The Entertainment Industry Act 1989 (the Act) was introduced to protect performers in their commercial dealings with agents, managers and venue consultants (representatives).
Currently, agents, managers and venue consultants are required to obtain a licence in order to operate in NSW and to comply with a set of laws governing their operations, including the maximum fees that can be charged and how money held on behalf of performers must be handled.
In April 2009, the Better Regulation Office completed a review of the need to licence eleven occupations that are licensed only in NSW or in NSW and one or two other jurisdictions. Licences issued under the Entertainment Industry Act were examined as part of that review.
In response to the recommendations of that review, the NSW Government agreed that the licensing scheme for entertainment industry representatives is not operating effectively and should be removed, subject to the review and reform of the Act to ensure other consumer protections are operating efficiently and effectively.
The Better Regulation Office and NSW Industrial Relations undertook the review and released an Options Paper for public comment in July 2009. Thirty eight written submissions were received.
The NSW Government has released the final report of the review and approved its recommendations.
The reforms will make it easier for representatives to do business and ensure that performers are protected against unscrupulous representatives. 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. Performers will be given greater protection through measures, including, the introduction of a mandatory code of conduct for performer representatives, a ‘name and shame’ scheme, and an extension to the period of time allowed for bringing a prosecution. NSW Industrial Relations will also increase auditing and inspection activity and commence a new education campaign to boost awareness about the requirements.