Determination of Degrees, Diplomas and Certificates No. 2021/1

Overview

The Australian Film, Television and Radio School Act 1973 (AFTRS Act) establishes the Australian Film, Television and Radio School (AFTRS) as a higher education provider with specific functions, including the provision of advanced education and training in film, television, and radio production, as well as the awarding of degrees, diplomas, and certificates. The AFTRS Act was enacted to address the need for a specialised institution dedicated to the education and training of professionals in the screen arts and broadcast industry. The determination of degrees, diplomas, and certificates by the AFTRS is overseen by the Council of the School, which is governed under section 7 of the Act. The Determination of Degrees, Diplomas and Certificates No. 2021/1, made under section 6A of the AFTRS Act, introduces a new Graduate Diploma in Radio and Podcasting, reflecting the evolving nature of media production. This legislative instrument ensures that AFTRS remains aligned with industry needs while providing high-quality education and training opportunities. The determination process does not require consultation as per Section 17 of the Legislative Instruments Act 2003, and the new qualification will take effect upon registration on the Federal Register of Legislative Instruments. The instrument has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, demonstrating its compatibility with human rights, particularly the right to education and the right to take part in cultural life.

Scope and Application

The Australian Film, Television and Radio School Act 1973 establishes the Australian Film, Television and Radio School (AFTRS) as a higher education provider with specific functions including the provision of advanced education and training in film, television, and radio production, as well as the conduct of approved seminars and courses for industry professionals. The Act mandates that the School be governed by a council, which has the authority to make determinations under section 6A regarding the degrees, diplomas, and certificates awarded by AFTRS. The Determination of Degrees, Diplomas and Certificates No. 2021/1, made pursuant to section 6A, introduces a new Graduate Diploma in Radio and Podcasting, expanding the range of qualifications AFTRS can offer. The determination is applicable to AFTRS as an educational institution and does not affect other educational entities, as AFTRS is a self-accrediting institution. The new qualification is designed to meet the evolving needs of the media industry, providing specialised training in radio and podcasting. The determination took effect on the day after its registration on the Federal Register of Legislative Instruments and has been deemed compatible with human rights, particularly the right to education and participation in cultural life, as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Determination of Degrees, Diplomas and Certificates No. 2021/1 under the Australian Film, Television and Radio School Act 1973 (AFTRS Act) adds a new Graduate Diploma in Radio and Podcasting to the degrees, diplomas and certificates that the Australian Film, Television and Radio School (AFTRS) may award. This addition is pursuant to section 6A of the AFTRS Act, which allows the School to specify such qualifications through a legislative instrument. The new Graduate Diploma is intended to meet the growing demand for skilled professionals in radio and podcasting, reflecting the evolving media landscape. The determination is effective from the day after it is registered on the Federal Register of Legislative Instruments. The AFTRS Act imposes several obligations on the Australian Film, Television and Radio School. Firstly, under section 5(1), the School must provide advanced education and training in the production of programs, conduct approved seminars and courses, and award degrees, diplomas and certificates as specified in a determination. The Council of the AFTRS, established under section 7, has the authority to act on behalf of the School. The legislative instrument requires the School to ensure that the new Graduate Diploma meets the educational standards and industry needs. Furthermore, the School must comply with any additional requirements or guidelines stipulated in the determination or by relevant authorities. Breaching the requirements set out in the AFTRS Act or the Determination of Degrees, Diplomas and Certificates No. 2021/1 can lead to various consequences. While the specific provisions for penalties are not detailed in the excerpt, the AFTRS Act generally provides for sanctions in case of non-compliance with its provisions. These can include civil penalties, such as fines, or criminal penalties, depending on the nature and severity of the breach. For example, if the School fails to award qualifications in accordance with the legislative instrument, it could face legal action from students or regulatory scrutiny from educational authorities. Additionally, any misrepresentation of qualifications could lead to criminal charges under relevant consumer protection laws. The Council of the AFTRS, acting under the authority granted by section 7 of the AFTRS Act, must ensure that the new Graduate Diploma aligns with the School's educational mission and industry standards. This includes setting appropriate curriculum, assessment methods, and quality assurance processes. Failure to do so could result in legal challenges, loss of accreditation, or damage to the School's reputation. Moreover, the School must maintain records and provide transparency in its qualification processes to comply with the AFTRS Act and any other applicable regulations. The determination also engages with human rights, particularly the right to education and participation in cultural life, ensuring that the new qualification supports broader cultural and educational objectives.