Announcement – Entertainment Industry Act 2013 – procedures in relation to Disputes (section 20) and Applications for Civil Penalty (section 43)

28 February 2014

Entertainment Industry Act 2013 was assented to on 1 October and will commence on 1 March.

The objects of this Act are:
(a) to provide effective, fair and consistent regulation of the entertainment industry, and
(b) to provide protections for performers.

The Commission has been granted jurisdiction (under s.20 of the Act) to assist the parties to resolve a question, a dispute or difficulty that may arise between a performer and an entertainment industry representative or entertainment industry hirer. The performer or an industrial organisation representing the performer may lodge a dispute to the Commission for that to occur. The Commission has approved a form for the lodgement of such matters:

Form 4Ent - Notification re Dispute arising pursuant to section 20 of the Entertainment Industry Act 2013

The Commission has also amended its Rules to facilitate the resolution of disputes that may arise between performers and entertainment industry representatives or hirers. A new Division 4 has been inserted:

Division 4 Dispute notifications under section 20 of the Entertainment Industry Act 2013

Further, the Industrial Court has been granted jurisdiction (in conjunction with the Local Court) to deal with applications pursuant to section 43 of the Act for the imposition of a civil penalty for a breach of sections 6(2)(b),7(4),13(4),16,18, or the code of conduct.
The Commission has issued a further Practice Note to set out the procedures for commencing such proceedings before this Court:

Practice Note 28 – Proceedings pursuant to section 43 Entertainment Industry Act 2013

Industrial Registrar.