was registered on 11 September 2009.

 

The Determination of Degrees, Diplomas and Certificates No. 2010/1 added 1 new graduate certificate and 1 new graduate diploma to the degrees, diplomas and certificates that may be awarded by the School and were registered on 14 July 2010.

 

The Determination of Degrees, Diplomas and Certificates No. 2011/1 added 7 new graduate certificates, 3 graduate diplomas, and 2 new master’s degrees to the degrees, diplomas and certificates that may be awarded by the School and were registered on 17 August 2011.

 

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 and was registered on 30 July 2012.
 

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 and were registered on 27 August 2012.

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 and was registered on 21 September 2012.

 

The Determination of Degrees, Diplomas and Certificates No. 2014/1 added 1 new bachelor and 2 new master’s degrees to the degrees, diplomas and certificates that may be awarded by the School and were registered on 5 March 2014.

 

The Determination of Degrees, Diplomas and Certificates No. 2014/2 added 7 new diplomas and 7 new advanced diplomas to the degrees, diplomas and certificates that may be awarded by the School and were registered 4 August 2014.

 

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 and was registered on 24 November 2014.

 

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 and were registered on17 December 2014.

 

The Determination of Degrees, Diplomas and Certificates No. 2015/2 added 1 new advanced diploma to the degrees, diplomas and certificates that may be awarded by the School and was registered on 25 September 2015.

 

The Determination of Degrees, Diplomas and Certificates No. 2016/1 added 1 new advanced diploma and 2 new diplomas to the degrees, diplomas and certificates that may be awarded by the School and were registered on 1 April 2016.

 

The Determination of Degrees, Diplomas and Certificates No. 2016/2 added 6 new diplomas, 6 new advanced diplomas, 8 new graduate certificates, 1 new graduate diploma, 1 new bachelor’s degree and 2 new master’s degrees to the degrees, diplomas and certificates that may be awarded by the School and were registered on 4 July 2016.

 

The Determination of Degrees, Diplomas and Certificates No. 2016/3 added 1 new diploma, 1 new advanced diploma, 8 new graduate certificates, 1 new bachelor’s degree and 1 new master’s degree to the degrees, diplomas and certificates that may be awarded by the School and were registered on 10 November 2016.

 

The Determination of Degrees, Diplomas and Certificates No. 2017/1 added 1 new diploma to the degrees, diplomas and certificates that may be awarded by the School and was registered on 15 March 2017.

 

The Determination of Degrees, Diplomas and Certificates No. 2017/2 added 5 new diplomas, 5 new advanced diplomas, 1graduate certificate and 1 graduate diploma to the degrees, diplomas and certificates that may be awarded by the School and were registered on 22 June 2017.

 

Determination No. 2020/1

The Determination of Degrees, Diplomas and Certificates No. 2020/1 adds 1 new diploma, 1 new advanced diploma and 1 new graduate diploma to the degrees, diplomas and certificates that may be awarded by the School.

 

Diploma in Arts Screen: Production

Advanced Diploma in Arts Screen: Production

Graduate Diploma in Arts Screen

 

Consultation

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. 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.

 

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. 2020/1

 

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.

 

 

17 July 2020

 

 

Sign:

 

 

Russel Howcroft
Chair of Council

Australian Film, Television and Radio School

Overview

The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School as a higher education institution dedicated to the advancement of knowledge and skills in film, television, and radio production. This Act aims to provide advanced education and training and award degrees, diplomas, and certificates related to these fields. The Act was enacted by the Australian Parliament and addresses the need for a specialised institution to foster talent in the screen and broadcast industries. Section 6A of the Act allows the School to specify the degrees, diplomas, and certificates it may award through legislative instruments, ensuring that the institution can adapt its offerings to meet industry demands and educational standards. The Determination of Degrees, Diplomas and Certificates No. 2020/1, introduced under this Act, adds new qualifications to the School’s offerings, thereby enhancing its capacity to provide industry-focused education and training. The 2020 Determination builds upon the legislative framework established by the Act, allowing the Australian Film, Television and Radio School to respond to evolving industry needs and educational trends. This legislative instrument 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 and broadcast competencies in Australia. By enabling the School to offer new qualifications, the Determination reinforces the institution's role in producing skilled professionals who contribute to the cultural and broadcast sectors. The Council of the Australian Film, Television and Radio School determined that no further consultation was necessary, given the institution's self-accrediting status and the non-intrusive nature of the new qualifications on other educational entities.

Scope and Application

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (AFTRS) and specifies its functions, which include providing advanced education and training related to the production of programs, conducting approved seminars and courses, and awarding degrees, diplomas, and certificates as specified in a determination. The AFTRS is governed by a council, with all its acts and things done in its name deemed to be done by the School itself. The legislation has undergone amendments, particularly concerning the specification of degrees, diplomas, and certificates, transitioning from regulation to a determination process under section 6A. This legislative instrument, the Determination of Degrees, Diplomas and Certificates No. 2020/1, adds new qualifications that AFTRS is authorised to award, including a Diploma in Arts Screen: Production, an Advanced Diploma in Arts Screen: Production, and a Graduate Diploma in Arts Screen. These qualifications are intended to enhance the School's offerings in screen arts and broadcast education, aligning with its role as Australia's national screen arts and broadcast school. The determination is made in accordance with the AFTRS Act and 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 culture through industry-focused education and training.

Key Provisions

The Determination of Degrees, Diplomas and Certificates No. 2020/1 amends the Australian Film, Television and Radio School Act 1973 (AFTRS Act) by adding new qualifications that the School can award. Specifically, section 6A of the AFTRS Act permits the School to specify degrees, diplomas, and certificates through a legislative instrument, and this Determination lists the new qualifications under section 6A(1)(g). The new qualifications added by this Determination are a Diploma in Arts Screen: Production, an Advanced Diploma in Arts Screen: Production, and a Graduate Diploma in Arts Screen. These qualifications will now be available for students to pursue under the auspices of the School. The AFTRS Act, through section 5(1), outlines the functions of the School, including the awarding of degrees, diplomas, and certificates as specified in a determination under section 6A. The Council of the Australian Film, Television and Radio School, established under section 7 of the AFTRS Act, is responsible for governing the School and has the authority to make determinations about the qualifications that can be awarded. This Determination ensures that the School can continue to offer and award these new qualifications, aligning with its educational objectives and the needs of the screen and broadcast industry. There are no specific offences, penalties, or consequences for breach outlined in the Determination itself. However, the AFTRS Act and the Legislative Instruments Act 2003 provide the framework within which the School operates. The School must ensure that its operations comply with all relevant legislative requirements, including those related to the registration and awarding of qualifications. Failure to comply with these requirements could potentially lead to legal consequences, although the specific penalties would depend on the nature and severity of the non-compliance, as governed by the relevant legislation. The Determination does not create new offences or penalties but operates within the existing legal framework to facilitate the School’s function of awarding specified qualifications.

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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.