Determination of Degrees, Diplomas and Certificates No. 2024/1

Overview

The Australian Film, Television and Radio School Act 1973, enacted by the Commonwealth Parliament, establishes the Australian Film, Television and Radio School (AFTRS) as a national institution dedicated to advanced education and training in film, television, and radio production. The Act aimed to fill a gap in specialised educational resources for the screen and broadcast industry, providing industry-focused education and training. Under section 6A of the Act, AFTRS has the authority to determine the degrees, diplomas, and certificates it awards. This legislative power was exercised with the recent Determination of Degrees, Diplomas and Certificates No. 2024/1, which introduces two new graduate certificates to the offerings of AFTRS. This determination ensures AFTRS remains aligned with industry needs and educational standards, thereby supporting the policy objective of fostering talent in the screen arts and broadcast sectors. The legislation is compatible with human rights, particularly the right to education and participation in cultural life, as it provides accessible and industry-relevant educational opportunities.

Scope and Application

The Australian Film, Television and Radio School Act 1973, as amended by the Determination of Degrees, Diplomas and Certificates No. 2024/1, governs the functions and activities of the Australian Film, Television and Radio School (AFTRS), which is a self-accrediting higher education provider. This legislation applies specifically to the School and its Council, who are responsible for determining the degrees, diplomas, and certificates that AFTRS awards, as specified under section 6A of the AFTRS Act. The recent legislative instrument, Determination No. 2024/1, introduces two new graduate certificates: the Graduate Certificate in Radio and Podcasting and the Graduate Certificate in Arts Screen, expanding the range of qualifications offered by the School. The act's jurisdiction is national, as it operates under the Commonwealth of Australia, but its application is limited to the specific functions and operations of AFTRS. The legislation does not explicitly provide for exclusions, exemptions, or thresholds, but its applicability is inherently constrained to the School's educational offerings. Any further extension or restriction of the application is left to potential subordinate instruments made by the School under the authority of the AFTRS Act. The 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 School’s mission to provide industry-focused education and training in screen arts and broadcasting.

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), including the provision of advanced education and training in the production of programs, the conduct of approved seminars and courses, and the awarding of degrees, diplomas, and certificates as specified in a determination under section 6A (1). This legislative framework allows AFTRS to specify the types of degrees, diplomas, and certificates it may award, which is detailed in Determination No. 2024/1. This determination introduces two new graduate certificates: the Graduate Certificate in Radio and Podcasting and the Graduate Certificate in Arts Screen. The obligations imposed by the AFTRS Act on AFTRS and its Council include the governance and administration of the institution, with all actions taken by the Council being considered as actions of the School itself (section 7). Additionally, the School must ensure that the degrees, diplomas, and certificates it awards are specified in a determination made under section 6A of the AFTRS Act. The Council of AFTRS, as a self-accrediting institution, must consider the implications of the Legislative Instruments Act 2003, particularly in terms of personal rights and consultation requirements, before making such determinations. In this instance, the Council determined that no consultation was necessary after reviewing the specified matters in Section 17 of the Legislative Instruments Act 2003. The Determination No. 2024/1 introduces no new offences or penalties but ensures that AFTRS remains compliant with its statutory obligations to specify the qualifications it can award. Failure to adhere to the requirements of the AFTRS Act or the terms of a determination could lead to legal consequences, although the Determination itself does not specify penalties. The legislative framework is designed to ensure that AFTRS operates within the bounds of its statutory functions and that the qualifications it awards are appropriate and recognised. The Determination takes effect on the day after it is registered on the Federal Register of Legislative Instruments, ensuring timely implementation of the new qualifications. The compatibility of the Determination with human rights is affirmed in the Statement of Compatibility with Human Rights, prepared under the Human Rights (Parliamentary Scrutiny) Act 2011. The Determination aligns with international human rights standards, particularly the right to education and the right to take part in cultural life, as outlined in the International Covenant on Economic, Social and Cultural Rights. By offering new graduate certificates, AFTRS enhances accessibility to higher education in the screen arts and broadcast sectors, thereby contributing to the development of culture and the enrichment of common cultural values. This alignment with human rights ensures that AFTRS's operations not only comply with legal requirements but also support broader educational and cultural objectives.