There are rules in New South Wales and Queensland that cover:

• agents, managers and performers in the entertainment industry
• entertainment industry hirers.

The rules include:

• how much agents and managers can charge performers
• when they must pay performers
• how they must document and account for money they receive on behalf a performer.

Agents and managers act on behalf of performers to help find work and to negotiate the terms and conditions for that work.

Agents are usually paid a commission payment which is calculated as a percentage of the fee the performer earns for that work.

Agents have obligations to act in the best interests of the performers they work for. Through an agency agreement, agents can agree to contracts that are binding on performers.

NSW performers, agents and managers

In NSW, agents and managers are called performer representatives. Performer representatives:

• find work for performers

• negotiate and handle agreements for performers

• arrange and finalise payments for performers

• arranges publicity events for performers.

Performers are actors, singers, dancers, acrobats, models, musicians or other performers.

Agreements between performers and performer representatives are either:

• entertainment industry agreements — for agents, or

• entertainment industry managerial agreements — for managers.

Capped services fees

Agents working for performers under entertainment industry agreements cannot charge the performer more than:

• For film, television, or media — 10% of the total amount payable to the performer

• For live theatre, musical or variety performances — 10% of the total amount payable to the performer for any period up to 5 weeks, and then 5% for any period after 5 weeks

Performer representatives cannot charge performers fees for:

• auditioning

• retention

• entering into a contract.

Managers can charge more than the above caps under entertainment industry managerial agreements but only for extra services they provide to performers.

Paying performers

If representatives receive money on behalf of performers for work performers have done, they must:

• pay the performer their money within 14 days of receiving it

• keep proper account records and financial statements.

Venues that hire performers must pay the performer money owed within one month of the performance unless otherwise agreed in writing.

Disputes between performers and performer representatives

The NSW Industrial Relations Commission deals with disputes between performers and their performer representative.

Queensland performers and agents

In Queensland, agents are called private employment agents. Private employment agents:

• find work for a person

• negotiate and handle agreements for models or performers

• arrange and finalise payments for models or performers

• give career advice for a model or performer.

Performers compete in sport or act, dance, mime, perform, play, sing or speak in advertising or for entertainment. 

A model is a person who poses for a painter, photographer, sculptor or other artist, a person who models clothes, jewellery, products etc for the public or advertising.

Private employment agents must follow the Private Employment Agents Code of Conduct when working for performers and models.

Private employment agents must give performers and models the Information statement for work seekers (models and performers) before entering into an agreement.

Visit Business.qld.gov.au to download a copy of the information statement.

Capped services fees

Private employment agents working for performers or models cannot charge more than:

• For work involving live theatre, a live musical or a live variety performance (film, television or electronic media), for any period after 5 weeks — 5% of the total amount payable to the performer

• For all other work — 10% of the total amount payable to the performer

Private employment agents cannot charge performers or models:

• fees for finding work

• interview preparation.

Managers can charge more than the above caps but only for extra services they provide to performers or models in written agreements.

Paying performers

If agents receive money on behalf of performers/models for their work, they must:

• pay the performer or model their money within 7 days of receiving it

• keep proper account records and financial statements.

Disputes between performers, models and private employment agents

If a performer or model believes that their private employment agent has not acted properly, they can contact the Queensland Office of Industrial Relations.