MEAA and ADG crackdown on foreign TVC directors working illegally in Australia

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Screen-Shot-2014-02-04-at-5.54.49-PM.jpgThe 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.”