Issues
Liability | Governance | Health and Safety | Planning |The Problem | The Solution
Liability
Fox Studios lease a site at Moore Park, 3 Kms from the Sydney CBD adjacent to 12,000
residences, five children’s crèches, four major schools, and two international sporting
facilities. The land is owned by Centennial Parklands Trust, a State Government
controlled trust, mandated under the Centennial Park and Moore Park Trust Act 1983.
The site was handed to Fox Studios in 1995 in a controversial deal between Rupert
Murdoch's Fox Studios Australia and the State Government which leased the 24.3 hectare site at Moore Park (see the lease)
"Producers" sign a contract with FSA (See the contract)
Who is implicated in operations at FSA?
Fox Studios
While FSA has attempted to shift liability for site operations to producers (see below), there are a number of procedural matters that do apply to FSA. These take the form approvals for particular activities such as:
- Construction
- Chemicals storage or 'holding'
- Fire, Firearms or Explosives
- Use of tarps, cycs, panoramic or other types of backings which are not fire-retardant in accordance with relevant Australian Standards.
- Animals
- Lighting (the use of any electric or power generated light outside the Licensed Premise)
If such activities are undertaken on or in the Licensed Premises, written consent from Fox must be obtained (Section 6.1 of Producer Agreement).
FSA must also be notified 48 hours before any external night shootstakes place. A night shoot is defined as taking place between 6pm and 8am (6.5 of Producer Agreement).
As part of this contract, Fox may "
Movie Producers (non-permanent sub-tenants)
Dark City: Producers
Babe 2: Pig in the City: Director and Producers
The Matrix 1,2, 3: Director and Producers
Farscape Series 1: Director and Producers
Mission Impossible 2: Director and Producers
Moulin Rouge: Director and Producers
Star Wars Ep 2: Director and Producers
Kangaroo Jack: Director and Producers
The Quiet American: Director and Producers
Star Wars Ep 3: Director and Producers
Stealth: Director and Producers
Son of the Mask: Director and Producers
Happy Feet: Director and Producers
Superman Returns: Director and Producers
Australia:
The Green Lantern: Director and Producers
What about businesses on-site that aren't film or television productions?
Fox Studios also advertises for businesses to occupy and use the workshops and facilities (see FSA website cutting edge advertisement) on a permanent basis.
If you have worked on the FSA site or visited it as an 'invitee' then you may also involved...
The contract signed by producers of films or television series, or indeed any sub-tenant of FSA, stipulates that the "producer" includes :
"... employees and contractors engaged by the Producer as well as the Producer's agents, servants and invitees." (p.2 of FSA contract with Producers)
This implies that in taking on work with a production company under these terms, employees, contractors, agents, servants and invitees are also taking on the responsibility of the production company to "comply" with "all Laws including any approvals or licences required" and "all orders, directions and demands given by or on behalf of any Public Authority relating to the premises"
(Producers Covenants, Schedule 5, part (l) sub-clause (i) and (iii), p 5)
Example: CanWest - Owners of Channel 10 are the commissioners of
Australian Idol (Fremantle Productions) and
So You Think You Can Dance and these shows were shot on the FSA site between x and x.
In the event of a explosion, fire or chemical
A ministerial directive (Craig Knowles) specifically states that Fire Risk Managment can access the site for the purposes of undertaking an approvals inspections for new buildings. What this leaves out is the oversight of the circumstances under which existing buildings comply with the fire safety risk managment that is appropriate to the activites for which the building is being used.
No Disclosure - No Compensation
Unless there is an explosion, fire or chemical that can be traced directly to the FSA. Accumulated damages to health from factory emissions will have to be pursued individually through the civil court system and the onus will be upon the individual member of the public to prove that the impact on their health is directly attributable to operations on the FSA site. Unsuccessful claimants may face large penalties in the form of court costs.
This has affected , and continues to affect, employees, students and visitors to:
- AFTRS
- Channel 10 - Australian Idol and So You Think You Can Dance until 2009
- Sydney Cricket Ground - note that there is a creche
- Entertainment Quarter - note that there are creches
- Equestrian Centre
- Sydney Football Stadium
- Tenants and Owners in surrounding area
- Victoria Barracks - Army Band and disclosure
The timeline of events outlines the unfolding of the health and safety provides an extensive listing of incidents and correspondence regarding the activities of tenants and subtenants on the FSA site.
See more details of the health and safety issues in our timeline of events at FSA
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