MEAA and ADG crackdown on foreign TVC directors working illegally in Australia
The Media Arts Entertainment Alliance (MEAA) and the Australian Directors Guild (ADG) have joined forces and are working closely with the Department of Immigration to crack down on foreign TVC directors illegally shooting commercials on tourist visas.
According to the ADG, the practice is a serious breach of Australia’s immigration law which risks fines of up to $66,000 per offence for companies and two years imprisonment for individuals.
Says Kingston Anderson (pictured), CEO of the ADG: “Over the past year or so, we’ve uncovered a significant amount of evidence suggesting that some agencies and production houses have intentionally breached immigration laws by bringing out directors from the US, UK and elsewhere without the required work visas. If a TVC is being shot in Australia then the director must have a 420 visa. It’s the law. And it’s no different to other countries. If an Australian director tried to work in the United States without a visa, the producers would be prosecuted by the Department of State and the director would be deported and in some cases banned for several years form entering the country.”
According to the ADG, part of the role of the MEAA and ADG is to monitor the local production industry and there are several production companies in particular that have been closely monitored since 2014.
Says Anderson: “We monitor the industry by speaking directly with crew members, booking agents, and anyone else involved in the production process.
“Additionally, the MEAA can inspect and hold discussions with employees subject to the right of entry provisions in the Fairwork Act. And once a job is finished, it is relatively easy to monitor advertising industry websites and blogs to see who directed it. So, if there’s a foreign director with no visa application on our radar, we generally conclude that the director has worked illegally. And if the production company can’t provide us with a valid visa, then we report this directly to the Department of Immigration.”
Mr Anderson says most production companies do the right thing but there are those that don’t and “who think they’ll get away with it”.
Continues Anderson: “It’s risky because it’s a small industry and everyone knows what everyone is up to. Eventually, you’ll get caught. The Department of Immigration has the right to remove an illegal director from a production at any time without notice and potentially jail, deport or fine them, which would be an embarrassing and costly situation for everyone. We’d hate for that situation to occur so we’re urging production houses, agencies and clients to know the immigration laws and not breach them.
“We all acknowledge that creatives and production companies sometimes want to work with foreign directors who might have a particular skill set. That’s fine. They just have to do it legally. If an agency is thinking about working with a foreign director, they should ensure that the director has a valid visa, or will be entitled to receive one, before awarding the job. To be safe, agencies should ensure the production company actually provides them with a copy of the director’s visa. If in doubt, agencies and production companies should simply call the ADG or the MEAA.”
23 Comments
Well then, if the foreign director can’t come to us …
Looks like they can still come to you, they just need a work visa. Wasn’t that always the case, or am I missing the news here?
This kind of media release does little to endear anyone to local directors. I suspect it does the opposite and will be perceived by most as a parochialism, and rightly so.
If MEAA and the DGA want to crucify a local production company then give it your best shot.
Great, let’s pretend to help 1 local director to the detriment of the 40 local crew who will miss out on work that gets taken overseas. This is pathetic, short term thinking from the MEAA, again. Political manouvering.
How long does it take to apply and then be approved for a work visa. Do agency need to require this before they even award the job at treatment stage. Sounds like a potentially very messy situation. How exactly is this helping anyone.
Does this also prevent alot of overseas work coming this why to capitalise on our favourable dollar? New Zealand is much friendlier to shoot with intentional talent plus everyone gets a overseas trip.
I really hope the process for these work visas is efficient easy and relatively insured of success.
They’re punching themselves in the face here. This is the opinion of someone agency side, who helps create the work which fuels the Australian production industry, not some bod on a board.
I recall when I was working all over the world, I would require a work visa for that country, especially the US.
Why wouldn’t that requirement apply to Directors coming to Australia?
Creative people should not be subject to ridiculous and restrictive work visa laws. Not just Directors, all international film crew should be able to work here without the visa hassle. Including DPs Stylists and actors. Anyone with talent can go and work in the US easilly and look how succesful (and big) the industry is there.
See if it actually makes a difference. The majority of directors stealing business from Aussies are kiwis – no visa required hey bro.
That’s not correct. You need a visa to work in the States in advertising and in film.
Little Australia. Smaller all the time.
The MEAA have a conflict of interest in the process. A production company can do everything by the book in applying for the 420 visa and the MEAA still can refuse to approve it or stall it. The misconception is this mischief will result in a local director getting the job but in reality it kills the job and no crew member gets work. You can’t resent the MEAA looking out for its members but you can be disappointed that in doing so they inadvertently harm the very industry their members need to be healthy.
Prob really straightforward to hop on the ferry to New Zealand and shoot there no? After all, they’re all ginger, wear cork hats and eat alligators, don’t they?
its fairly simple ,employees of the clients , agencies, prod co employees all have valid work visas to work in Australia , why shouldnt foreign directors? you cant work in london new york france etc without them – in any industry, so why expect it to be different here .
australian directors work legally elsewhere in the world by playing by the rules.
wouldnt like to see any accidents on set here in oz with any non valid visa director (who is responsible for directing those 40 people you mentioned) …. maybe the clients and agencies would then jump in and take on the responsibility?
ADG and MEAA have a pretty global view in my opinion.
Thanks Steve and Bruce.
I notice you are the only ones who also don’t go by an anonymous name.
I’m sure many aus directors probably like to think the reason they’re not getting work is because of overseas directors. But the reason you’re not landing the jobs isn’t down to this. The good Aus directors get more than enough local work and can nip overseas and shoot commercials, reciprocating what talented OS directors do to shoot commercials over here. All you’re doing with more legislation (on top of; short shoot days, ridiculously high talent roll over fees and so on…) is making this country too difficult. Which is going to screw the crews who work hard for you. Can they really sit around waiting for you to land the job? And surely it’s only fair you increase their fee to justify this? After all, they don’t earn nowhere near as much as you. Or aus directors; you could focus on your reel, your art. Get it better, pull off simple great ideas and I’m sure before long you’ll be on holiday in Europe for a couple of weeks, or visiting friends in The States.
Which Foreign Director illegally working for which Local Production Company was it? Please name names. Trying to lump all the local production companies together is irresponsible. The good ones have always played by the rules.
The thing is, every Australian benefits from work visa laws. Imagine if, for example, all visa restrictions were removed from foreigners wanting to work in Australian creative industries….agencies, design and so on. There would be a flood of young americans and brits and others wanting to build a reel in our dynamic industry, supplanting Australians in these jobs.
So why should Australian directors not be afforded the same protections everyone else in creative industries here enjoy? In fact our 420 visa system is a far easier than the equivalent US visa.
Also, using the argument of the level playing field. Try working as an Australian director in the USA or Britain without a work visa. In the USA particularly the visa rules are very strict, and getting a visa is very, very expensive and time consuming. And the american film unions make the ADG and MEAA look very meek indeed. Try working illegally in the USA on a Local 600 unionised set and see how long til the set is closed or immigration arrives on a tip off!
Why shouldn’t we hold foreign directors to the same standards we are held to?
For sure, let the worlds best do projects here. We all want that. But a wholesale opening of the doors will ultimately weaken our whole industry, not just local directors work flow.
It’s pretty straightforward. The article is NOT saying we should change any laws – it’s saying abide by the current ones.
These laws apply to any business. Seems some people think overseas directors have some god-like status and should therefore be immune to the immigration law – that’s obviously not the case. They CAN’T shoot TVCs on tourist visas.
Same thing goes for Aussie directors who work overseas. They have to abide by the laws too or they can be jailed or deported.
Don’t take my word for it. Here’s what the Australian Government’s Department of Immigration website says:
https://www.immi.gov.au/About/Pages/compliance.aspx
FROM THE SITE: “Some Australian visas do not allow non-citizens to work while in Australia. Other visas, such as working holiday and student visas, only allow a limited amount or type of work.
Visa holders need to know and understand the conditions of their visa including whether they have permission to work. People found to be working illegally can have their visa cancelled and risk being detained and removed from Australia. Employers can also be fined or face criminal charges if they wilfully engage illegal workers.”
There have always been ways around getting a working visa / green card for the US. If you’re supervising a.k.a directing, you’re exempt.
But I guess with all the restrictions in Sydney specifically about crews, locations, shooting hours etc etc etc, this is just another nail in the coffin.
Brisbane on the other hand has butt ugly locations and weather, but are a lot friendlier.
Just get snoop dogg to direct your commercials.
They’ll be dank as hell, and he’s always got a 420 visa.
Australia does not have a great rep for treating foreigners without visas that well. Why would anyone risk going to one of our detention centers for a dumb ad? Get your visas people Villawood is a concentration camp!
We have an absolute smorgsboard of amazing directors in this country at a great price. You do have to ask why are we choosing offshore directors unless you are shooting offshore. And it is painful not being able to get face to face for a treatment brief, you never really get them until you are on the shoot when it’s sometimes too late.