FILM EXHIBITION AND DISTRIBUTION

CODE ADMINISTRATION COMMITTEE

Information Bulletin 2/98

Film Industry Conduct Code

Up and Running

A Code of Conduct to resolve disputes between film exhibitors and distributors is now fully operational.

The Code, which has been signed by all of the major players in the industry, is the result of an inquiry conducted by the Australian Competition and Consumer Commission into complaints about unfair practices in the supply, terms and conditions of film exhibition.

One of the most important provisions of the Code is the appointment of a Conciliator whose main task will be to help resolve disputes which arise under the Code. The Committee has appointed Mr David Newton, one of Australia’s most experienced conciliators and a former Conciliator in the oil industry, to perform this task.

Under the new arrangements, sanctioned by the ACCC, the Code of Conduct will be supervised by a Code Administration Committee which has on it an independent chairman and representatives of all sections of the industry.

The independent chairman is Mr John Dickie, a former Chief Censor and Director of the Office of Film and Literature Classification.

The purpose of the Code is to provide for a fair and equitable dealing between all distributors and exhibitors and to provide a non-legalistic, cost-effective and commercially orientated means of avoiding and settling disputes.

The principle governing the operation of the Code is that each exhibitor and distributor will deal with each other on a fair and equitable basis at arms length having regard only to legitimate commercial interests and on the basis of the Code.

The Code sets out in detail arrangements covering the supply of prints, trading terms and the supply of information. It also sets out the obligations exhibitors and distributors have to each other.

It recognises that disputes will arise about the scope and interpretation of provisions of the Code in its application to particular circumstances and has set out procedures to be followed in disputes which may arise. The emphasis in the initial stages is for each of the parties to discuss the issues and attempt to reach an agreement.

The Code says that the parties shall make every effort to resolve the dispute in good faith and fairly at this level but no later than 14 days from the date where the complainant raised the issue.

Failing that, the Code sets out the procedures for Mr Newton’s involvement

The costs of using the Conciliator will be borne equally by each of the parties using his services.

Although the secretariat for the administration of the Code will be in Sydney, the Administration Committee plans to hold regular meetings in other capital cities and in regional centres. The purpose will be to involve as many members of the industry as possible and to bring attention to the existence and operation of the Code.

Procedures for Settling Disputes

People in the industry wishing to access the Code’s provisions must first be signatories to the Code. All industry participants are urged to become signatories to the Code.

Signatory application forms are available from the Code Secretariat as are copies of the Code. Details of how to contact the Secretariat are set out below.

A complainant can always try to resolve a dispute directly with the other party through negotiation with different people in the organisation.

However, to resolve a dispute under the Code, a complainant must follow this procedure:

  1. First obtain a copy of the Code
  1. Write to the other party setting out
  • the background and issues in dispute
  • the grounds on which you believe the Code has been breached
  • the outcome or result you desire
  1. The party complained against is required to reply in writing within 7 days
  1. Both sides are required within 14 days from when the complainant raised the issue to make every effort to resolve the matter
  1. If the matter is still not resolved then either side can telephone the Conciliator, Mr David Newton, on 02 9264 9506.
  1. The Conciliator will:
  • check that the parties are signatories to the Code
  • ask for copies of the correspondence in paragraphs 2 and 3 above
  • ensure the dispute is covered by the Code
  • send the parties an explanation of the conciliation process and a conciliator appointment agreement
  • arrange to meet each party for a separate preliminary meeting to understand the issues and to assist them to prepare for conciliation -those meetings can be wherever suits the parties.
  1. The Conciliator will set down the time and venue for conciliation in consultation with the parties.
  1. The parties can have legal or other representatives at the conciliation if they wish but are not required to do so.
  1. The Conciliator will assist the parties reach their own fair and equitable agreement. The Conciliator does not make binding decisions but can make recommendations.

In most cases the parties will reach their own agreements. If they do not, then the Conciliator may make a recommendation in which case the parties are required to report back to the Conciliator within 14 days on action taken on the recommendation. If a recommendation is not adopted the Conciliator will make a report to the Code Administration Committee.

Where is the Secretariat

Film Exhibition and Distribution Code Administration Committee (FEDCAC)

C/- The Accord Group

Level 2

370 Pitt Street

SYDNEY. NSW 2000

Contact: Ms Judith Cahill

Tel: 02 9264 2327

Fax: 02 9264 8268

Email:

Membership of the Code Administration Committee

John DickieChairman

Tel: 02 9810 4818

Fax:: 02 9810 0094

Mobile: 0411 128 043

Email: HYPERLINK mailto:

Major Exhibitors

Paul JohnsonHoyts

Executive Director

Tel: 02 9273 7433

Fax:02 9273 7399

Email:

Ross EntwistleVillage Cinemas

General Manager

(Film Buying and Marketing)

Tel:03 9281 1036

Fax:03 9804 8201

Email;

Robert MansonGreater Union

Managing Director

Tel:02 9373 6754

Fax:02 9373 6547

Email:

Major Distributors

Stephen Basil-JonesColumbia TriStar Films

Managing Director

Tel:02 9272 2900

Fax:02 9272 2991

Email: HYPERLINK mailto:

Michael SelwynUnited International Pictures

Managing Director

Tel:02 9265 0204

Fax:02 9264 2499

Mobile: 0416 002 735

Email: HYPERLINK mailto:

Ian SandsRoadshow Film Distributors

Managing Director

Melbourne

Tel:03 9667 6592

Fax:03 9667 6930

Email: HYPERLINK mailto:

Independent Exhibitors

Michael HawkinsEIEA

Chief Executive Officer

Australian Multiplex Cinemas

Tel:07 3355 3353

Fax:07 3354 4700

Email: HYPERLINK mailto:

Harry WaghornCOAA

Tel:02 4274 2777

Fax:02 4276 4405

John Madge

Bathurst Cinemas Ltd

Tel:02 6332 3224

Fax 02 6334 2531

Email:

Independent Distributors

Robert Reeve/

Richard BeckerAIDA

Becker Entertainment

Tel:02 9438 3377

Fax:02 9439 1827

Email: HYPERLINK mailto:

Richard SheffieldPolygram Filmed Entertainment

Managing Director

Tel:02 9207 0684

Fax:02 9251 9654

Email: HYPERLINK mailto:

Conciliator

David Newton

2/370 Pitt Street

Tel:02 9264 9506

Fax:029264 8268

Email: HYPERLINK mailto:

Secretariat

Judith Cahill

2/370 Pitt Street

Tel:02 9264 2327

Fax:02 9264 8268

Email: