Coalition Senators Dissenting Report

1.1The Liberals and Nationals submit the following concerns regarding the committee’s recommendations.

1.2The main impact of the much‑hyped National Cultural Policy in practice has been to fund and employ additional bureaucrats. This has delivered few observable benefits to Australian artists and creatives and those wishing to see Australian performers, as evidenced by submissions to this committee.

Response to Recommendation 1

The committee recommends the Australian Government consider, as a matter of priority, the provision of immediate funding support to the festivals sector.

1.3The Liberals and Nationals submit the Government’s failure to commit to the RISE (Restart Investment to Sustain and Expand) initiative, has had a negative impact on the festivals sector.

1.4Crucially, when the current Labor Government commenced, they refused to release $20 million in committed RISE funding that could have assisted the arts sector. Instead, the Hon Tony Burke MP, Minister for the Arts left the arts and performance sector to struggle through recovery from the pandemic without any additional support while they drafted new policy. The Labor Government could have funded many events and festivals with this $20 million, including those whose organisers appeared before this committee.

1.5The RISE program was a $200 million initiative funded by the former Coalition Government from 2020-2022. Through that period it funded more than 541projects creating over 195000 job opportunities across Australia, for experiences reaching more than 55 million Australians. That investment was significantly more than the Labor Government has provided to the events sector since its election in 2022 and the National Cultural Policy does nothing to replace it.

1.6Events funded through the RISE initiative included many festivals such as the Byron Bay Bluesfest, Falls Music and Arts festival, Under the Southern Stars, Good Things Festival, WOMADelaide, the Adelaide Fringe Festival; the Melbourne Fringe Festival; and Woodfordia.It also provided funding to circus and theatre productions including Circa, the Brisbane-based circus company with their Shaun the Sheep Show, Melbourne Theatre Company, Hamilton and Harry Potter the Musicals and a whole range of other shows.

1.7While Liberal and National members of the committee acknowledge feedback from witnesses about improvements to the RISE program, we believe these could easily have been addressed in adjustments to the guidelines.We note the current Government funding grants, which are substantially less than the RISE program, also do nothing to address these concerns.

Response to Recommendation 2

The committee recommends the Australian Government lead coordination with the festivals sector and insurance industry to reduce premiums for festivals and investigate options for ensuring access to insurance is available to small and medium operators.

1.8The Liberals and Nationals acknowledge the increasing cost of insurance across all sectors and the challenges that places on organisers of events and festivals large and small. These increasing costs, along with pressures associated with the cost of living crisis currently impacting all Australians is making the economic viability of festivals and events more tenuous.

1.9In understanding those pressures, it is important to also bring state and territory jurisdictions into the conversation, as many of the issues that impact on an events insurance, such as security and policing, land use and liquor licencing are delivered at a state level.This is logical as events also fit with the existing tourism and visitor attraction activities of state and territory governments.

Response to Recommendation 3

The committee recommends the Australian Government prioritise the introduction of its legislative reforms for local content requirements for streaming services to the Australian Parliament.

1.10 In Government, the Liberals and Nationals did detailed policy work on Australian content obligations for Subscription Video On Demand services (SVODs). That work balanced Arts and Communications portfolio policy considerations and drew on the ACCC’s 2019 Digital Platforms Review which recommended ‘harmonising of the media regulatory framework’, so that as much as possible the rules which apply to media businesses should be consistent across different platforms and technologies.

1.11Conversely, there is a bizarre policy bifurcation under the Albanese Labor Government.It appears Australian content requirements as they apply to free to air and subscription services sit with the Minister for Communications, the Hon Michelle Rowland MP, and SVOD services appear to sit with the Minister for the Arts, the Hon Tony Burke MP.

1.12As a result, the policy framework being considered by the Albanese Labor Government for Australian content requirements on SVOD services appears completely disconnected from the requirements which apply for free to air and subscription television.

1.13In Senate Estimates, neither Labor Senator the Hon Carol Brown nor Deputy Secretary of the Department of Infrastructure, Transport, Regional Development and Communications, Mr Richard Windeyer, could say whether Minister Rowland or Burke would be ultimately responsible for relevant legislation.

1.14The stream of confusion between Ministers Rowland and Burke is creating policy paralysis.

1.15The opaque nature of industry consultation, whereby stakeholders have been required to sign non-disclosure agreements, has done nothing to clarify this confusion.The Interim Report outlines the two models that were provided to streaming services and industry in November 2023 being either an expenditure or revenue model, yet there has been no further indication of which model the Government has opted for.

1.16The self-imposed deadline for implementation of Australian content quotas of 1July2024 is fast approaching yet there has been no public release of draft legislation for open consultation despite reports that the draft would be ready for consideration in February or March this year.

1.17It is now May, with only two Senate sitting periods between now and the 1July implementation date which does not allow adequate time for any legislation to be properly considered, particularly if the issue of harmonisation has not been adequately resolved.

1.18The issue of Australian content quotas for SVODs must be determined as part of a consistent approach to Australian media policy, weighing up all relevant factors including the interests of the Australian production sector, the sustainability of SVOD services, and competitive neutrality between different parts of the media sector.

Senator Perin Davey

Participating member

Nationals Senator for New South Wales