Working as a performer or performer representative in NSW
Find out what rights and responsibilities performers and performer representatives have in NSW.
NSW Fair Trading can take enquiries about:
- The legislation and rights and responsibilities of performers and performer representatives.
- Complaints about not paying a performer within the specified timeframe.
- A breach of agreement terms.
- Fees exceeding the capped amounts set out in the Entertainment Industry Act 2013.
Performer representatives
There are responsibilities performer representatives must follow. These include disclosure requirements, following the prescribed Code of Conduct and administrative obligations.
Performer and performer representative fees
If the performer is involved in live theatre, or a live musical or variety performance they can be charged up to 10% for the first 5 weeks of a performance and 5% for any period thereafter, where a performer is involved in live theatre, or a live musical or variety performance.
In all other cases, including film, television or electronic media, a performer can be charged a maximum of 10%.
The total amount due to a performer excludes:
- travelling and meal allowances
- holiday pay
- long service leave
- superannuation
- overtime or penalty payments and any award in respect of rehearsals.
For more information, review the Entertainment Industry Regulation 2014, section 4.
Additional services may include:
- photographs, or
- legal costs associated with finding a performer work.
A performer representative is not allowed to charge:
- joining fees
- audition fees, or
- retention fees.
Recovering costs
Performer representatives may be entitled to payment for any costs incurred prior to termination of the:
- entertainment industry agreement, or
- entertainment industry managerial contract.
This can also include termination in the cooling off period.
Payments
A performer representative is required to hold money on behalf of performers in a trust account in New South Wales if the payment is not made to the performer immediately. The funds must be distributed by the performer representative to the performer within 14 days of being received.
Financial records
- 'A performer representative must keep the following accounting records at their main place of business for at least 5 years after the record is created: accounting records of money paid to a performer representative for the performer's services
- a copy of each financial statement
- a copy of each written agreement the representative has entered into with the performer or on behalf of the performer. If a performer requests any records, copies should be made available to them.
More information can be found in section 7 of the Entertainment Industry Act 2013.
Entertainment industry hirers and venue representatives
An entertainment industry hirer is someone who hires a performer for a performance, for example:
- a pub owner, or
- the owner of a large venue.
A venue representative is a person who organises a performance by a performer on behalf of an entertainment industry hirer.
Payments
There are different payment requirements for entertainment industry hirers and venue representatives:
- For entertainment industry hirers, unless there is a written agreement with the performer, entertainment industry hirers are required to pay a performer within one calendar month after the performance.
- For venue representatives, unless otherwise agreed upon with the performer, venue representative must provide any money to the performer within 14 days of receipt.
Typically, an entertainment industry hirer will negotiate the terms of a performance with a performer representative.
Financial and other records
Entertainment Industry hirers and venue representatives must keep:
- accounting records of money paid to an entertainment industry representative for the performer’s service outlining:
- the basis for which the payments were made
- any other particulars of the payment
- accounting and other records at your main place of business for at least 5 years after the record is created.
If a performer requests any records, copies should be made available to them.