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    UNESCO Observatory on the Social Status of the Artist 2003-2004

                                AUSTRALIA - I
                   Questionnaire responses compiled by the

                           Research Centre of the
                         Australia Council for the Arts
               P.O. Box 788, Strawberry Hills , NSW 2012 Australia
                  FAX 61 02 9215 9111 http://www.ozco.gov.au

                                    with input from :

                       the Australian Taxation Office (ATO)
                         the Arts Law Centre of Australia
                          the Australia Film Commission
                                 and assistance from the
                 Australia Council’s Corporate Affairs Division


                             International Theatre Institute,
                                 UNESCO- 1, rue Miollis
                             75732 Paris Cedex 15 –France
            Tel : 33/1/ 45 68 48 80 Fax : 33/1/45 66 50 40 : iti3@unesco.org
                      RESPONSE TO THE SURVEY FOR THE UNESCO OBSERVATORY ON THE SOCIAL STATUS OF
                                          CREATORS, ARTISTS AND PERFORMERS

1. LEGAL FRAMEWORK

1.1 What are the legal frameworks within which artists and creators may be employed?.

(a) Public sector employees?                                                                          No

(b) “Salaried employees” with an employment contract?                                                 Yes

(c) “Freelance workers” with a service provider contract?                                             Yes

(d) Specific status?                                                                                  No

(e) Other status? If so, which?                                                                       No

(f) No status?                                                                                        Yes

State whether a status is obligatory and what are current practices for the different disciplines?    No

1.2 What are the trends in this field (is there, for instance, a drop in the number of salaried employees and an increase in the number of
    non-salaried workers?)?
Almost three quarters of all professional artists are self-employed or freelance. Generally, artist employment is for short periods of time and is
project based rather than ongoing. There has been a rapid decrease in salaried employment over ten years. The number of professional artists on
salary has dropped from 50% to 25% between 1994 and 2001. As a result of the increase in freelance work and self-employment, 80 per cent of
professional artists are registered as a business with the Australian Tax Office.

There are different trends in employment across artforms. Employment on salary or wages is more common among performing artists than in
other artistic occupations. Most writers, visual artists, craft practitioners and composers are self-employed.



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1.3 Which law(s) govern(s) these legal frameworks?
Please give the reference(s) of the laws and indicate whether they are general laws for all workers or whether they are specific to cultural
workers.
Employment legislation is in the jurisdiction of both federal and state governments. The primary legislation for all workers is the Workplace
Relations Act (1996). Other conditions are determined by the Superannuation Act (1990); Safety, Rehabilitation and Compensation Act (1988);
Occupational Health and Safety Act (1991); Sex Discrimination Act (1984); Racial Discrimination Act (1975); and the Disability Discrimination
Act (1992). These legal frameworks are not specific to cultural workers.

1.4 What are the effects of the legal framework(s) applied?
Describe these effects in detail, as this is one of the most important features of the questionnaire.
(a) In the event of breach of contract or                 The Workplace Relations Act (1996) prohibits unfair dismissals and unlawful terminations. All
dismissal.                                                employees nationally are covered by the unlawful termination provisions of the Act, except those in
                                                          the categories outlined below:
                                                                  employees engaged on contract for a specified period or task, unless a substantial purpose of
                                                                   this form of contract is to avoid an employer’s obligations under the legislation
                                                                employees on probation where the probationary period is determined in advance and is either
                                                                   no more than three months duration or, if longer than three months, is reasonable given the
                                                                   nature of the employment
                                                                casuals, unless engaged by a particular employer for at least 12 months
                                                                trainees under the National Training Wage Award or approved traineeship agreements and
                                                                   apprentices where the employment is limited to the duration of the traineeships or
                                                                   apprenticeship
                                                                employees not covered by a federal award or agreement and earning more than $85,400 (total
                                                                   remuneration package).
                                                          The Act requires employers to give a minimum period of notice of termination to employees, or pay
                                                          in lieu. This does not apply to casual employees (whether short or long term) or daily hire
                                                          employees. In addition many awards and agreements contain provisions requiring employers to pay
                                                          severance pay for termination of employment in redundancy situations.




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(b) On the right to combine a permanent                   There is no law prohibiting an employee of any status from combining their artistic work with any
post as artist with another job post                      other work.
(teacher, for example).
(c) On social welfare.                                    All employees are entitled to occupational health and safety cover, irrespective of their status. Casual
                                                          and freelance workers are not usually subject to an employment award or agreement and are thus not
                                                          entitled to social welfare benefits, unless specified by contract.


(d) On intellectual property rights.                      An employee must disclose all inventions, copyright designs and other intellectual property to their
                                                          employer, where these are relevant to their employment. The employee also assigns all rights to the
                                                          employer.


(e) On the right to form or join a trade                  The Workplace Relations Act (1996) prohibits unfair dismissals and unlawful terminations on
union.                                                    discriminatory grounds. This includes trade union membership or participation in trade union
                                                          activities outside working hours or, with the employer’s consent, during working hours; non-
                                                          membership of a trade union.


1.5 How are artists hired?

1.5.1    Are there employment agencies                    Some arts peak bodies and industry organisations provide advice and assistance but are not
         for artists? If so, describe:                    employment agencies. There is an online arts information service called Arts Hub
                                                          (www.artshub.com.au), which provides job listings to subscribers.
                                                          Forty per cent of professional artists use an agent, gallery or dealer to promote their work.
(a) the status of such intermediaries                     Arts peak bodies are usually not-for-profit organisations that provide services to members. Arts Hub
                                                          is a business supported by subscription. Agents, commercial galleries and dealers are usually small
                                                          to medium businesses.


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(b) their mode of remuneration                            Peak bodies charge annual membership fees and do not take a commission. Arts Hub charges and
                                                          annual membership for the service. Agents, commercial galleries and dealers charge commission.
(c) the percentage retained as                            There is no standardised commission rate.
commission

1.5.2 Do trade unions seek to secure                      No.
employment for artists?


1.6 Is there a labour permit requirement and/or a recognised “professional” status?
No.
(a) Is there a system of labour permits? If               No.
so, what is its legal basis?
(b) Is there a “professional” status? If so,              There is no standardised professional status. Arts funding bodies, the Australian Bureau of Statistics
who grants such status and what do you                    employment data and arts industry bodies have definitions of a professional artist - usually
consider its consequences to be in                        determined by factors such as recognition of peers, production of work and time spent at creative
relation to “non-professionals” or                        occupation. These definitions differ depending on the organisation and the artform.
“amateurs”?
1.7 What is the form and content of contracts?

a) Written or unwritten contracts: specify                Very few contracts are required to be in writing with the exception of those that include an
what is mandatory, and also what is                       assignment or exclusive licence of copyright. Information on common practice not available.
common practice
(b) When the contract is an exclusive       An exclusive contract is generally one relating to copyright ownership. This means that the licencee
one, to what do the exclusive rights relate is the only person who will be able to make the use of that work and that the creator is ceding all
and what are their maximum/minimum          rights to their works.
duration?




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(c) Do model contracts exist, and who                     The Arts Law Centre of Australia is a national community legal centre for the arts that provides
draws them up?                                            specialised legal and business advice. The Centre has developed a range of model contracts for
                                                          artists.
(d) Are there mandatory clauses? If so, in Mandatory clauses outline the terms and condition under which a person is hired. Included are the
what do they consist?                      specific role to be undertaken, the type of employment, remuneration and salary packaging. Any
                                           conditions relating to breach of contract will also be included in the clauses.
1.8 What is the duration of contracts?

(a) Is the length of contracts regulated (example: some countries require that contracts be indefinite No.
if the post is a permanent one)?

(b) Are short-term (casual) contracts or fixed-term contracts used?                                                Both.

(c) Can such contracts be broken off before they come to an end? If so, what are the consequences                  Contracts can be broken, but a person who
of such a breach (compensation, payment of lost earnings, and so on)? Is an appeal process                         breaks a contractual promise may be sued
provided for in such cases?                                                                                        and liable for compensation or loss of
                                                                                                                   earnings.



(d) Describe current trends, particularly with regard to any casualisation of employment of artists                Thirteen per cent of artists are casually
                                                                                                                   employed and 73 per cent are working
                                                                                                                   freelance. The current situation and
                                                                                                                   continuing trend is for short term and
                                                                                                                   insecure working arrangements.




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1.9      What is the duration of work?

(a) Are there regulations governing the duration of work applicable to artists?                                     The Workplace Relations Act (1996)
Answer this question by discipline, specifying as appropriate whether such regulations are the                      determines all employment conditions.
subject of collective agreements and describing their provisions (duration of “services”, maximum                   This legislation allows individual
duration authorized per day or per week, regulation of night work, remuneration for “overtime”,                     workplaces to develop specific contracts
deductions, defrayal of travel expenses, etc.)                                                                      and agreements. The conditions are not
                                                                                                                    standardised across workplaces.
1.10 Is there provision for health care?

(a) Are there general health and safety                  General legislation on Occupation Health and Safety (OH&S) obligations exists at both the Federal
regulations also covering artists and                   and the State and Territory level. The statutes impose duties on employers, principals of independent
performers, and if so what are their                    contractors, contractors, employees, owners of workplaces, and manufacturers of plant and material
provisions?                                             used in workplaces, to conduct their enterprises in a manner which will not create a risk to the health
                                                        and safety of other persons present or in the vicinity of the workplace.
(b)Are there health regulations specific                No. However, industry guidelines for events and venues have been developed.
to artists, and if so what are their
provisions?


(c) Has there been a change in the                      No.
attitude of employers in this field,
particularly concerning preventive
measures?




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(d) What are the main preventive                        The OH&S regulation requires direct preventative action by employers including risk assessment and
measures adopted by employers? Do                       regular inspections. All workplaces must have an OH&S committee to enforce regulations. Unions are
these measures receive public financial                 usually part of the consultation process, and provide training for the committee members.
support, and are they negotiated
through trade unions?
(e) Is there a particular regime for                    The Disability Discrimination Act (1992) (DDA) and other state based legislation outlines
artists with disabilities?                              requirements for employment and public access. The legislation applies to artists but there is no
                                                        particular regime for artists with a disability. There is a national peak body and lobby group for artists
                                                        with a disability –Disability in the Arts, Disadvantage in the Arts Australia (DADAA). DADAA has
                                                        developed industry guidelines for arts employment and access issues (see www.dadaanat.net.au)
1.11     Are artists’ employment conditions subject to administrative inspection? If so, indicate the legal basis for this and specify:

(a) What is inspected (safety, hygiene,                 Safety audits of workplaces are not generally carried out, unless there has been a reported incident.
compliance with labour legislation,                     In compliance with financial regulations and some government grant agreements, independent
social welfare statements, payment of                   auditors appointed by companies conduct financial and salary audits.
salaries, and so on).
(b) What type of body carries out such                  State governments have work place safety and hygiene inspectors from a range of bodies.
inspections

(c) The possible consequences of                        Varies.
inspection when infractions or
irregularities are noted.
What law or regulations govern these
matters? Please provide references.




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1.12 Do artists have access to lifelong vocational training?

Most artists spend over four years in training, although dancers, musicians and composers spend an average of six years. Tertiary training is the
most common type of vocational training. Australia has a range of tertiary arts institutions supported by both the Australian and state
governments. In the last decade most arts colleges and conservatories were brought into the university system and now operate as schools or
departments within this structure. Training organisations of national cultural excellence are assisted financially under specific Deeds of Grants
offered by the Australian Government through the Department of Communications, Information Technology and the Arts to promote cultural
excellence, creativity and enrich the cultural life of Australia. These national training organisations include the National Institute of Dramatic
Art, the Australian National Academy of Music, the National Aboriginal and Islander Skills Development Association, the Australian Ballet
School, the Australian Youth Orchestra and the Flying Fruit Fly Circus. A list of all Australian arts and vocational training institutions is
available at www.cultureandrecreation.gov.au/training/

Culture Research Education and Training Enterprise Australia (CREATE), is the national industry training body for the cultural industries.
CREATE specialises in vocational training and provides workplace and competency based certificate courses.

If so, state whether this involves:

(a) university courses                                                                                 Yes

(b) continuing training                                                                                Yes

(c) retraining or refresher courses                                                                    Yes

(d) training paid for by the worker                                                                    Yes

(e) training paid for by the employer                                                                  Yes

(f) State-funded training                                                                              Yes

(g) training financed by a professional organization/trade union                                       Yes



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What law or regulations govern these matters? Please provide references.
Universities are governed by the Higher Education Legislation Amendment Bill (1999). Other vocational training is governed by the Australian
National Training Authority Act (1992).
2. THE POSITION OF THE ARTIST IN SOCIETY

2.1 What is the actual situation in regard to artist employment?
(a) Do artists need to resort to other                  Yes, some.
forms of gainful employment?
(b) What proportion of artists need to                  In Australia nearly two thirds of all professional artists work at more than one job.
combine jobs in this way?

(c) What other forms of gainful                         The majority of artists prefer to work in arts related rather than non-arts fields. Overall, 43 per cent of
employment are they engaged in                          artists are engaged in some work in an arts related field, with 32 per cent undertaking some work in an
(teaching, etc.)?                                       area not related to the arts.

                                                        Three-quarters of artists undertaking arts-related work are involved in teaching. This pattern is
                                                        uniform across art forms, although the numbers are smaller among writers, where the opportunities to
                                                        teach are more limited. Work in arts administration is the next most common form of arts-related
                                                        work. (for more information on the comprehensive breakdown of the types of arts related work
                                                        undertaken by artists, see research report included.)




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2.2 What role does the State play in improving the conditions of artists?

The State (the Australian Government) supports the arts through a range of arts and cultural programs. The Australia Council for the Arts
provides advice to government and support to the arts sector - this includes improving the conditions of artists. Other levels of government –
state and local - also have a role in supporting artists. Australia Council strategies to improve conditions of artists include:
     changes to the taxation of artists’ incomes
     market development and increasing audiences
     artistic and professional development
     increase private sector support for the arts

(a) development of public funding in                    In 2001 – 02 funding for cultural activities across all levels of government (the Australian, states and
the field of culture (as a percentage)                  local governments) was $4,676.8m. The Australian Government contributed $1,619.6m (35%) to
                                                        cultural funding while state and territory governments contributed $2,215.2m (47%). Local
                                                        governments provided $841.9m (18%).


3. SOCIAL WELFARE (EXCLUDING UNEMPLOYMENT)

3.1 Social welfare provision for salaried artists, that is, those with an employment contract

3.1.1    Legal framework                                Awards set out minimum wages and conditions of employment for specified employees. Awards may
                                                        be federal or state. Federal awards are made by the Australian Industrial Relations Commission
                                                        (AIRC) and include:
                                                             minimum rates of pay and allowances;
                                                             overtime, shift penalty and other penalty rates;
                                                             hours of work; and
                                                             leave provisions; eg sick/personal leave, recreation leave.
                                                        Awards may include provisions about specific issues such as superannuation or long service leave.




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(a) What are the existing insurance                     Varies. Insurance regimes are based on the award under which the person is employed.
regimes (sickness, maternity, invalidity,
retirement, and so on)?
(b) What are the criteria enabling                      Being an employee of an organisation will entitle you to any provisions that the organisation offers.
salaried employees to enjoy effective                   The level of entitlements is dependent on the length of time that you have been in a workplace, except
social welfare provision?                               in the case of Occupational Health and Safety, which is an immediate entitlement.
(c) Does such provision depend on the                   No. Provisions are dependent on the status of the worker.
scale of the contributions?
(d) Is there provision for welfare or                   All workers have access to Medicare, the Australian Government health system.
benefits during periods of
unemployment or inactivity?
(e) Does the status of intermittent                     Yes. This status is designated as casual worker.
worker exist?
(f) What are the employer’s legal                       Employers under a federal award or agreement are legally required to keep accurate and complete
obligations (employment statements,                     time and wages records and to issue pay slips to each employee. All time and wages records of each
wage slips, and so on)?                                 employee must be kept for at least seven years.

                                                        A pay slip must be given to an employee within one day of the payment of wages.

                                                        Under the Superannuation Guarantee (Administration) Act 1992 employers are required to contribute
                                                        a minimum level of superannuation support to a superannuation fund for each employee.

(g) Do salaried employees with fixed-                   Salaried employees on fixed and short-term contracts enjoy the same social welfare cover on a pro-
term contracts enjoy the same social                    rata basis.
welfare cover as salaried employees
with open-ended contracts?




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(h) What is the legal status of salaried                Salaried employees have the same status abroad as in their country of employment.
employees resident abroad?
(i) What are the obligations of                         Not Applicable.
employers with their corporate
headquarters abroad, in particular in the
context of a tour or, more generally, the
provision of occasional
services/benefits?
(j) Is there in this matter a form of                   No.
unfair competition on the part of
foreign productions on the national
territory?
(k) What are the opportunities for                      Workers may choose to have additional private medical cover, life insurance and superannuation.
additional and/or voluntary insurance,
particularly regarding health and
retirement?
(l) More generally, is social welfare                   Social welfare is not obligatory. Around seventy five per cent of professional artists have
cover obligatory, and if so, is it                      superannuation.
adequate or are artists forced to have
recourse to supplementary insurance in
order to enjoy adequate cover?
(m) Is there any particular social                      All workers with a disability have access to support and disability benefits outlined in the Disability
welfare cover for artists with                          and Discrimination Act (1992). Artists are able to access these benefits.
disabilities?
                                                        The Supported Wage System, which supplements income, covers people who cannot find employment
                                                        at full award wages due to their disability.




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What law or regulations govern these The Workplace Relations Act, (1996); Superannuation Act (1990); Safety Rehabilitation and
                                     Compensation Act (1988); Occupational Health and Safety Act (1991); Privacy Act (1988); Sex
matters?
                                     Discrimination Act (1984); Racial Discrimination Act (1975); and the Disability and Discrimination
                                     Act (1992).

3.1.2 Financial Aspects
(a) What is the percentage (in relation                 The employer must pay 9% of wages into a superannuating fund. The employer is also responsible for
to salary) of social security                           the payment of Workers Compensation Premiums. These are dependent on the size of the
contributions paid by the employer                      organisation, and any history of claims made by the organisation.
(b) What is the percentage (in relation                 Not Applicable.
to salary) of social security
contributions paid by the employee?
(c) Are the contributions the                           Yes, employers must contribute 9% of each employee’s earnings.
employer/employee must pay set as a
fixed amount?
(d) What is the scale of the social                     Not available.
welfare cover: if possible, give some
examples in figures.
3.1.3    Administrative aspects
(a) Who is responsible for collecting                   The employing organisation collects contributions, on behalf of the Australian Government.
contributions (State, a body under State
control, trade union, private enterprise,
etc.)?
(b) Who is responsible for paying                       The Australian Government or state governments.
benefits to artists?
(c) Is a collective rights management                   No.
society (copyright or neighbouring
rights) involved in funding and
managing social welfare cover?


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(d) Does the State cover health costs                   Medicare covers all Australians irrespective of employment status.
and other welfare benefits when a
salaried employee is no longer
protected by an insurance scheme?
What law or regulations govern these The Workplace Relations Act, (1996); Superannuation Productivity Benefit Act (1988); Safety
matters? (Please provide references. Rehabilitation and Compensation Act (1988); Disability Discrimination Act (1992).


3.2 Legal framework for non-salaried workers, that is, those without an employment contract

3.2.1 Legal framework

(a) Do “employers”, that is, those who call upon the services of artists (producers and organizers              No.
of shows, record and film producers, radio and television companies, gallery owners, publishers,
and so forth), have social obligations, particularly regarding the payment of contributions, when
artists are not employed under contract?
(b) What are the obligations of non-salaried artists?                                                           None.
(c) Are they required to contribute towards social welfare cover, and if so, for what kind of cover             No.
(sickness, maternity, invalidity, retirement, etc.)?
(d) Can they take out additional insurance, particularly with regard to health and retirement                   Yes. They can take out personal
provision?                                                                                                      superannuating, insurance and medical
                                                                                                                cover.
(e) What is the legal status of non-salaried artists resident abroad?                                           There is no legal status.
(f) What are the obligations of service users having their corporate headquarters abroad, in                    Not applicable.
particular regarding tours or, more generally, the provision of occasional services?
(g) Is there in this matter a form of unfair competition on the part of foreign productions on the              No.
national territory?



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3.2.2    Financial aspects

(a) What is the total amount of social contributions (as a percentage of salary or as a fixed sum)              Not applicable.
that the user of services must, where required, pay?
(b) What is the total amount of social contributions (as a percentage of salary or as a fixed sum)              Not applicable.
that the non-salaried artist must pay?
(c) What is the scale of the social cover provided for non-salaried artists? If possible, provide a             Not available. Medicare covers non-salaried
few examples with figures.                                                                                      artists.
3.2.3    Administrative aspects
(a) Who is responsible for collecting contributions (State, a body under State control, trade union, Not applicable.
private enterprise, etc.)?
(b) Who is responsible for paying benefits to artists?                                                          The Australian Government.
(c) Is a collective rights management society (copyright or neighbouring rights) involved in                    No.
funding and managing social welfare cover?
(d) Does the State cover health costs and other social benefits when a non-salaried employee is                  Yes, Medicare covers non-salaried artists.
not covered by an insurance scheme?
4. UNEMPLOYMENT

4.1 Statistics by discipline
(a) On the average duration of total                    The average time of unemployment for artists is three months a year. Unemployment trends differ
unemployment.                                           between artforms. Actors and dancers have the highest proportion of unemployment, but for short
                                                        periods of time. Visual artists, craft practitioners and community artists are more likely to be
                                                        unemployed than other artists and will be unemployed for longer. ((for more information, see research
                                                        report included)




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4.2 Legal framework

Describe the unemployment insurance                     There are no special unemployment benefits or allowances for artists under Australia’s social security
system applicable to artists,                           system. All unemployed people may access unemployment benefits (if certain criteria are met). The
distinguishing between:                                 unemployment insurance system does not distinguish between open-ended, fixed-term, casual or
(a) employees with open-ended                           government employees.
contracts;
(b) employees with fixed-term contracts                 Payments are rarely made to a self-employed person or non-salaried freelancer. However, financial
(c) “intermittent” employees, that is,                  and other forms of assistance may be available to a self-employed person experiencing particular
those working on an irregular basis                     difficulties. This can affect artists, as 80 percent are freelance and registered with an Australian
with different employers;                               Business Number. Freelance workers can be deemed ineligible for assistance if they are seen to be in a
(d) non-salaried employees, referring if                business enterprise and thus not actively looking for work.
appropriate to specific cases;
(e) government employees
4.3 Financial aspects

(a) What is the scale and duration of the               There is no limit to the duration that unemployment benefits may be paid. Additional conditions and
unemployment benefits paid?                             training may be required after six months. The average allowance for a single person with no children
                                                        is approximately $385 AUD a fortnight.


(b) What are the conditions of                          Conditions of entitlement are that someone is:
entitlement to unemployment benefits?                            unemployed;
                                                                 over 21 years of age and under Age Pension age and registered as unemployed;
                                                                 prepared to enter an activity agreement, comply with an existing agreement, or vary an existing
                                                                  agreement; and
                                                                 able to satisfy the activity test - this requires the job seeker to be actively looking for paid
                                                                  work, undertaking vocational training or approved voluntary work or participating in a
                                                                  rehabilitation program.


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(c) What social welfare cover is                        Medical cover is available through Medicare.
available to artists receiving
unemployment benefits?
4.4      Administrative aspects

(a) Who is responsible for collecting                   The Australian Government.
contributions (State, body under State
control, trade union, private enterprise,
etc.)?
(b) Who is responsible for paying                       The Australian Government.
benefits to artists?

(c) Is a collective rights management                   No.
society (copyright or neighbouring
rights) involved in funding and
managing social welfare cover?
5. REMUNERATION

5.1 Who is paid?

(a) Are artists paid their salary directly,             Salaries are paid directly to artists by their employer.
or is there a system for the payment of
salaries through a professional
organization responsible for collecting
social welfare contributions?
(b) What is the proportion of the                       Not Applicable.
remuneration paid in cash in relation to
other forms of payment



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5.2 How much?

(a) Is there a minimum level of                         The level of remuneration is based on the award or agreement under which under which the artist was
remuneration (by service, by week, by                   employed. In some cases where there is no award, the Australian Government has federally legislated
month)?                                                 a minimum rate of pay.
(b) Are artists’ services frequently                    Information not available.
rendered free of charge, and in what
proportion?
5.3 What is the scale of income derived from intellectual property rights?

(a) Is there a single society or several                There are several collection agencies across art forms including
societies for collective rights                             the Australian Performing Rights Association (APRA) and the Australian Mechanical
management?                                                    Copyright Owners Society (AMCOS) manage primary royalties for composers
                                                            author copyrights are usually covered in publisher contracts. Reproduction and other
                                                               secondary rights are managed by the Copyright Agency Limited (CAL)
                                                            Viscopy, a collecting society protects rights of visual artists and craft practitioners
                                                            Screenrights manages secondary rights in audio-visual material
                                                            The Public Lending Right Scheme operated by the Australian Government that collects
                                                               payments for use of work in public libraries.

(b) Do artists benefit from the effective               Membership of a collecting society does not guarantee payment. Artists only receive revenue from a
distribution of the rights collected by                 collecting society if use of a particular work is monitored.
the collective management society?
(c) Do artists have problems receiving                  No. Agencies are generally prompt and fair in distribution of payment to artists.
rights collected in their name by the
collective management society or
societies?




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6. TAX STATUS

6.1 Tax advantages

(a) Do artists enjoy a particular tax                   Yes. Australia allows artists with fluctuating incomes to average their income for tax purposes for a
status? If so, what advantages does it                  period of up to five years. Arts businesses are also able to offset the losses incurred from art practice
entail?                                                 against other income generated (the “other income” can not exceed $40,000).
(b) How are royalties handled by the                    Royalties are treated as taxable income.
tax system?
(c) Are there exemptions or special                     Temporary importation is allowed under coverage of the ATA Carnet, a simplified customs procedure
provisions regarding temporary import                   for temporary admission of goods into a foreign country. The ATA Carnet is an international customs
duties on cultural products?                            document that permits duty-free and tax-free temporary import of goods for up to one year. A Carnet
                                                        disposes of the need for raising bonds or depositing duty at customs posts.

                                                        The Victorian Employers’ Chamber of Commerce and Industry (VECCI) is the guaranteeing
                                                        association in Australia for ATA carnets. VECCI undertakes to pay an amount equal to the duty and
                                                        taxes if the goods are not exported, or otherwise dealt with as authorised.
                                                        The ATA Carnet service is available to business and sales executives, exhibitors at trade fairs and
                                                        travelling professionals, such as film crews, architects, artists, engineers, entertainers, photographers,
                                                        sports teams and many more.


(d) Are there exemptions or special                     The ATA Carnet covers (a) commercial and professional equipment and (b) goods for presentation at
provisions regarding import duties on                   fairs and exhibitions.
equipment and materials required for
cultural production
                                                        .




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(e) Is there a special tax regime for the               The Customs temporary importation rules allow the importation of certain kinds of goods without the
marketing, import and export of                         payment of customs duty or GST. This includes, but is not limited to Cultural imports.
cultural products?
(f) Are there regional or interregional                 Australia is a signatory to the Customs Convention on the ATA Carnet for the Temporary Admission
customs duties agreements governing                     of Goods, which has a membership of over sixty countries.
the circulation of cultural products?
                                                        The Protection of Movable Cultural Heritage Act (1986) regulates the export of Australia's significant
                                                        cultural heritage objects. It is not intended to restrict normal and legitimate trade in cultural property,
                                                        but rather to protect Australian objects listed on the National Cultural Heritage Control List. Objects
                                                        listed as Class A, such as Victoria Cross medals awarded to Australian service personnel, are
                                                        prohibited exports and cannot be exported under any circumstances. Objects listed as Class B, such as
                                                        items of Australian Aboriginal and Torres Strait Islander heritage, may be exported if granted a permit
                                                        The Act also includes provisions that allow Australia to respond to an official request by a foreign
                                                        government to return movable cultural heritage objects that have been illegally exported from their
                                                        country of origin.


Compare these advantages with those The ATA Carnet is available to most commercial temporary imports, and thus any advantages are not
enjoyed by other professions.       limited to cultural imports.

What law or regulations govern these The legislative provisions for Temporary Imports are contained in Sections 162 and 162A of the
matters? (Please provide references.) Customs Act (1901) and Regulations 124, 125, 125A and 125B of the Customs Regulations (1926).




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7. ILLEGAL WORK

7.1 What is the scale of “working on     Information not available.
the side” or illegal work, that is, work
not officially declared?
(a) Please provide statistics or an
estimate in figures?
(b) Describe the consequences of
undeclared work.
7.2 How is it curbed?                                   The Australian Taxation Office is responsible for the curbing of any black market activity and tax
                                                        evasion. The Australian tax system, which includes a goods and services tax (GST), requires that:
                                                            businesses must have an Australian Business Number to deal with other businesses or they will
                                                               have 48.5% of any payments withheld
                                                            valid tax invoices are needed to claim GST credits, and
                                                            businesses must now report to the taxation office on a more regular basis.


(a) What penalties are provided for by                  Penalties for non-payment of tax include fines and in some cases jail terms.
law?

b) Are there any administrative checks?                 The Australian Taxation Office has several measures to ensure compliance. These include auditing
                                                        and site visits to suspected businesses and individuals.


(c) Is illegal work effectively penalized               Information not available.
by the judicial system?

What law or regulations govern these                    Sales Tax Assessment Act (1992); Taxation Laws Amendment Act (No. 1) (1998); Measures to Combat
matters? (Please provide references.)                   Serious and Organised Crime Act (2001)


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8. INTERNATIONAL MOBILITY OF ARTISTS

8.1 What is the proportion of artists                   Information not available.
of foreign nationality working on the
national territory?
(a) Of those working there on a regular
basis.
(b) Of those working there on an
irregular basis.
8.2 Legal framework

(a) What constraints are imposed on                     Foreign workers wishing to work in Australia can apply for temporary residence, sponsorship or
foreign artists wishing to work on the                  labour agreements. Conditions and constraints are as follows:
national territory?
                                                                     The temporary residence program is designed to allow overseas people to come to
                                                                      Australia for specific purposes which result in some benefit to Australia. It allows for stays
                                                                      of up to four years in a wide range of categories including sportspeople, media and film
                                                                      staff, entertainers, religious workers, retirees and occupational trainees.
                                                                     Temporary Overseas workers may also be sponsored. Visas are available under
                                                                      arrangements for sponsorship by an Australian or overseas business .
                                                                     Labour agreements are formal agreements negotiated between the Australian Government,
                                                                      employers (including industry or employer associations) and other interested parties (for
                                                                      example, unions or professional associations)
                                                        Foreign workers are required to pay taxes but do not have access to social welfare benefits or national
                                                        public health cover. Citizens of countries which have reciprocal health care agreements with Australia
                                                        are entitled to emergency medical insurance cover, but this cover does not extend to pre-existing
                                                        conditions. Overseas workers are also entitled to superannuation payments, and may be covered by
                                                        occupational health and safety regulations depending on the state or territory of their employment.
                                                        The Department of Immigration and Multicultural and Indigenous Affairs (http://www.immi.gov.au/)
                                                        provides information on working in Australia.


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(b) Do you consider that this legal                     Yes.
framework is respected?

(c) Are there cultural protectionism                    The Commonwealth has established a number of measures designed to protect the Australian
measures, in particular regarding the                   audiovisual industry. The main features of these measures are:
content of radio and television                                  regulation of Australian content through the standards imposed on commercial television
programmes (quotas) and the tax                                     by the Australian Broadcasting Authority and the drama expenditure requirement for
regime applied to the production of                                 subscription television;
records and films?                                               indirect support through taxation concessions for investment in Australian feature films,
                                                                    television mini-series and documentaries.
                                                                 tax incentives for big budget productions to be made in Australia.
                                                                 migration regulations governing temporary entry of foreign actors, crew and performers.
                                                                 international co-production treaties,
                                                                 rules governing foreign ownership of media
                                                                 funding of the national public broadcasters—Australian Broadcasting Corporation (the
                                                                    ABC) and the Special Broadcasting Service (SBS).
9. COLLECTIVE REPRESENTATION

9.1 Trade union freedom

(a) Are there legal provisions protecting Yes. It is illegal under the Workplace Relations Act (1996) to restrict freedom of association.
trade union freedom? If so, what are
they?
(b) What is the actual situation?                       Information not available.
(c) What is the situation for public                    In Australia, any employee from any industry is eligible to join a union (except members of the
sector workers?                                         defence forces).
(d) Are there pressures on those who                    Information not available.
wish to join or form a trade union?



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What law or regulations govern these                    The Workplace Relations Act (1996).
matters (please provide references)?
9.2      Collective agreements

(a) Do structures exist for negotiating                 Yes. Collective agreements are an acceptable way of negotiation in Australia. The right to collective
collective agreements?                                  agreements is covered by the Workplace Relations Act (1996).
(b) Are there collective agreements for                 Yes. All sectors have the choice of collective or individual agreements.
each sector?
(c) Are there collective agreements                     Not applicable.
ensuring a legal framework in the
different sectors?
9.4      Social dialogue

(a) Are there bodies for the promotion                  Not applicable.
of social dialogue?

(b) What is the status of such bodies                   Not applicable.
(public, joint, and union)?
(c) Are there bodies for mediation                      Yes. The Australian Industrial Relations Commission (AIRC) (http://www.airc.gov.au/). The AIRC
and/or appeals?                                         acts to prevent and settle industrial disputes within the limits specified by the Workplace Relations Act
                                                        (1996). Unions also mediate on behalf of their members.


(d) What is the status of such bodies                   The AIRC is an independent agency of the Australian Government. Unions are independent bodies.
(public, joint, and union)?




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10. CONTINUING TRAINING, RESEARCH AND FINANCIAL AID

10.1 Please list, with brief                            See response to 1.12.
descriptions, the professional schools
and continuing training institutions in
the following fields:
(a) visual arts: painting, sculpture,
graphic arts, photography and
multimedia;
(b) performing arts: drama, street
theatre, puppet theatre, the circus;
(c) film and audiovisual media;
(d) dance and choreography;
(e) literature;
(f) music: classical, opera, jazz, variety,
traditional, etc.
10.2 Are there institutions providing                   Yes. See response to 1.12.
training to artists in:
(a) administration?
(b) administrative management?
(c) career management?




AB 21/07/2012 21:10:00                                                               26
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