Entertainment & Arts Law · Work Health & Safety
Work health and safety in live performance.
A producer, venue or touring company owes work health and safety duties to freelance performers and crew, not only to employees. Here is who holds the duties, and what they cover.
By Aaron Kernaghan · Brady & Associates Lawyers · 13 September 2026
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.
Work health and safety law places a primary duty on any person conducting a business or undertaking, known as a PCBU, to ensure, so far as is reasonably practicable, the health and safety of workers and others. In the live performance sector a PCBU includes a venue operator, a producer, a touring company, and often an independent practitioner running their own business. The duty is set out in section 19 of the Work Health and Safety Act 2011 (NSW) and in the harmonised laws that apply in most states and territories.
The word worker is defined broadly. It covers employees, contractors and subcontractors, labour-hire staff, apprentices, work experience students and volunteers. So a producer owes work health and safety duties to freelance performers and crew, not only to employees. Victoria is the main outlier, because it did not adopt the harmonised model and still applies the Occupational Health and Safety Act 2004 (Vic), although the practical duties are broadly similar.
Who holds WHS duties in a production?
More than one party usually holds a duty at the same time. The producer, the venue and a specialist contractor such as a rigging company can each be a PCBU with concurrent duties toward the same workers. The law requires duty holders to consult, cooperate and coordinate with each other. On a shared production, the practical question is not who is responsible, because several parties are, but how they will work together to control the risks.
Officers and due diligence
Section 27 of the Work Health and Safety Act 2011 (NSW) places a duty on officers, such as company directors and senior decision makers, to exercise due diligence to ensure the business complies. An artistic director or general manager who makes decisions affecting a substantial part of the organisation can be an officer. Due diligence includes keeping up to date with WHS matters, understanding the hazards of the operation, and making sure resources and processes are in place to eliminate or minimise risk.
Common hazards in live performance
The sector carries hazards that many workplaces do not. Working at height and rigging above performers and audiences. Manual handling of sets and equipment. Stage combat, stunts and weapons. Pyrotechnics, haze and naked flame. Electrical safety around temporary power. Fatigue from long bump-in days and touring schedules. Each needs to be identified, assessed and controlled, with the most effective controls preferred over relying on care by individuals.
Psychosocial hazards, bullying and sexual harassment
Work health and safety duties now expressly extend to psychosocial hazards, such as bullying, excessive demands and sexual harassment. Regulations introduced across harmonised jurisdictions require these risks to be managed like any other. Separately, the Sex Discrimination Act 1984 (Cth) now imposes a positive duty on employers and PCBUs to take reasonable and proportionate measures to eliminate sexual harassment and sex-based harassment. For a sector with a history of these problems, this is a real and current obligation, not a background concern.
Contractors, volunteers and community theatre
The duties reach beyond paid employees. A community theatre or festival that engages volunteers is a PCBU and owes duties to them. Duties cannot be signed away: section 272 of the Work Health and Safety Act 2011 (NSW) makes any term that purports to contract out of the Act void. A waiver signed by a performer does not remove a producer's WHS duty.
Incidents, notification and enforcement
Serious incidents, called notifiable incidents, must be reported to the regulator, which is SafeWork NSW in New South Wales, and the site may need to be preserved. Breaches can lead to prosecution and significant penalties. Several jurisdictions, including New South Wales, the ACT and others, now have industrial manslaughter offences that apply where a WHS duty is breached and a worker dies. The message for producers and venues is simple: treat safety as a live legal duty owed to everyone on the production, and document how risks are managed.
Frequently asked.
Do WHS duties apply to freelance performers and crew?
Yes. A worker under the Work Health and Safety Act 2011 (NSW) includes contractors, subcontractors, labour-hire staff and volunteers, so a producer or venue owes duties to freelancers, not only to employees.
Can a performer sign away a producer's safety duty with a waiver?
No. Section 272 of the Work Health and Safety Act 2011 (NSW) makes any term that tries to contract out of the Act void. A waiver does not remove the WHS duty.
Are the rules the same in every state?
Mostly. Most states and territories apply the harmonised model WHS laws. Victoria is the main exception and applies the Occupational Health and Safety Act 2004 (Vic), with broadly similar duties.
Is sexual harassment a work health and safety issue?
Yes. It is treated as a psychosocial hazard to be managed under WHS law, and the Sex Discrimination Act 1984 (Cth) imposes a positive duty to take reasonable and proportionate measures to eliminate it.
Can a director be personally liable for safety failures?
Officers, including directors and senior decision makers, owe a due diligence duty under section 27 of the Work Health and Safety Act 2011 (NSW) and can be personally liable for failing to meet it.
If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.
This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.