Screen and Digital Games Industries Act 2025

This Act is the Screen and Digital Games Industries Act 2025.

This Act commences on 1 July 2025.

The dictionary in Schedule 1 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

The object of this Act is to assist, promote and strengthen the screen and digital games industries in New South Wales—

to promote Australia’s cultural identity and acknowledge the intrinsic worth of Australian stories to community wellbeing, and

to recognise and nurture screen and digital games storytelling as a public good, and

to encourage the employment of Australians in all aspects of screen and digital games production, and

to encourage investment in the screen and digital games industries and enhance the industries’ export potential, and

to encourage innovation and enhance quality in the screen and digital games industries, and

by promoting cooperation between the State, local councils and participants in the screen and digital games industries in a way that supports the screen and digital games industries.

The Secretary has the following functions under this Act—

to provide financial and other assistance to the screen and digital games industries in carrying out the industries’ activities in New South Wales and to disseminate information about the activities,

to provide financial and other assistance for persons whose work in the screen and digital games industries merits encouragement, including directors, producers, actors, writers, technicians and game developers,

to provide financial and other assistance for script, game or other project development for screen or digital games production,

to contribute, financially and otherwise, to the work of screen or digital games festivals and other events and markets,

to assist in—

the promotion of public interest in screen and digital games as mediums of communication and as art forms, and

the development of informed and critical screen and digital games audiences,

to provide policy and support services and advice to Government agencies on screen and digital games production,

to undertake screen and digital games production for the State or for other persons, bodies or organisations, including Government agencies,

to carry out obligations and responsibilities required for the maintenance and administration of the screen or digital games catalogue vested in the State.

The Secretary has the power to do anything necessary or convenient to be done for or in connection with the exercise of the Secretary’s functions, including the power to impose charges or fees for access to, or use of, resources, facilities or services of the Department as the Secretary considers appropriate.

The Screen and Digital Games Industries Advisory Committee is established.

The Advisory Committee consists of members appointed by the Minister.

The composition of the Advisory Committee must be determined by the regulations.

The Advisory Committee has the following functions—

to advise the Minister on the operation of the screen and digital games industries in New South Wales,

any other functions—

prescribed by the regulations, or

agreed between the Minister and the Advisory Committee.

The regulations may prescribe matters about the members and procedure of the Advisory Committee.

This section applies if a decision-maker is making a decision in relation to screen or digital games production including under this Act or another Act.

The decision-maker must ensure the following principles are complied with in making the decision—

applications for access to locations, services and approvals for screen or digital games production must be decided within—

timeframes provided in—

a policy published by the decision-maker making the decision, or

the applicable filming protocol, or

if a timeframe for deciding the application is not provided in a policy or protocol referred to in subparagraph (i)—a reasonable timeframe,

access to locations and services for screen or digital games production must be supported whenever practicable, taking into account public amenity, safety, security and other operational requirements,

fees for access to locations, services from government sector agencies or other approvals for screen or digital games production must be kept to a minimum and reflect only the cost of the access, service or approval being provided.

In this section—

decision-maker means the following—

a Minister,

the head of a government sector agency,

a local council.

A local council may be accredited as a screen production friendly local council.

Accreditation of local councils will be carried out and determined in accordance with guidelines issued by the Minister.

Without limiting subsection (2), the guidelines must provide for the process for accreditation, including—

the criteria to be considered in determining whether a local council will be accredited, and

other matters relating to the determination of whether a local council will be accredited.

The Secretary must keep a register of—

local councils that have been accredited under section 8, and

spaces and other locations accessible for screen production.

The register must be made available on a website of the Department.

The Secretary may delegate the exercise of the Secretary’s functions under this Act, other than this power of delegation, to—

a person employed in the Department, or

a person, or a class of persons, prescribed by the regulations.

A protected person is not personally subject to liability for anything done—

in good faith, and

for the purpose of exercising a function under this Act.

The liability instead attaches to the Crown.

In this section—

done includes omitted to be done.

liability means civil liability and includes action, claim or demand.

protected person means—

the Secretary, or

a member of the Advisory Committee, or

a person acting under the direction of the Secretary or a member of the Advisory Committee.