Senate debates

Tuesday, 13 June 2023

Bills

Creative Australia Bill 2023, Creative Australia (Consequential and Transitional Provisions) Bill 2023; Second Reading

6:37 pm

Photo of Malarndirri McCarthyMalarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speec hes read as follows—

CREATIVE AUSTRALIA BILL 2023

Context

The Creative Australia Bill 2023 delivers on the Government's commitment to expand and modernise the Australia Council for the Arts and establish Creative Australia. This is the second tranche of legislation that implements the government's National Cultural Policy, Revive: A place for every story, a story for every place. This Bill will establish two of the four new bodies announced in Revive; Music Australia and Creative Workplaces, and the Government will be bringing forward further legislation to establish the First Nations body in July next year and Writers Australia the following year.

The creation of the Australia Council in 1975 was a pivotal moment for Australia's arts and culture sector. It embodied the Whitlam Government's unwavering belief in the value of the arts, and its ongoing commitment to delivering decisions on arts investment at arm's length from government.

Creative Australia

The formation of Creative Australia through this Bill builds on this strong foundation. It transforms Australia's principal arts funding body into a modernised entity that is able to harness the current opportunities available to the arts and entertainment sector, while bringing together public, private and commercial support for the arts. This is a strategic shift that will greater leverage opportunities in the arts.

Creative Australia will provide more support to our valued arts and culture sector through restoring the Brandis cuts and increasing funding and services for artists, arts workers and businesses.

Australia Council Board

This Bill establishes the governing and accountable Board for Creative Australia which will remain the Australia Council Board—retaining its name and connection to the creation of the Australia Council by the Whitlam Government in 1975. It will continue to be the accountable authority with full oversight of Creative Australia and will give directions to the Music Australia and Creative Workplaces Councils.

The Board will be refreshed with increased membership of up to fourteen members. This increase reflects the expanded functions of Creative Australia and will ensure that the appropriate skills and expertise are represented across its broad remit. The new Australia Council Board established under this legislation will be critical in providing leadership and direction as Creative Australia delivers on the first stages of the measures set out in ReviveMusic Australia and Creative Workplaces—as well as those measures that are still to be rolled out, including the First Nations body, works of scale fund, and Writers Australia.

Music Australia

By introducing this legislation and expanding Creative Australia's functions and services, this Government is responding directly to calls for change from the sector. During the consultation for the national cultural policy, submissions from the contemporary music industry called for a body to be established that would develop a framework for long term investment and strategic focus.

This Bill establishes Music Australia within Creative Australia, which will empower the Australian contemporary music industry to rebuild and realise its local and global potential. With over $69 million in funding over four years from 2023-24, Music Australia will allow for greater strategic delivery, leadership and support for Australia's contemporary music industry.

To oversee the programs and services delivered under Music Australia, this Bill establishes a Music Australia Council to provide strategic advice and guidance to the Australia Council Board and the initiatives for contemporary music to be delivered by Music Australia. Funding under Music Australia will also support the important work already established by Sounds Australia, an export music market development initiative, with annual funding secured for Sounds Australia to expand its global work. The Bill will ensure that the Chief Executive Officer of Creative Australia appoints a director responsible for the work of Music Australia. This role will be crucial in ensuring that the investments to be delivered as part of Music Australia are achieved.

Creative Workplaces

Creative Australia recognises that artists and creatives throughout our great landscape, from metropolitan cities to the red desert, are workers. In exchange for what they give us, they should have safe workplaces and be remunerated fairly.

That is why this Bill sets up Creative Workplaces within Creative Australia to provide advice and support to the sector. Creative Workplaces will provide a central and safe point of call for people working in the arts and entertainment sector to seek confidential advice. It will provide advice on the appropriate channels to help resolve situations, including referrals to Safe Work Australia, Fair Work Commission and Australian Human Rights Commission. Creative Workplaces will deliver safer places of work and will raise and set safety standards across all art forms. Organisations seeking federal Government funding will need to adhere to these standards.

To oversee the important work of Creative Workplaces, this Bill establishes a Creative Workplaces Council. The Council will be responsible for providing advice and guidance to the Australia Council Board on the programs and services to be delivered by Creative Workplaces. Funding delivered by the Council will also include $1 million annually to Support Act to make sure that this crucial service of specialised counselling and mental health support services to the music sector will continue. The Bill will ensure the Chief Executive Officer of Creative Australia appoints a director of Creative Workplaces to oversee this critical and important work.

Cultural policy context

Australia's first cultural policy came from Paul Keating with Arts Minister Michael Lee in the form of Creative Nation. In 2013, Julia Gillard and Arts Minister Simon Crean gave us Creative Australia. Now 10 years on, the Albanese Government has delivered a cultural policy for the next five years: Revivea place for every story; a story for every place.

The Bill introduced today lays the foundation for the ambitious agenda set out in Revive, by establishing essential governance structures within Creative Australia to enable it to deliver to the sector.

The success of Revive doesn't rest with government. When you see someone who has mastered their craft, expressing their culture, it reaches you. Great artists take you on a journey; a musician can do it from the first bar, an actor from their first lines, an author from the first page, a painter from that first glimpse.

This is who we are entrusting with the success of Revive.

What these Australians do with the cultural policy will determine the look, feel and soundtrack to life in our nation. This legislation is the foundation for artists and arts workers, enabling them to create our next national treasures, supported by government.

Conclusion

In Australia, we have not always valued the connection between the artist and their audience enough. But as we all experienced in the pandemic, we know how much we miss it when it's not there. How many of us longed to see a performance, go to a cinema, visit a gallery or be in the mosh again.

A robust creative sector involves a rich ecosystem of cultural organisations and supporting artists, art workers and businesses. Creative Australia will be able to advocate for the sector, provide crucial services for arts workers, increase philanthropic and private giving for the arts and increase commercial avenues for Australian arts. This new legislation and the Government's increased funding acknowledges the importance of creativity and how it spans communities, industries and borders. Australia's cultural output will grow because of this targeted investment in arts and the establishment of these Councils which will guide the strategic delivery of funding to the sector.

The next important step will be to embed a First Nations led body within Creative Australia. This is a critical measure which requires extensive consultation with First Nations artists and arts workers, First Nations arts organisations, First Nation leaders and First Nations communities, on what this should look like.

A creative Australia is an innovative and inclusive nation where creative workers, communities and businesses thrive. We play a role in fostering the creative forces of our nation and strengthening our identity through the generous voices of our creative workers. As audiences and makers of art, music, theatre and culture, it is our responsibility to cultivate and nurture the stories yet to be shared—the opportunity for Australians to deliver their own masterpieces, their own written story, their own album, that will be revered and cherished.

Our creative nation is finally being given the chance to flourish. The creative workers behind it—workers like any other, who have bills to pay and families to feed—have the opportunity to be part of a sustainable and secure profession. Through this new Bill and the establishment of Creative Australia, Australia's arts and cultural sector will take centre stage right across the globe.

CREATIVE AUSTRALIA (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2023

The Creative Australia (Consequential and Transitional Provisions) Bill 2023 makes consequential amendments and provides transitional arrangements to Commonwealth laws to support the proposed establishment of Creative Australia. This is in line with this government's National Cultural Policy—Revive, and celebrates Australian arts practice that is recognised nationally and internationally for its excellence.

The key element of the Bill is to provide for the repeal of the Australia Council Act 2013, and to facilitate the continued operations of the entity during its transition from the Australia Council to Creative Australia in accordance with the proposed new enabling legislation, the Creative Australia Bill 2023. This will ensure business continuity and prevent disruption of funding or services to artists, arts workers and organisations.

To avoid any doubt, the Bill clarifies that staff currently employed at the Australia Council will continue as employees of Creative Australia on their existing employment terms and conditions. Similarly, consultants currently engaged by Australia Council will continue to be engaged by Creative Australia on the same terms and conditions. Mr Adrian Collette will continue in the role of Chief Executive Officer under Creative Australia, further ensuring the smooth transition.

The new Australia Council Board established under the Creative Australia Bill 2023 will be critical in providing leadership and direction as Creative Australia delivers on the first stages of measures under Revive. Therefore, the Board will be refreshed with increased membership to reflect the expanded functions of Creative Australia and to make sure that the appropriate skills and expertise are represented across the broad remit of the entity. This Bill provides the mechanism for that refresh, with all existing Board members, other than the Chief Executive Officer, ceasing to hold office after the repeal of the Australia Council Act 2013. Committees established under the Australia Council Act 2013 will also cease at the transition time.

To ensure there is no delay in the appointment of the new Board, this Bill dispenses with the requirement for the Minister to consult the Chair in making initial appointments to the Board at the transition time. Similarly, the Minister will not be required to consult the Chair of the Music Australia Council or the Chair of Creative Workplaces Council on its initial appointments.

Safeguards have been included to avoid any doubt and prevent any disruption in Creative Australia receiving its allocation of Government funds under the relevant Appropriation Acts. This Bill also specifies transitional reporting requirements to ensure Creative Australia continues to remain accountable for its expenditure and operations.

Together with the Creative Australia Bill 2023, this Bill will deliver much needed support to Australia's creative sector. It demonstrates this Government's commitment to the arts and delivers on the National Cultural Policy.

This Bill ensures a seamless transition in operational and governance arrangements to Creative Australia—a restored and modernised Australia Council and the centrepiece of Revive.

Debate adjourned.

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