Changes are coming to the Entertainment Industry

The entertainment industry employs thousands of people in NSW and generates economic activity worth hundreds of millions of dollars per year. It is diverse, covering a wide range of artistic endeavours such as acting, music, dance, theatre and modelling.

Agents, managers and venue consultants play a key role in the industry by acting as negotiators and important links between performers and the clubs, pubs, theatres, production companies and other employers that seek to engage them.

The Entertainment Industry Act 1989 was introduced to protect performers from representatives that are prepared to act unscrupulously. It required representatives to obtain a licence from the NSW Industrial Relations to work in NSW and regulates how they must operate.

The licensing regime was designed to provide a means of excluding unsuitable people from working in the industry and driving out representatives who have repeatedly done the wrong thing.

Entertainment Industry Review

In April 2009, the Better Regulation Office (BRO) conducted a review and released a report which found that entertainment industry licences are not necessary to protect performers and should be removed.

In response to this report, the NSW Government agreed that the licensing scheme for entertainment industry agents, managers and venue consultants is not protecting performers effectively and should be removed, but only after implementing reforms to other performer protections in the Act to ensure they are working efficiently and effectively. In order to do this, the Government committed to undertake a comprehensive review of the Act.

BRO and NSW Industrial Relations have now completed this review and recommend a range of improvements to the Act. The key objective of the review is to establish a regulatory framework that provides performers and venue owners with the best possible support in their dealings with agents, managers and venue consultants.

Entertainment Industry Review – Final Report

The NSW Government has released the Final Report of the Review of the Entertainment Industry Act 1989 and approved all recommendations.

The reforms focus on strengthening the ability of NSW Industrial Relations to enforce fee payment and conduct requirements without compromising protections for performers.

The reforms are designed to make it easier for entertainment industry agents, managers and venue consultants to do business and ensure that performers are protected against unscrupulous representatives.

Licensing scheme to be replaced

The licensing scheme for performer representatives will be replaced by a new mechanism for prohibiting bad operators from working in the industry that is equally effective but less costly for business. Importantly, performer representatives will no longer be required to go through the process of applying for or renewing licenses and will not have to pay licensing fees.

New protections

Performers will be given greater protection in their commercial dealings with representatives through a range of new measures. The most significant of these are that a mandatory code of conduct for performer representatives will be introduced, performer representatives that have breached the laws will be able to be 'named and shamed' and the period of time allowed for bringing a prosecution will be extended to ensure that representatives that do the wrong thing can be penalised.

NSW Industrial Relations will also increase auditing and inspection activity and commence a new education campaign to boost awareness about the requirements. These measures are in addition to existing protections including maximum fee requirements.

Reform implementation

Implementation of the reforms, including the preparation of amendments to the Entertainment Industry Act 1989 based on the review recommendations, is being overseen by NSW Industrial Relations.

NSW Industrial Relations will inform stakeholders of progress.