Support for the music festivals sector

Reforms to the Music Festivals Act

The NSW Parliament has passed reforms to the Music Festivals Act 2019 which made important changes to the regulation of music festivals in NSW to further support a thriving and safe sector.

Key regulatory changes include:

• Removal of ‘subject’ festival designation and Safety Management Plans from the Music Festivals Act 2019 (the Act).
• All festivals are now required to prepare a Health and Medical Plan (HMP) relating to health and safety matters.
• HMPs may need to be sent to NSW Health for agreement, referred to as an ‘agreed HMP’
• L&GNSW are the key decision makers on advice from NSW Health, NSW Police, and the Music Festivals Roundtable.
• The Independent Liquor & Gaming Authority can hear appeals from festival organisers determined as requiring an agreed HMP.
• If an agreed HMP is required, NSW Police may request additional conditions, forming a Law Enforcement and Safety Schedule (Schedule).
• The NSW Government updated the Music Festivals Act 2019 to improve how organisers manage safety.
• Clearer guidance is now available on what organisers need to do.
• Festivals have more support to meet their legal and safety responsibilities.

New pathways for internal review of government user changes 

The NSW Government has established several pathways for festival organisers to seek a review of their costs associated with ‘cost recovery and user charges’ (user charges) arrangements for both the NSW Police Force and NSW Ambulance. The review pathways are designed to meet different purposes and have varied eligibility criteria.

The measures include internal review pathways for both user charges policing and ambulance, as well as a Government Appeal Panel review process for overall user charges costings, for use in limited and exceptional circumstances.

The Government has also established a Music Festivals Appeal Panel to consider applications from festival organisers to seek a partial or full exemption of user pays charges. This pathway is not merit-based but is based on festival organisers seeking financial relief from user pays charges on the grounds that exceptional circumstances apply, and that the full payment of user pays charges would threaten the viability of the music festival. 

Internal review of ambulance user changes

A festival organiser can apply for a review of user pays ambulance charges quoted by NSW Ambulance, a minimum of at least 16 weeks prior to their event being staged.

The review will be undertaken by an independent team within NSW Health, appointed by the Secretary of NSW Health. The review will determine whether the proposed allocated resources to the event can be reduced in a way that reduces costs to the festival organisers while maintaining the safety of patrons.

Festival organisers seeking a review of ambulance user charges can email Ambulance-EventPlanning@health.nsw.gov.au. When requesting a review via email, organisers are requested to send their email to the attention of the ‘Chief Executive’. Organisers can also write to NSW Ambulance to seek a review at Locked Bag 6 Silverwater NSW 2128, to the attention of the ‘Chief Executive’.

Further information on ambulance user charges can be found on the NSW Ambulance website and in the NSW Ambulance ‘Sporting & Special Events User Charges Fact Sheet.’

Internal review of policing user charges

A festival organiser can apply to the NSW Police Force for a review of the number of users charges police services required at a festival as quoted by the NSW Police Force. This review will assess whether the number of police services required is reasonable to ensure public order and safety for the patrons of the relevant festival.

If a festival organiser is not satisfied with the outcome of negotiations with the NSW Police Force about the number of police required for their festival, they can apply for an internal review of this decision within 28 days of the decision being communicated. The request will be considered by the relevant Police Area Command/Police District Commander, where the user charges coordinator operates or where the event is being held. The internal reviewer must be a person who was not substantially involved in the original decision. The reviewer will review the original decision and communicate the outcome of the internal review to the organiser.

If the organiser is not satisfied with that decision, the organiser can request a further review by the relevant Region Commander. If not satisfied, the final review will be considered by the Commander of the Police Transport and Public Safety Command.

Internal review correspondence must be provided in writing by all parties.

Further information on what information needs to be included in an internal review application is included in the NSW Police Force Cost Recovery and User Charges Policy.

Appealing government user charges to the NSW Government's Music Festivals Panel

Reforms to the Music Festivals Act 2019 have established an appeal pathway for music festival organisers. This appeals process will allow an organiser to apply for a reduction or waiver of user pays charges in limited and exceptional circumstances to the Music Festivals Panel.

To be eligible for fee relief, music festival organisers must satisfy the Panel that their event meets the detailed eligibility criteria.

More about applying to the Music Festivals Panel.