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VOL 1. NO 10.
ADVERTISING . MARKETING . ENTERTAINMENT
COMPLIANCE REVIEW
QUARTERLY
A TA L E N T PAY P U BL I C AT I O N
Lights, Camera, Action.
How to Comply and Keep our Kids Safe.
The recent court cases involving high
profile entertainers and allegations of
abuse have highlighted why organisations
need to provide safe environments for
children working in the ‘grown up’ world
of entertainment.
Employers, agents and parents have
shared legal and ethical responsibilities
and obligations for ensuring a child’s
employment in this sector is appropriate,
safe and a positive experience.
BY kerryn Boland
The Office of the Children’s Guardian
(OCG) is an independent government
agency that regulates the employment
of children in the entertainment and
exhibition, still photography, door-to-door
sales and modelling industries in NSW.
It oversees the rules for who can
employ children, when, for how long
and what the employer must do to care
for them. These laws are in addition
to occupational health and safety laws and
industrial relations
Awards and conditions.
The OCG works
to ensure children
employed in these
industries have their
emotional, social,
physical and developmental needs met and
are protected from
inappropriate or unreasonable demands.
Rehearsals at the Australian Theatre for Young People
Continued on page 6.
Now is the Time for a New Approach
to Talent Contracts
BY LINDSAY MOUAT
Hands up if you really believed five
years ago that you would be consuming
entertainment, news and hopefully,
advertising, across multiple screens and
that you expected to be making use of
myriad media platforms whenever and
importantly wherever you wanted. It
doesn’t take a PhD in rocket science to
understand that technology has changed
the world of media and communications
irrevocably and at a breathtaking pace.
Whether it’s mobile, multi-screening or
on-demand, our media landscape has
changed like never before.
At the same time what we have
known as advertising has also changed
markedly. Short-run campaigns, social
media, native advertising and more
has created an insatiable appetite for
branded content across more media
forms and an explosion of channels.
Clients, ad agencies and media owners
have collectively confronted and are
adapting to this explosion of new
media platforms and devices and the
new world order that is created. Continued on page 5.
IN THIS ISSUE
Features
Lights, Camera, Action 1
Now is the Time for a New
Approach to Talent Contracts 1
The New Age of Cultural
Imperialism 1
From the Editor
2
Emerging Markets for
TalentPay Identified3
There’s Two Wheels and
There’s Two Wheels
5
Regulars
The Local Eye
2
The Global Eye
8
Q&A9
The New Age
of Cultural
Imperialism
Let me tell you a story
about advertising in Asia.
BY paul loosley
In 1984 or thereabouts, while in Hong
Kong our agency created a campaign for
Nespray powdered milk for kids. The theme,
loosely translated from Cantonese read,
“The cow on the 15th floor”. (Geddit?) The
scripts, as prescribed, were sent for vetting to
Nestles’ headquarters in Vevey Switzerland. A
response came winging back. “Love the scripts,
hate the theme”. “Why?” we timidly asked.
“Well”, they replied, “the Nespray market
is lower income households; people on the
15th floor must live in expensive penthouses”.
We pithily shot back; “Oh no, in Hong Kong
everyone lives on the 15th floor”. The theme
scraped through – barely. The Prime Tower
in Zurich, the highest building in Switzerland,
and an office block to boot is a piddly 36 floors.
Continued on page 4.
compliance review
2
Vol 1 No 10.
the local eye
From the Editor
Welcome to the latest edition of CRQ, an edition with some brand new
contributors and a distinctly international feel.
From New Zealand, Lindsay Mouat, Chief Executive of the Association of New
Zealand Advertisers writes of issues confronting his industry, particularly those
relating to talent management. His thought provoking piece will undoubtedly
resonate with readers in Australia as well as New Zealand.
Early in the life of CRQ, we were privileged to publish an article by Kerryn Boland,
the NSW Children’s Guardian. In this edition we welcome her back as she
contributes a thorough and detailed article summarising current legislation and
the issues and legislative changes involved in employing children in NSW. This
is an article that should not be missed by any of us in the marketing, advertising
and entertainment industries and we here at CRQ commend it to our readers.
We are also pleased to publish an article from Paul Loosley on the pitfalls of
ignoring cultural differences in the Asian advertising landscape. Paul is a vastly
experienced advertising man, having worked throughout Asia as a agency creative
director for many years and subsequently as a highly regarded and successful TVC
director and producer. In ‘The New Age of Cultural Imperialism’ Paul brings his
customary wit and wry humour to what is nonetheless a serious topic.
In an interview with CRQ’s editor, Michele Vernasca, TalentPay’s Chief
Operating Officer , talks of his recent trips to New Zealand and Asia. Michele had
the opportunity to talk with many senior players in the marketing and advertising
industries in those regions. He sees both New Zealand and Asia as potential
markets for TalentPay’s online delivery systems and business model.
Along with our regular features, we think this edition of CRQ represents
entertaining and informative reading. Enjoy.
Brian Geach, Editor
LETTERS & EMAILS
Please address all letters to:
The Letters Editor
Compliance Review Quarterly
PO Box 1182
Broadway 2007
or email us at: [email protected]
If you wish to become a regular recipient of
CRQ, email us at [email protected]
© TalentPay Pty Ltd 2012
All rights reserved. No part of this
publication may be reproduced without
written permission of the copyright holder.
Website www.talentpay.com.au
Compliance Review is published
quarterly by TalentPay Pty Ltd
Level 1, 44 Mountain St
Ultimo NSW 2007, Australia
Email [email protected]
Tel +61 2 8204 4700
Editor Brian Geach
Fax +61 2 8204 4750
Publisher Greg Reilly
National Toll Free 1800 147 074
Design Debra Jackson
Email [email protected]
News from around Australia
•
A health and safety representative in the
workplace has been sacked after being found
guilty of backdating a hazard assessment report,
even though his immediate superior had directed
him to do so after a worker had been injured.
Appealing against his dismissal, the representative
argued that he had merely followed the directions of
his superior. His employer countered saying that
the representative would have been well within
his rights to object to his superior’s directions
by seeking further counsel on the matter. The
employer characterised the representative’s
behaviour as that of ‘intentional dishonesty’. The
fate of the supervisor is unclear.
• In what may become a benchmark case, the Fair
Work Ombudsman has taken legal action against
an employer on the basis of age discrimination.
The employer who informed a member of his
staff that he would be sacked on his 65th birthday
was fined $30,000 for unlawful dismissal and for
failure to keep adequate records. The employee
who had worked for the company for fifteen years
was awarded $10,000 in compensation. The Fair
Work Ombudsman said in her final judgement
that ‘the outcome of this case served as a warning
to employers that age discrimination would not
be tolerated’.
• A worker who was seriously injured at a party
at her employer’s premises has been refused
leave to appeal against a decision made in her
employer’s favour. The worker had been injured
after loosing her balance and falling from a flight
of stairs incurring serious head and brain injuries.
In her original submission to the court, the
worker held that attending the party was part of
her workplace responsibilities. The court found
in her favour but the verdict was subsequently
overturned on appeal, with a finding in the
employer’s favour. The High Court in delivering
its judgment, noted that an appeal ‘would not
enjoy sufficient prospects of success to warrant a
grant of special leave’.
Address all correspondence to:
Compliance Review Quarterly Talentpay
PO Box 1182
Broadway NSW 2007, Australia
Tel 8204 4700 Fax 8204 4750
National Toll Free 1800 147 074
Email [email protected]
Compliance Review is distributed to
subscribers free of charge for education
and information purposes.
Subscription enquiries:
[email protected]
or visit www.talentpay.com.au
Any views expressed by contributors in this
document are those of the individual author
and are not held or endorsed by TalentPay.
The information contained in this document
is general only and should not be taken as
legal or professional advice, which should
be sought in specific cases.
compliance review
3
Vol 1 No 10.
Emerging Markets
for TalentPay
Identified.
Compliance Review Quarterly Editor Brian Geach,
sat down with Michele Vernasca, Chief Operating
Officer of TalentPay in Australia to chat about
Michele’s recent trip to Asia and New Zealand.
BG: So, the obvious question. What
prompted your travels?
MV: Well I guess the simple answer is
that at TalentPay we’ve identified New
Zealand and Asia as potential markets
for our product and business model. In
New Zealand’s case we were finding that
an increasing number of productions
originating from Australia as well as
others originating domestically, were
asking TalentPay to become involved,
so we needed to familiarise ourselves
with the market in New Zeaand as soon
as possible with a view to establishing a
presence. Whilst it is not a dissimilar
talent compliance landscape to Australia
there are however significant differences.
BG: What were your impressions of
the industry there, in particular the
employment of talent and the compliance
and contractual issues that are implicit in
that employment and where do you see
similarities and differences?
MV: Overall I found the advertising
industry pretty healthy. What I did
notice was there seems to be much more
of a collegiate atmosphere amongst
stakeholders. Advertising agencies on
behalf of their clients and casting and
talent agencies tend to cooperate more
than I expected and their standard
talent agreements and contracts are a
result of that cooperation. This standard
agreement is written in clear and easily
understood language with contemporary
references to rapidly changing media.
I was also very impressed by the level of
competency in the industry which was
evident not only at a senior levels but at
junior levels also.
As far as talent is concerned, in New
Zealand they are paid as contractors with
a 20% withholding tax paid paid at source.
That source can be the advertising agency
if the talent is freelance, or the talent
agency for talent that has representation.
Talent agents bill a fee of 20% of the
contracted talent fee to the advertising
agency for administering this, along with
a 10% commission from their talent on a
per job basis.
BG: It sounds pretty impressive. Is there
a place there for TalentPay though?
MV: Absolutely. TalentPay can bring to the
New Zealand market the same advantages
that it delivers in Australia; enhancement
of the roles of existing stakeholders, better
organisation through all levels of talent
procurement and management, greater
transparency and consistency, contract
negotiation skills and administration and
centralised usage rights management
system via our online software.
BG: And the next move?
MV: We have established an office in
New Zealand and are now looking for
the right people to staff it, so watch this
space.
BG: I believe too you’ve recently
returned from a trip to Asia?
MV: Yes. I attended the 43rd IAA
World Congress in Beijing and then
went on to Singapore to speak with
advertising agencies, production houses
and talent agencies. I really needed to be
on the ground for some face to face fact
finding. It was an invaluable experience
and again I was encouraged by the
reception TalentPay’s business model
received.
BG: But Asia is a very different region
than Australasia though; different
countries with different legislation and
levels of prosperity for instance.
MV: Couldn’t agree more. Very different
to Australia and New Zealand but in a
very important way, that’s what makes
TalentPay’s offering significant. The
diversity and fragmentation throughout
Asia provides a great opportunity for
TalentPay to become a centralised and
specialised ’go to’ organisation that is
across the vagaries of this diverse region.
Our online Cloud delivery system is ideally
placed in this environment and whilst each
country in Asia is different, we see Asia in
general as an opportunity, not a problem.
In my view it will only enhance the various
stakeholders’ interests and capabilities.
BG: So where to in Asia for TalentPay?
MV: Well, I have to say, I was immensely
encouraged by the reception TalentPay
received during my travels in the region
and although our plans in Asia are not
quite as advanced as our New Zealand
ones, I have no doubt that we will have a
presence in Asia in the very near future.
BG:
Exciting times for TalentPay?
MV:
Exciting times indeed!
compliance review
4
The New Age of Cultural Imperialism.
(I am writing this on the 15th floor of a block
in the shadow of the 88-floor Kuala Lumpur
Twin Towers and I am a church mouse).
The point of the tale is that the West
or any major home base has a tendency to
judge by their local standards and worse, to
enforce compliance based on those standards
everywhere else particularly out here in
‘Jungleland’. I could regale you with many
such stories from multinationals.
This kind of thinking was once occasional
and sometimes avoidable; now it is endemic
and the major aim of most global marketers.
And this ‘imported’ advertising is where
Asian advertising is currently heading. (And
probably the rest of the world too).
Vol 1 No 10.
Continued from page 1.
Firstly, agencies are shrinking. For
example; recently two major agencies, DDB
& BBDO in Taiwan have just merged (Both
owned by one of the large ad conglomerates
who now dominate the advertising
business). Most agencies are down-sizing
because they simply don’t require the
headcount anymore if the creative is done
elsewhere. And the knock-on effect of
fewer and/or less qualified, less expensive
ad folk is that local advertising for local
products suffers too.
And then there is the destruction of the
TV advertising film production industry.
Malaysia’s TV commercial production
industry, which once had government
restrictions on what
could and couldn’t
be ‘imported’, became
deregulated around
2000. (It’s a long
and complicated
story best saved for
another day). As a
result Malaysia’s
TV ad production
industry has declined
a decline conservatively placed at
75% in the last 10
years. In fact Australia
went through this in
1991 and I believe it
caused the industry
to shrink markedly
and for many of
the best and most
talented industry
Paul Loosley is an English person who has been in Asia 36 years, 12 as professionals to split
an advertising Creative Director, 20 making TV commercials. And, as for greener pastures.
he still can’t shut up about advertising, he tends to write when asked. Where as Indonesia,
Any feedback; mail [email protected] (but not while I’m in the bath) who actually brought
in restrictive TV
ad production rules
shortly after 2000,
Don’t get me wrong. It’s not xenophobia, has seen its industry grow dramatically.
racism, insensitivity or even unfamiliarity. Go figure!
It’s now purely economic. Simple and very
Another consequence is a reliance on
convenient arithmetic.
digital media. Asians love the interweb (who
Why spend money on campaign develop- doesn’t?). Spending on digital advertising
ment, creative, production etc. for umpteen is predicted to grow 22% this year and Asia
markets when one campaign will do? will be the 2nd biggest digital market in the
I’m talking about saving squillions in ad world. Again it’s a game of numbers. So many
people can be reached for nominal amounts;
expenditure.
Music to the ears of the bean counters (who the burning desire to go ‘viral’ seems to
now run most of the major corporations and ad dominate. And that’s all that counts; bang for
buck. At first hand I have heard it requested
agencies).
that something meant for use on the internet
And here’s the rub; these days saving money should be produced cheaply. When asked
(on what is a bit of a necessary evil anyway) far whether the people working on it should be
outweighs any flimsy, airy-fairy cultural gains.
less qualified or whether production quality
So what are the consequences for Asia of should be lowered the answer is always ‘of
this ‘Cultural Imperialism’?
course not’. So then why, one asks, should it be
cheaper? And the answer is usually, ‘because it
is on the internet’. There is a genuine inability
to determine the difference between form and
content; the delivery system and the thinking.
Although there are signs that creativity on the
net is beginning to take root; smart content
with strong ideas seems to be on the rise; but
that also means the costs will be rising too. I
predict that internet advertising will become
as expensive as the old ‘conventional’ media
in a few years. But again, especially with the
global nature of the medium, it will gradually
move from local to central creation and
production.
The only thing holding back this ‘advertising
imperialism’ (apart from Indonesia’s regulated
market) is what you might call ‘cultural
protectionism’. The Thais and the Japanese
are particularly adept at this one; ‘it won’t
work here’, ‘us Japanese will not understand
it,’ being the battle cries. For years this has
worked. Unlike Australia or Malaysia, these
are cultures that westerners find hard to
penetrate, the languages being particularly
distancing. Examples like Camay who
advertised their soap in Japan with a European
girl luxuriating in the bath, seeing her lathering
up was positively disgusting to Japanese who
simply felt she was bathing in her own filth!
KFC failed miserably when first launched in
Malaysia with the Chinese translation of the
theme ‘finger lickin’ good’ coming out as, ‘So
good you will want to eat your fingers’. But
these are highly visible disasters and easily
discounted. And as the world continues to
shrink, ‘cultural’ mores may no longer stem
the tide.
In summary; quirky, interesting advertising
based on local peccadillos is fading away.
That’s a fancy, soft retrogressive thought in the
face of the great global ideals of commonality
and cost saving.
But the real downside to all this is that
a single common approach and economies
of scale demand the lowest common
denominator. This unfortunately means
finding means and ways of avoiding local
needs, local cultures, local interests and
local fun.
And most recently the final irony is that
‘Tiger’ beer, that most Asian of brands, went
to Australia to create and produce their new
advertising campaign. Possibly as bizarre
as going to China to do the next Vegemite
ads. But then Asia is just another market.
Marketing evangelism, the idea that might is
right and the subsequent economic benefit, is
everything.
I leave you with the somewhat appropriate
words of a famous Asian politician, “A free
market doesn’t mean a fair market”.
Inscrutable!
compliance review
5
Vol 1 No 10.
There’s Two Wheels
(and there’s two wheels).
It seems nowadays that any executive
worth their salt spends their leisure time
clad in lycra astride a state of the art,
carbon fibre push bike. At TalentPay
though, the Chief Operating Officer,
Michele Vernasca has eschewed self
propelled two wheelers for a somewhat
more rapid mode of progress, namely a
Ducati racing motorcycle.
Michele started riding racing bikes
in Italy at the age of sixteen. Since
arriving in Australia in 2003, Michele,
who has a Masters Degree in Accounting
and Commercial Law, regularly
attends track days on circuits around
Sydney.
Now is the Time for a New Approach to Talent Contracts.
Continued from page 1
What we have failed to do is
successfully deal with the issues these
changes make to the way we source
and remunerate talent for advertising
content. Seemingly when it comes
to talent, we are still working in a
world where the 30-second television
commercial is all powerful, somewhat
reminiscent of a certain Wizard in the
Land of Oz.
As Darren Woolley at TrinityP3 has
previously argued, as an industry we
remain mired into a system that pays
the talent appearing in advertising in
the same way we have for more than 20
years. The methodology of actors’ fee
calculations has not kept pace with the
changing advertising landscape, making
the process complex, time consuming
and difficult for all involved.
For advertisers it is an often
unsatisfactory situation that needs to be
addressed but instead it too frequently
gets put in the too hard basket. So how
can we change?
Firstly we need to stop looking at
media in isolation within a contract.
While the multiplicity of devices now
available mean there are additional
opportunities to view, that does not
translate into larger audiences. Viewing
is moving between media not growing
incrementally other than through
population growth. In fact it can be
argued that technology is reducing the
opportunity to view with the ability to
avoid advertising by fast-forwarding
through recorded content or using adblockers. Maintaining artificial media
definitions in contracts adds complexity
but no value to talent contracts.
At the same time, it is rare these
days for clients to have the luxury of
planning a full year of exposure or even
certainty of which media to be used.
Demand for branded content generation
adds a further complexity. Competitive
business conditions are too fluid and
planning horizons ever shorter, but
contracts rarely reflect that, originating
as they do from a totally different
business environment. We all know the
perils of negotiating additional exposure
after the initial contract. For that reason
there needs to be more flexibility built in
to talent contracts.
That leads to a fundamental question.
What is the client paying for? Is it
exposure or is it in fact the performance,
where the actor brings their skills to the
creative process and can materially impact
on both the time and resources required
to create an advertisement. Surely it is
the latter which should materially drive
an appropriately structured remuneration
more than how often an advertisement
may or may not be viewed.
A final frustration is the use of
historical content. For those paying the
bills it seems absurd that ads that are no
longer being used in paid advertising
may appear on agency or production
house websites but cannot reside on
corporate or brand pages as part of the
fabric of the brand without ongoing fees.
ANZA certainly don’t have all the
answers of how this plays out, but
ignoring the complexity of our current
and future media world and the changing
nature of advertising will not resolve
these frustrations. By not tackling these
issues, advertisers and their agencies will
increasingly look for alternative ways to
achieve their needs, perhaps by using
staff as actors or avoiding talent entirely
in creative executions. All parties need to
recognise how our industry has changed,
be prepared to address the reality of our
current and future media environment and
revamp the existing talent remuneration
system so it is fit for purpose.
LINDSAY MOUAT is the Chief
Executive of the Association
of New Zealand Advertisers
(ANZA), with more than 25
years marketing experience with
Glaxo, Fletchers and Unilever.
He is also Chairman of the NZ
Advertising Standards Authority.
compliance review
6
Vol 1 No 10.
Lights, Camera, Action.
Continued from Page 1.
The legislation that governs this work is
the:
• Children and Young Persons (Care
and Protection) Act 1998; and
• Children and Young Persons (Care
and Protection) (Child Employment)
Regulation 2010
To read the legislation in full go to www.
legislation.nsw.gov.au
How Does the Legislation affect
Employers in the Entertainment
Sector?
If you employ children under 15 years
of age in entertainment, exhibition, still
photography and door-to-door sales, or
children under 16 years of age for any
type of modelling, you are required to:
• obtain an Authority to employ
children in NSW (unless you
qualify for an Exemption from this
requirement)
• comply with the Code of Practice,
which sets out the rules and
requirements for protecting children
while they are employed
• give a minimum seven days’ notice to
the Children’s Employment Team at
the Office of the Children’s Guardian
of your intention to employ a child
• provide production information
regarding the conditions of the
child’s employment to demonstrate
compliance with the Code of Practice.
Children’s employment also includes
payment to a parent or organisation for
the child’s services. It is also important to
remember that payment for a child’s services
includes money or material benefits such
as royalties, deferred payment, vouchers,
coupons, showbags etc.
It is important to remember that any
person such as a talent agent or casting
agent must not provide a child’s services to
unauthorised employers otherwise there is
an $11,000 fine that may occur each time
the child is employed illegally. The Office
of the Children’s Guardian has a list of
authorised employers for you to check.
Go to www.kidsguardian.nsw.gov.au to
find out more or contact the Office of
the Children’s Guardian, Children’s
Employment section on 02 8219 3600 or
[email protected]
The Code of Practice
requires employers to:
• keep
a record of the child’s
employment
• notify the intention to employ
a child to the Office of the
Children’s Guardian at least
seven days in advance of the
employment occurring
• notify any risks associated with
the employment
• meet education requirements
• ensure safe travel home after the
employment
• provide appropriate food and
drink
• provide access to toilets and
private change rooms
• protect children from the extremes
of climate
• ensure no child is subjected
to behaviour likely to punish,
humiliate or frighten a child
• allow a child to be able to contact
a parent at all times
• limit the employment of children
to the maximum allowable work
hours and days/week for children
of different ages
• limit employment hours for
children who travel longer than
90 minutes to or from the place
of work
• provide mandatory rest breaks
• ensure that the role is appropriate
for the child, and that the work
directions are not likely to cause
distress
• ensure no child or any other
person has an exposed genital
area, buttocks or in the case of
female children or other persons,
breasts
• ensure appropriate supervision
for children while they are
employed
• meet special requirements for
employing children under 3 years
and babies under 12 weeks of age.
Productions and ‘Confronting’
Material
Employers have a responsibility to
ensure that a child is not disturbed by
confronting material in the production
they are working on. The child’s age,
maturity, emotional or psychological
development and feedback from parents
will determine if a role is appropriate or
advisable.
The legislation requires that employers
inform parents and children of the
nature of the role, how the child will be
portrayed in the final product and the
possible consequences (such as being
teased at school).
Every family has different views about
allowing their children to be exposed to
adult content. Consulting with parents
and encouraging young people to speak
up about their concerns benefits the
industry and reduces potential conflict.
When children are on set they must
not be exposed to scenes which are likely
to cause distress. Strategies that deal
with any sensitive material, including
using sound effects and close ups where
possible, will help minimise a child’s
exposure to confronting content.
An employer should also ensure that a
child can make contact with their parent
at all times.
Supervision
The legislation and regulations are
very clear about the need to provide
adequate supervision for a child while
they are working.
The best person to support and
supervise a child is their parent or
a nominated trusted adult such as a
grandparent. If a parent or trusted
adult is not available the employer
must provide a supervisor.
If the child is less than 6 years old
the supervisor needs to be a qualified
child care worker, registered nurse
or midwife (who must not have any
other responsibilities while supervising
children).
If the child is more than 6 years old
they must be supervised by an adult
with training or experience in caring
for children of the appropriate age (who
must not have any other responsibilities
while supervising children).
Continued on Page 7.
compliance review
7
Vol 1 No 10.
Lights, Camera, Action.
Continued from Page 6.
Safer workplaces for
children
Complying with the legislation is
only the first step in looking after
the children you work with.
There are lots of other things you
can do to help keep children safe,
happy and productive including:
• Developing
•
•
•
•
Child Safe policies
and a Child Safe code of conduct
Effective staff recruitment and
training so they can identify and
respond to behaviour that might
be risky to children
Verifying the Working With
Children Check for relevant
staff members
Encouraging children and young
people to speak up so you can
effectively deal with concerns or
complaints, including training
staff on how to respond
Have a plan for managing
potential environmental risks
to children
If you would like to learn more
you can attend the free Child Safe
Organisation training seminars and
events conducted by the Office of the
Children’s Guardian contact the
CSO unit on (02) 9286 7276.
The New ‘Working With
Children Check’
The Office of the Children’s Guardian’s functions recently expanded to
include administration of the Working
With Children Check (WWCC).
A WWCC is a prerequisite for anyone
in paid or voluntary child-related work
in NSW, including in the entertainment
industry.
However, a WWCC is NOT the
Employer Authority required when
you employ children in entertainment
exhibition, still photography, modelling
or door-to-door sales.
Child-related
volunteers,
paid
workers and self employed people are
subject to the same Check, however if it
is paid work there is an $80 fee.
The process involves a national police
check and a review of findings of misconduct. The results are either a clearance to
work with, or a bar against working with
children.
Barred applicants may not work or
volunteer with children. Cleared applicants
are subject to continuous monitoring for
new NSW criminal and disciplinary records.
The Check lasts for five years and the
applicant can take their WWCC authority
number to any position that they hold
where they work with children.
Employers need to register and verify the
WWCC number of all employees who are
required to get the Check. Go to www.check.
nsw.gov.au to find out more.
Roles that Need a WWCC
If you work in the entertainment
industry your role will determine if you
need to get a WWCC.
Nurses, chaperones, tutors and drivers
employed to assist children in accordance
with the requirements of the Code of
Practice in Schedule 1 of the Child
Employment Regulations are required to
obtain a WWCC.
Others who may have one on one
time with a child but are not specifically
employed to assist and support children,
such as wardrobe and make up personnel
and directors, may also be required to get
a WWCC if their work is classified as child
related work under the Child Protection
(WWC) Act 2012 and the Child Protection
(WWC) Regulation 20B.
A person is engaged in child related
work if the work involves direct contact
(ie physical or face-to-face contact) with
children.
However, not everyone in a production who comes in contact with a child
will need to get a WWCC.
Each production and what roles are
exempt from requiring a WWCC will
need to be considered by the Office of
the Children’s Guardian on a case by case
basis, by reference to the Child Protection
(WWC) Act 2012 and the Child Protection
(WWC) Regulation 20B.
Existing Workers
Existing workers (including contractors)
who have had a WWCC under the old
system (pre June 2013) will be phased in to
the new system according to the industry
sector they belong to.
Employees that work with children in
the film, television and live performance
industries come under different industry
sectors depending on their positions. If you
are self-employed or a contractor you also
need to obtain a WWCC.
While a Working with Children Check
can be an important tool in an organisation’s
approach to being child safe, it cannot
identify people who have not previously
been caught or are yet to offend.
Child safe strategies that go beyond a
Check and which are tailored to the different
environments where children spend their
time are the most effective prevention.
Continued on Page 8.
Examples of positions that work with children in the entertainment industry and their
sectors phase-in dates for the WWCC:
INDUSTRY SECTORS - PHASE-IN DATES
POSITION
INDUSTRY SECTOR PHASE-IN DATES
Drivers
Transport Services for Children
1 Apr 2014 to 31 Mar 2015
Nurses
Children’s Health Services
1 Apr 2016 to 31 Mar 2017
Chaperones
Early Education and Childcare
1 Apr 2017 to 31 Mar 2018
TutorsEducation,
Private Tuition and Coaching
1 Apr 2016 to 31 Mar 2017
For more information about the WWCC phase-in schedule go to www.kids.nsw.gov.au/
Working-with-children/New-Working-With-Children-Check/Resources
compliance review
the global eye
News from around the world
•
In a telling comment on the state
of child protection laws in the US,
Paul Petersen a former Mouseketeer
who runs A Minor Consideration, an
industry lobby group for the rights of
children working in show business,
said recently, “Had the mother who
gave birth to octuplets in 2009 and put
them on reality TV been a German
Shepherd and given birth to eight pups,
those puppies would have had more
protection than her children. What a
world we live in that at the end of the
movie it says no animal was killed or
injured in the making of this film, and
it doesn’t say that for children?’’.
• In another example of social media
going badly wrong, a Singapore Tourism
Board’s campaign appearing on YouTube
and Facebook aimed at attracting Filipino
visitors to Singapore has been soundly
ridiculed for its poor production values
and ‘cheesy’ storyline. In the commercial
a young Filipino couple are portrayed
enjoying the sights of Singapore, an
experience culminating in the presentation
of a what appears to be a jewellery box
by the young man to his partner. And
the contents of the box? A ring perhaps, a
watch or a bracelet? Nope.Try a pregnancy
testing kit. A director of the STB noted
that the ad had been withdrawn because
‘it was not resonating well with audiences.’
• A young camera assistant was killed
and seven others injured on the first
day of filming Midnight Rider, a feature
length biopic of Gregg Allman. The
death occurred on a railroad bridge west
of Savannah Ga. when a CSX train struck
the 27 year old camera assistant after
she was hit by debris from a hospital
bed that had been placed on the track.
The case has serious implications for all
those involved in the production as it
appears it was a ‘guerrilla shoot’, that is
a shoot undertaken without the relevant
permissions. Wayne County Sheriff’s
department released a statement saying,
‘the film crew were not authorised to be
on CSX property’.The Director’s Guild
of America has yet to respond.
8
Vol 1 No 10.
Lights, Camera, Action.
Continued from Page 7.
Child Safe in Practise an Example
Child Safe in Practise Modelling
The dance industry supplies a
lot of talent for shows, employing
children in entertainment, exhibition
and still photography. Where children
are employed for a performance it’s
important they are employed by an
authorised employer.
Office of the Children’s Guardian
has recently collaborated with the
dance industry to help them take
the right steps towards being more
child safe.
The strategies they developed
are an example of how to tailor
policy and practice for a specific
industry including:
• Costume and wardrobe areas that
are separate to the bathroom
facilities to reduce the risk of
photos being taken in the change
rooms and bathroom facilities.
• Children’s costumes are not
provocative.
• Children are not photographed
or videoed if undressed or not
suitably clothed.
• Clear policy on social media such
as dance teachers not being friends
with children on Facebook.
• Ensure that photos/videos,
including of performances and
rehearsals, are not published or
posted online unless the employer
/ producers and everyone in
the photo/footage have given
permission. If they’re under 16
the permission of their parent /
guardian must be given as well.
• Avoid tagging children and young
people in photos online and only
use their first names.
• Documented rules for staff,
volunteers and students that make
it clear what is appropriate and
inappropriate behaviour with
children, such as where to touch
children when correcting dance
positions and informing them
beforehand if they are to be
corrected by touch.
Organisations involved in kids
modelling are encouraged to ensure:
• Children are only employed by an
authorised employer
• Studio owners and agency owners,
photographers and managers have
clear expectations of professional
behaviour from their workers.
• An induction of all staff in these
expectations and child safe
practices (including contractors,
part-time and casual workers) has
been conducted.
Adults involved in kids modelling
should:
• Work in an open environment.
• Avoid spending time alone with
children and be within sight of
other workers when working with
children. • Encourage open and appropriate
communication with children
where secrets and special relationships are not allowed. • Treat all children equally and
with respect and dignity.
• Put the welfare of each child
before all other consideration.
Children and young people
(under 18 years) in modelling should:
• Be included in decisions that affect
their involvement in modelling.
• Be encouraged to raise an alarm
with a trusted person if they feel
uncomfortable, scared or anxious.
• Be told what adults can and cannot
do when working with them.
Ms Kerryn Boland
is the NSW Children’s Guardian.
compliance review
9
Vol 1 No 9.
Q&A
Compliance Review Quarterly’s panel answers your compliance questions.
If you have any questions you would like our panel to consider please contact the editor at
[email protected]
Q:
Am I able to sign a performer
contract on behalf of one of
my talent clients if I don’t
have an agreement with that client?
Talent Agent, Sydney
A:
Agency law in Australia
recognizes that an agency
may be created by written
or oral agreement. In your circumstance, the law will determine
whether an implied agency exists
by objectively assessing whether
your actions and your clients
actions reasonably implies both
your intentions to have you act as
their agent.
There is nothing in the new
Entertainment Industry Act 2013
that states a power of attorney is
needed in order for you to sign a
contract on behalf of your talent.
As long as your talent has given you
consent to sign the contract on their
behalf, as this is compliant with the
Act’s code of conduct (Schedule
1, s2). It is in your best interest to
discuss the terms and conditions
with your talent prior to signing any
form of agreement on their behalf.
Ella Patero,
Legal Counsel, TalentPay
Q:
My partner and I are
thinking of starting a talent
and model agency in NSW.
We believe there is new legislation
that affects fees we can charge? Is
there a cap on these fees we can charge
talent whilst acting as their agent?
Prospective Talent Agent, Newcastle
A:
Pursuant to the Entertainment Industry Act
2013, you will be able to
charge 10% of the total performance fee of your talent. If
your talent is involved in live
theatre, you may charge 10% of
the total performance fee for up
to 5 weeks duration. Anything
beyond the initial 5 week period
you will be able to charge an
extra 5%.
If you have a contract in place
with your talent (referred to as an
‘entertainment industry managerial
agreement’ in the Act), you will
be able to charge more than the
specified percentages in the Act if
you provide additional services to the
talent regarding the management
of his or her reputation, career or
career development Remember,
the contract must have an ‘additional
fee acknowledgement’ clause that
makes it clear you will charge your
talent in excess of the fee caps.
It is also important to note that
you cannot charge talent a
joining fee when they sign up
to your talent agency.
Ella Patero, Legal Counsel,
TalentPay
Q:
Will we need to send a child
supervisor/chaperone when
children are attending wardrobe checks?
Advertising Agency Producer,
Melbourne
A:
For any production,
whether it be still shoot
photography, TV media
productions or voiceovers,
involving children under the age
of 15, child welfare agencies in
the relevant state will need to be
informed. Codes and regulations
in Victoria and New South Wales,
require employers who are
employing children under the age
of 15 to apply for a permit. The
legislative requirements in each
state requires that all employers
must apply for a work permit
if children are involved in preshoot activities such as wardrobe
checks and rehearsals. A suitable
child supervisor/chaperone must
also be present at these activities.
Therefore, if a child is called to
attend wardrobe and rehearsals,
the same principles apply as
if it was shoot day for a media
production.
Ella Patero, Legal Counsel,
TalentPay
Disclaimer: * The answers provided by individuals or the organisations they represent, do not constitute legal advice or legal services and are
for general information purposes only. Legal advice needs to be tailored to the unique facts and circumstances of  an individual case and the
answers provided here are not a substitute for obtaining your own independent legal advice.