New South Wales Consolidated Acts

ENTERTAINMENT INDUSTRY ACT 1989 - SECT 36

36 Directions by Council to employers and operators of premises

(1) The Council may, by written notice served on an entertainment industry employer, issue a direction to the employer concerning any matter relating to the employment of performers by that employer, including a direction as to the employer’s obligations under any award, industrial agreement or entertainment industry contract to a performer or an entertainment industry representative.

(2) The Council may, by written notice served on the operator of any premises at which a performer is employed to give a performance, issue a direction to the operator concerning any matter relating to the employment of performers at the premises.

(3) An entertainment industry employer or an operator is only required to comply with any such direction to the extent that it is within the employer’s or operator’s capacity to comply with the direction.

(4) An entertainment industry employer or an operator who is served with a notice under this section is entitled, within 7 days of receiving the notice or within such further time as the Council may allow, to show cause to the Council why the employer or operator should not comply with the direction concerned.

(5) If:

(a) the entertainment industry employer or operator fails to show cause within that 7 days, or

(b) the entertainment industry employer or operator shows cause but the Council confirms the direction (with or without any variation),

the employer or operator is, subject to Part 5 (Reviews by Administrative Decisions Tribunal), required to comply with the direction.

(6) An entertainment industry employer or an operator who, without reasonable excuse, fails to comply with a direction is guilty of an offence.

Maximum penalty: 50 penalty units.

(7) In this section:
"operator", in relation to premises, means a person (not being an entertainment industry employer or the owner or lessor of the premises) who is in charge of the day to day operation or management of the premises.