Music Festivals Act 2019 (NSW)

Music Festivals Act 2019 No 17

An Act to promote a safer environment at music festivals by requiring music festival organisers to comply with agreed health and medical plans; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Music Festivals Act 2019.

2 Commencement This Act commences on the date of assent to this Act.

2A Objects of Act (1) The objects of this Act are— (a) to regulate and support planning for music festivals in a way that is consistent with the expectations and needs of the community, and (b) to support music festival organisers in ensuring adequate measures are in place to deal with possible risks associated with music festivals, including access to advice from clinical and public health and safety experts, and (c) to facilitate collaboration between government agencies and music festival organisers to deliver safe music festivals. (2) Each person who exercises functions under this Act, including music festival organisers, must, in exercising the functions, have regard to— (a) supporting the development of the music festivals sector, including the development of the following in relation to music festivals— (i) employment, (ii) the live music industry, (iii) the arts, community, cultural and tours sectors, and (b) promoting harm minimisation measures relating to the consumption of liquor and drugs at music festivals to ensure the safety of persons attending the music festivals.

3 Definitions In this Act— agreed health and medical plan, for a music festival, means a health and medical plan agreed to under section 6 for the music festival. ambulance forward commander means the NSW Ambulance commander at an incident or emergency site or an event who is responsible for the command of all NSW Ambulance personnel at the site or event. concert means a music-focused event that includes all of the following— (a) the event uses a single stage, (b) the event is proposed to be held over a period of less than 5 hours, (c) the event has not more than 2 headlining performers and not more than 4 performers in total, including supporting performers, with 1 group or collective being considered to be a single performer. exercise a function includes perform a duty. function includes a power, authority or duty. Guidelines for Music Festival Event Organisers means the document titled Guidelines for Music Festival Event Organisers: Music Festival Harm Reduction produced by the Ministry of Health— (a) as in force from time to time, and (b) published on a NSW Government website. health officer means the following— (a) a member of staff of the Ministry of Health, (b) a member of staff of the NSW Health Service, (c) an ambulance forward commander, (d) a person engaged by a music festival organiser to provide health services at a music festival. Health Secretary means the Secretary of the Ministry of Health. ILGA means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007. inspector means an inspector appointed under section 20 of the Gaming and Liquor Administration Act 2007 for the purposes of this Act. intensive care unit means a unit for the observation, care and treatment of patients with life threatening or potentially life threatening illnesses, injuries or complications, from which recovery is possible, that is specially staffed and equipped for that purpose. music festival means an event, other than a concert, that— (a) is music-focused or dance-focused, and (b) has performances by a series of persons or groups that are engaged to play or perform to live or pre-recorded music, or to provide another form of musical or live entertainment, and (c) is held within a defined area, and (d) is attended by 2,000 or more people, and (e) is a ticketed event. music festival organiser, for a music festival, means the person or other entity noted on the public liability insurance policy provided to— (a) the owner or other person in charge of the premises on which the festival is to be held, or (b) the local council for the area in which the festival is to be held. music festival roundtable—see Part 4. performer includes a group, band or act. Secretary means the Secretary of the department in which this Act is administered.