Review of the Entertainment Industry Act 1989, New South Wales

Submission written by Lynn Gailey, with Richard Letts assisting.
August 8, 2009

The Music Council responded to an Options Paper prepared by the Better Regulation Office and the Office of Industrial Relations. Although the Music Council concentrates its attention on national rather than state matters, in this case it was considered that the Act is the most advanced in the country, despite its shortcomings, and that revisions to it may be influential in other jurisdictions.

The government considers regulation is necessary in the entertainment industry for three main reasons, namely

• Many performers are in a weak bargaining position.
• Many performers are reluctant to or unable to afford legal remedies.
• There are conflicts of interest where a representative acts for both a performer and a venue.

Broadly, the Music Council supports these findings.

The issues addressed in the submission are these:

• Maximum agent fees.
• Stipulation for written contract if for fees above 10 per cent.
• Mandatory use of trust accounts.
• Requirement to provide financial statements to performers.
• Requirement for probationary licensee to lodge a bond.
• Copy of all contracts to be kept.
• Provision of information to performers about dispute resolutions.
• Code of ethics with penalties.
• 12 months for OIR to commence prosecutions
• Representative to disclose to performer if also acting for a venue.
• Financial penalties for breaches.
• Auditing and inspection powers.

Read the submission