Sets up a 26-member music festival roundtable (Minister-appointed government reps; industry-nominated members) that meets at least four times a year, visits a festival site once, and reports to the Minister annually (ss 3–5). It prescribes calendar deadlines for organisers and agencies to exchange and agree health, medical and safety plans before a proposed festival (120–14 days), allows police and the Secretary to propose or apply conditions, and permits the Health Secretary to delegate functions to health staff (ss 6–15).
This regulation prescribes organisational, timing and administrative details to support the Music Festivals Act framework. Mechanically it does four things. First, it establishes a Music Festival Roundtable with specified membership, meeting frequency, venue expectations and reporting obligations (Part 2, ss 3-5). Second, it fixes prescribed days and time‑reckoning rules for a set of procedural steps under the Act, including when organisers must notify the Secretary of a proposed festival, when health and medical plans must be provided and agreed, when law enforcement and safety schedules must be submitted and approved, and the time available to the Commissioner of Police and to appellants for particular steps (Part 3, ss 6-14). Third, it clarifies that the Health Secretary may delegate certain functions under the Act to staff of the Ministry of Health and the NSW Health Service (Part 4, s 15). Fourth, it sets commencement and naming mechanics (ss 1-2).
The regulation is explicit that many of these provisions are not freestanding powers but prescribed days connected to specific sections of the Act. For example, the requirement to notify the Secretary 120 days before the proposed start is expressed as the prescribed day for the Act, section 10AA(1) (s 13). Similarly, the deadlines for lodging an appeal under the Act and for providing a health and medical plan are respectively tied to the Act, sections 5A(3) and 6(2) (ss 7 and 8). The regulation therefore operates as a timing and governance supplement to the Act rather than as an independent substantive regime.
The regulation also prescribes transparency mechanisms. The roundtable must prepare an annual report each year within four months after 30 June and deliver it to the Minister, who must cause publication on an appropriate government website and table the report in each House of Parliament within one month after receipt (s 5). The regulation contains amendment annotations that show recent insertions and subsequent amendments (see notes to ss 3, 6-14 and 15). The regulation does not itself introduce criminal sanctions, nor does it set fees or licensing conditions; its focus is procedural prescription and institutional design.
Current sections
Direct links to the current provisions in Music Festivals Regulation 2024.
(a) 13 members chosen by the Minister to represent the Government including, for example, members chosen to represent the following—
(i) Ambulance Service of NSW,
(ii) Create NSW,
(iii) Destination NSW,
(iv) Fire and Rescue NSW,
(v) NSW State Emergency Service,
(vi) NSW Rural Fire Service,
(vii) Office of the 24-Hour Economy Commissioner,
(viii) the Secretary,
(ix) the Cabinet Office,
(x) the Department of Planning, Housing and Infrastructure,
(xi) the Ministry of Health,
(xii) the NSW Police Force,
(xiii) Transport for NSW, and
(b) 13 industry representatives, being—
(i) 4 members nominated by the Australian Festival Association, and
(ii) 2 members nominated by DanceWize NSW, and
(iii) 1 member nominated by the Australian Recording Industry Association (ARIA), and
(iv) 1 member nominated by APRA AMCOS, and
(v) 1 member nominated by MusicNSW, and
(vi) 1 member nominated by Live Performance Australia, and
(vii) 1 member nominated by Local Government NSW, and
(viii) 1 member nominated by Unions NSW, and
(ix) 1 member of a private medical provider nominated by NSW Health, and
(x) 1 member who represents regional areas in NSW, nominated by one of the following, as agreed by the co-chairs—
(A) a person or body that represents regional NSW,
(B) a person or body that represents the music festival industry, and
(c) up to 2 additional members nominated by a person or body that represents peer-based harm reduction services if agreed by the co-chairs of the music festival roundtable.
s 3: Am 2024 (509), Sch 1[1].
4
Meetings
4 Meetings
4 Meetings
(1) The music festival roundtable is to meet at least 4 times in each calendar year.
(2) At least 1 meeting of the music festival roundtable in a year is to be held at a music festival site.
(3) A member of the music festival roundtable may delegate the member’s attendance at a meeting in accordance with a process agreed by the co-chairs of the music festival roundtable.
5
Reporting
5 Reporting
5 Reporting
(1) The music festival roundtable must, within 4 months after 30 June in each year—
(a) prepare a report on the activities of the roundtable during the year that ended on that 30 June, and
(b) give the report to the Minister.
(2) The Minister must ensure a copy of the report is—
(a) published on an appropriate government website, and
(b) tabled in each House of Parliament within 1 month after receiving the report.
Part 3
Time periods
Part 3 Time periods
Part 3 Time periods
pt 3: Ins 2024 (509), Sch 1[2].
6
Day by which direction to provide health and medical plan is to be given—the Act, s 5
6 Day by which direction to provide health and medical plan is to be given—the Act, s 5
6 Day by which direction to provide health and medical plan is to be given—the Act, s 5
For the Act, section 5(4)(a), the day is the day that is 7 days after a determination is made under the Act, section 5(1) that the music festival requires an agreed health and medical plan.
s 6: Ins 2024 (509), Sch 1[2].
7
Time period for lodging appeal notice—the Act, s 5A
7 Time period for lodging appeal notice—the Act, s 5A
7 Time period for lodging appeal notice—the Act, s 5A
For the Act, section 5A(3), the day is the day that is 14 days after the direction is given under the Act, section 5(3) that a health and medical plan must be prepared and provided for the music festival.
s 7: Ins 2024 (509), Sch 1[2].
8
Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
8 Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
8 Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
For the Act, section 6(2)(a), the prescribed day is the day that is 60 days before the music festival is proposed to start.
s 8: Ins 2024 (509), Sch 1[2].
9
Decision about agreeing to health and medical plan—the Act, s 6(5)
9 Decision about agreeing to health and medical plan—the Act, s 6(5)
9 Decision about agreeing to health and medical plan—the Act, s 6(5)
For the Act, section 6(5)(a), the prescribed day is the day that is 14 days before the music festival is proposed to start.
s 9: Ins 2024 (509), Sch 1[2].
10
Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
10 Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
10 Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
For the Act, section 6A(2), the prescribed day is the day that is 30 days after the day on which the Secretary gave the Commissioner a copy of the notice under section 10AA(2)(b) for the music festival.
s 10: Ins 2024 (509), Sch 1[2].
11
Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
11 Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
11 Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
For the Act, section 6A(3)(a)(ii)(A), the prescribed day is the day that is 60 days before the music festival is proposed to start.
s 11: Ins 2024 (509), Sch 1[2].
12
Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
12 Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
12 Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
For the Act, section 6A(5)(c)(i), the prescribed day is the day that is 14 days before the music festival is proposed to start.
s 12: Ins 2024 (509), Sch 1[2].
13
Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
13 Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
13 Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
For the Act, section 10AA(1), the prescribed day is the day that is 120 days before the proposed music festival is proposed to start.
s 13: Ins 2024 (509), Sch 1[2].
14
Reckoning of time
14 Reckoning of time
14 Reckoning of time
Despite the Interpretation Act 1987, section 36, if a provision of this part expresses a period of time from a day, act or event, the period commences—
(a) from the beginning of the day, or
(b) the beginning of the day on which the act or event begins.
s 14: Ins 2024 (509), Sch 1[2].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
pt 4: Ins 2024 (558), Sch 1.
15
Delegation—the Act, s 20
15 Delegation—the Act, s 20
15 Delegation—the Act, s 20
For the Act, section 20(1)(b), the Health Secretary may delegate the exercise of a function of the Health Secretary under the Act to the following authorised persons—
(a) members of staff of the Ministry of Health,
(b) members of staff of the NSW Health Service.
s 15: Ins 2024 (558), Sch 1. Am 2025 (145), Sch 1.
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Music Festivals Regulation 2024.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on the day on which the Music Festivals Amendment Act 2024 commences.
Part 2 Music festival roundtable
Part 2 Music festival roundtable
Part 2 Music festival roundtable
3 Membership of music festival roundtable
3 Membership of music festival roundtable
3 Membership of music festival roundtable
The members of the music festival roundtable are—
(a) 13 members chosen by the Minister to represent the Government including, for example, members chosen to represent the following—
(i) Ambulance Service of NSW,
(ii) Create NSW,
(iii) Destination NSW,
(iv) Fire and Rescue NSW,
(v) NSW State Emergency Service,
(vi) NSW Rural Fire Service,
(vii) Office of the 24-Hour Economy Commissioner,
(viii) the Secretary,
(ix) the Cabinet Office,
(x) the Department of Planning, Housing and Infrastructure,
(xi) the Ministry of Health,
(xii) the NSW Police Force,
(xiii) Transport for NSW, and
(b) 13 industry representatives, being—
(i) 4 members nominated by the Australian Festival Association, and
(ii) 2 members nominated by DanceWize NSW, and
(iii) 1 member nominated by the Australian Recording Industry Association (ARIA), and
Readers should note how this instrument links administrative decision points in the Act to hard calendar deadlines, prescribes meeting and reporting formats for an intergovernmental and industry forum, and vests certain operational discretion in co‑chairs, the Secretary and the Health Secretary’s delegatees (see ss 3-5, 12 and 15).
Main concepts
The regulation revolves around a small set of discrete concepts that structure festival governance and administrative timing. These concepts are: the Music Festival Roundtable, prescribed days tied to Act provisions, time reckoning, meetings and reporting, delegation of Health Secretary functions, and connections to the Act and other instruments.
Music Festival Roundtable: The roundtable is an advisory and coordinating body with 26 core members divided evenly between government representatives (13 chosen by the Minister) and industry nominees (13), plus up to two additional members from peer‑based harm reduction services if the co‑chairs agree (s 3). The list of government bodies the Minister may choose to include is illustrative and lengthy, naming ambulance, health, emergency services, transport, planning, the 24‑Hour Economy Commissioner, and the NSW Police Force among others (s 3(a)). Industry representation is allocated by named bodies and associations including the Australian Festival Association, DanceWize NSW, ARIA, APRA AMCOS, MusicNSW, Live Performance Australia, Local Government NSW, Unions NSW and a private medical provider nominated by NSW Health (s 3(b)).
Meetings and participation: The roundtable must meet at least four times per calendar year and at least once at a festival site (s 4(1)-(2)). Members may delegate their attendance in a way agreed by the co‑chairs (s 4(3)). Co‑chairs therefore retain agenda and participation control points, including agreement on certain nominations (s 3(b)(x) and s 3(c)).
Reporting: The roundtable prepares an annual report due within four months after 30 June and must give it to the Minister (s 5(1)). The Minister must publish the report online and table it in each House of Parliament within one month of receipt (s 5(2)). That creates a multi‑level transparency channel from the roundtable through executive government into parliamentary records.
Prescribed days and time reckoning: The regulation prescribes specific days that operate as the legal timing for several Act steps: 7 days after a particular determination for giving a direction to provide a health and medical plan (s 6); 14 days as the appeal period after a direction is given (s 7); 60 days before the proposed festival for provision of the health and medical plan (s 8) and for submission of law enforcement and safety schedules (s 11); 14 days before the proposed festival as the deadline for decisions about agreement on plans and for the Secretary’s approval of law enforcement schedules (ss 9 and 12); 30 days for when the Commissioner of Police may propose conditions following a specified notice (s 10); and 120 days before the proposed festival as the notification deadline to the Secretary (s 13). The regulation also clarifies that where a period is expressed from a day, act or event, the period commences from the beginning of the day (s 14).
Delegation: The Health Secretary may delegate functions under the Act to staff members of the Ministry of Health or to staff of the NSW Health Service (s 15). This makes operational interactions between organisers and the health administration governed by authorised staff as delegatees.
Interaction with the Act and commencement: The instrument names itself and states it commences on the day the Music Festivals Amendment Act 2024 commences (ss 1-2). Many of its prescriptions are explicitly framed as the prescribed days for specified sections of the Act (for example ss 6-13).
These main concepts concentrate powers into a tripartite governance model: Ministerial selection of government representatives, industry association nominations, and co‑chairs who influence nominations and meeting procedures. Timing controls are set by prescribed days that the regulator expects organisers and enforcement agencies to observe.
Who it affects
This regulation affects multiple actor groups through membership, timing obligations and delegated functions. Primary affected parties are festival organisers, government agencies with membership or operational roles, industry associations that nominate representatives, the Health Secretary and delegatees, the Commissioner of Police, and the Minister.
Festival organisers and promoters are directly affected by the timing prescriptions that tie into the Act. The regulation prescribes that organisers must provide notice to the Secretary 120 days before a proposed festival start under the Act, section 10AA(1) (s 13). They must provide an agreed health and medical plan by the prescribed day 60 days before the proposed start (s 8), and decisions about agreement must be made by 14 days before the proposed start (s 9). Organisers must also anticipate submission of a law enforcement and safety schedule 60 days before the proposed start (s 11), and that the Secretary’s approval of that schedule will be due by 14 days before the proposed start (s 12). Those deadlines affect operational planning, procurement of medical services, engagement with private medical providers, security contracting and liaison with police and transport agencies.
Government agencies and officials participate in the Roundtable or are affected by its reporting and meeting obligations. The Minister chooses the 13 government members to represent the Government, and the list of example agencies the Minister may choose to include identifies which portfolios may be expected to allocate staff and resources (s 3(a)). The Secretary has approval roles for law enforcement and safety schedules (s 12). The Commissioner of Police has a defined 30‑day window to propose conditions after the Secretary provides particular notice (s 10). The Health Secretary also holds delegable powers; the regulation allows delegation of Health Secretary functions under the Act to staff of the Ministry of Health and the NSW Health Service (s 15). Those delegations will shape which level of the health bureaucracy interacts with organisers.
Industry bodies that are named as nominators are directly affected and must select members to the Roundtable. The regulation specifies allocations: four members from the Australian Festival Association, two from DanceWize NSW, and one each from ARIA, APRA AMCOS, MusicNSW, Live Performance Australia, Local Government NSW, Unions NSW and a private medical provider nominated by NSW Health (s 3(b)). These bodies will bear the cost of sourcing and maintaining their nominees and ensuring those nominees can attend at least four meetings annually, one of which must be at a festival site (s 4).
Peer‑based harm reduction services are affected conditionally. Up to two additional members may be nominated by a person or body representing peer‑based harm reduction services, but only if the co‑chairs agree (s 3(c)). That creates a dependence on the co‑chairs’ agreement for inclusion.
Parliament is an indirect affected actor because the Minister must publish and table the Roundtable’s annual report in each House within one month of receipt (s 5(2)). That imposes a timetable on executive disclosure to the legislature and requires officials to provide material suitable for parliamentary tabling.
Finally, because the regulation constrains timeframes and delegates functions, private medical providers, security contractors, transport providers and other festival service suppliers will be affected through the practical consequences of earlier notifications and plan submission requirements. The regulation itself does not create penalties or licensing requirements, but these deadlines will impose planning and compliance costs on private actors who must align their contracts and operations with the prescribed days set out here.
Key duties and rights
The regulation imposes procedural duties and creates participation rights in the Roundtable; it also sets prescribed days that convert to statutory obligations under the Act. The duties and rights are administrative, not criminal, and are allocated among the Minister, the Secretary, the Health Secretary, the Commissioner of Police, Roundtable members and festival applicants.
Duties placed on the Minister and executive branch:
Select government members for the Music Festival Roundtable. The Minister chooses 13 members to represent the Government, and s 3(a) lists the example agencies to be represented. This is a selection power, not an automatic right for agencies to be seated.
Ensure publication and parliamentary tabling of the Roundtable’s annual report. Once the Roundtable gives the report to the Minister, the Minister must ensure a copy is published on an appropriate government website and tabled in each House within one month of receiving it (s 5(2)).
Duties placed on the Roundtable:
Meet at least four times a year, with at least one meeting held at a festival site (s 4(1)-(2)).
Prepare and deliver an annual report within four months after 30 June each year (s 5(1)).
Rights and procedural mechanics for members:
Industry bodies named in s 3(b) have nomination rights to specified numbers of seats. For example the Australian Festival Association nominates four members, DanceWize NSW nominates two, and others nominate one each (s 3(b)).
Members may delegate attendance at meetings in accordance with a co‑chair‑agreed process (s 4(3)). That creates a procedural right to send delegates rather than personal attendance.
Duties associated with timing under the Act (as prescribed here):
Notification duty: the prescribed day for giving the Secretary notice of a proposed festival under Act s 10AA(1) is fixed at 120 days before the festival is proposed to start (s 13). This converts into an obligation under the Act to meet that prescribed day.
Health and medical plan duties: if the Act requires an agreed health and medical plan, the regulation prescribes the day by which a direction to provide the plan must be given as 7 days after a specified determination (s 6), the day for provision of the plan for agreement as 60 days before the proposed start (s 8), and the day by which a decision about agreeing to the plan must be made as 14 days before the proposed start (s 9).
Appeals: the day for lodging an appeal notice under Act s 5A(3) is the day that is 14 days after a direction is given under Act s 5(3) that a health and medical plan must be prepared (s 7).
Law enforcement and safety schedule duties: submission of a law enforcement and safety schedule is prescribed as 60 days before the festival starts (s 11), and the Secretary’s approval must be made by 14 days before the festival (s 12).
Police input: the Commissioner of Police may propose conditions to be applied to a festival within 30 days after the Secretary gives the Commissioner a copy of a specified notice (s 10).
Delegation rights and duties:
The Health Secretary may delegate functions under the Act to staff of the Ministry of Health and to staff of the NSW Health Service (s 15). This is an express grant of administrative delegation, enabling authorised persons at those agencies to exercise the Health Secretary’s functions, subject to the Act’s other constraints.
Rights not created or modified in this regulation:
The regulation does not create statutory powers to fine or criminally sanction festival organisers. It expressly sets timeframes and reporting duties but contains no penalty provisions. Any enforcement or sanctioning mechanisms would be found in the Act or other statutes, not in this regulation.
In sum, the regulation translates strategic policy goals in the Act into concrete administrative duties: calendars for notifications and plans, membership and meeting rules for an interagency/industry forum, and delegation routes for the Health Secretary. Rights of nomination and delegation of attendance are conferred on named bodies and members, while key decision points remain with the Secretary, the Commissioner of Police, the Minister and the co‑chairs as specified.
Penalties and enforcement
The regulation does not specify criminal penalties, monetary fines or enforcement sanctions within its text. Its operative measures are procedural and administrative: it fixes prescribed days for actions required by the Act, establishes a Roundtable with reporting obligations, and allows certain delegations. Therefore enforcement, in the sense of sanctions for non‑compliance, is not addressed here and must be sought in the text of the Act or other applicable statutes referenced by the Act.
Where the regulation does create enforceable decision points, it does so by tying statutory deadlines to the Act. For example, the Secretary’s approval of a law enforcement and safety schedule is required by the time specified in the Act, with the regulation prescribing that the Secretary must approve the schedule by the day that is 14 days before the festival is proposed to start (s 12). That creates an administrative compliance obligation for the Secretary and for organisers whose permissions may be conditioned on that approval under the Act. Similarly, the requirement that organisers provide a health and medical plan 60 days before the proposed start (s 8) establishes a compliance timeline; the Act will determine the consequences for failing to meet those timelines.
The regulation also establishes administrative accountability mechanisms rather than punitive ones. The Roundtable must produce an annual report and give it to the Minister within four months after 30 June, and the Minister must publish and table that report in each House of Parliament within one month (s 5). Publication and parliamentary tabling are transparency and political accountability tools that can lead to scrutiny, ministerial questioning and potential administrative responses, but they are not statutory penalties.
Delegation under s 15 affects enforcement capacity. The Health Secretary may delegate functions to staff of the Ministry of Health and to staff of the NSW Health Service (s 15). Delegation increases the operational footprint for enforcing health‑related requirements, because delegatees can exercise functions that otherwise would be held by the Health Secretary. That creates a practical enforcement resource, but any limits on delegation, review rights or standards of performance must be read in the Act or in administrative law, which this regulation does not itself restate.
There is a role for the Commissioner of Police in proposing conditions to be applied to a festival, within the prescribed 30‑day window after the Secretary supplies a notice (s 10). The instrument does not specify what happens if the Commissioner’s proposed conditions are not adopted, or how disputes between the Commissioner and other agencies are resolved; those mechanisms will depend on the Act or other policy instruments.
Finally, because the regulation modifies how time is to be reckoned, by making prescribed periods commence at the beginning of the relevant day (s 14), it tightens timelines in a technical way that could affect whether deadlines are met and thus influence the availability of remedies or other administrative responses when time limits are missed.
In short, penalties and enforcement mechanics are left to the Act and to general administrative law. This regulation supplies the timetable and institutional arrangements that determine when decision points fall and which officials or bodies have the procedural responsibility to act.
How it interacts with other laws
The regulation is expressly designed to operate in conjunction with the Music Festivals Act and with the Interpretation Act 1987. It identifies specific sections of the Act and prescribes the days that apply to those sections. It also modifies the default time reckoning in the Interpretation Act 1987, section 36, for periods expressed in this regulation.
Interaction with the Act: Nearly every Part 3 provision is framed as "For the Act, section X, the day is..." (see ss 6-13). That means the regulation does not independently impose new substantive duties but supplies the "prescribed day" for procedural steps in the Act. Examples include the prescribed day for notification to the Secretary under Act s 10AA(1) being 120 days before the proposed start (s 13), and the prescribed day for providing the health and medical plan for agreement under Act s 6(2)(a) being 60 days before the proposed start (s 8). This linkage makes the regulation a companion instrument to the Act, translating statutory references into calendar deadlines.
Interaction with the Interpretation Act 1987: Section 14 of the regulation states that despite the Interpretation Act 1987, section 36, if a provision of this part expresses a period of time from a day, act or event, the period commences from the beginning of the day, or the beginning of the day on which the act or event begins (s 14). That is an explicit modification of the ordinary statutory default for reckoning time and ensures that these prescribed days are counted from the start of the relevant day, potentially shortening the practical time available compared with other statutes that might count inclusively or differently.
Administrative law and delegation: The regulation expressly authorises delegation of Health Secretary functions under the Act to staff of the Ministry of Health and to staff of the NSW Health Service (s 15). That interacts with general administrative law rules governing delegation, the validity of delegated decisions and the responsibility of the principal officer. The regulation references the Act, section 20(1)(b) in making the delegation provision, indicating the Act contains a delegation power that this regulation operationalises.
Parliamentary procedure and public disclosure: The Minister’s duty to publish and table the Roundtable’s annual report (s 5(2)) interfaces with the standing orders and parliamentary processes for tabled documents. It also interacts with transparency obligations under other disclosure regimes that apply to official documents, although the regulation itself prescribes publication on an "appropriate government website" and tabling within set timeframes.
Inter-agency operational relationships: The regulation names multiple agencies as potential roundtable members (s 3(a)) and prescribes the Commissioner of Police’s opportunity to propose conditions within 30 days of receiving certain notice (s 10). That creates cross‑agency touch points that will require coordination with emergency services, transport, planning and health law frameworks. The regulation does not amend other statutes governing those agencies; rather it coordinates interagency engagement through the Roundtable and through prescribed timelines.
Limitations and scope: The regulation does not displace other regulatory schemes for festivals, such as local government approvals, environmental planning instruments, liquor licensing, building or fire safety regulations. Those regimes remain separate and the regulation does not assert primacy over them. The instrument’s function is to set timing and national administrative arrangements that interact with, but do not supplant, other legal obligations that may apply to festivals.
Commencement linkage: The regulation commences when the Music Festivals Amendment Act 2024 commences (s 2), linking the regulation’s operative life to the enactment timetable of the Act amendments.
In summary, the regulation operates as an interpretative and procedural adjunct to the Act, modifies time reckoning for specified periods relative to the Interpretation Act 1987, enables delegation within health administration, and creates reporting and interagency engagement duties that interact with parliamentary and administrative procedures.
Amendment history
The instrument contains amendment annotations showing recent insertions and a later amendment to the delegation clause. The regulation records that many of the provisions in Part 3 were inserted in 2024, and that s 15 was later amended in 2025. The annotations included in the text are the sole source for this history.
Key amendment entries recorded in the instrument:
Section 3, which sets out the membership of the Music Festival Roundtable, is annotated as amended in 2024: "s 3: Am 2024 (509), Sch 1[1]." That indicates the membership provision was altered by an amending instrument in 2024 recorded as instrument number 509, Schedule 1, item 1.
Sections 6 through 14 (Part 3, Time periods) are annotated as inserted in 2024: "pt 3: Ins 2024 (509), Sch 1[2]." Each of ss 6-14 carries the footnote "Ins 2024 (509), Sch 1[2]." That denotes that these timing provisions were introduced by the same 2024 instrument noted above, schedule item 2.
Part 4 miscellaneous, containing s 15 on delegation, is annotated as inserted in 2024 and subsequently amended in 2025: "pt 4: Ins 2024 (558), Sch 1." and for s 15 specifically "s 15: Ins 2024 (558), Sch 1. Am 2025 (145), Sch 1." Those entries show that s 15 was inserted by a 2024 instrument (number 558, Schedule 1) and then amended by a 2025 instrument (number 145, Schedule 1).
Commencement timing: Section 2 states the regulation commences on the day the Music Festivals Amendment Act 2024 commences. That ties the regulation’s operative start to the amendment Act’s commencement date and is recorded in the text as the meaningful legal start point (s 2).
Name: Section 1 provides the instrument name as Music Festivals Regulation 2024 and is echoed in the document heading (s 1).
There are no further amendment notes, repeal entries, or transitional provisions included in the instrument text provided. The annotations included are sufficient to trace that the Roundtable membership, time periods and delegation provisions are recent legislative actions, with insertions in 2024 and a delegation amendment in 2025. The instrument does not include explanatory notes or a separate amending schedule within the text provided here; the amendment history is limited to the marginal notes appended to relevant sections.
Because the instrument links many operative items to the Act, any future amendment to the Act that changes referenced section numbers or substantive duties may require consequential amendment to this regulation to maintain intended timing linkages. The regulation’s reliance on the Act for substantive powers means that amendment sequencing between the Act and this regulation will be relevant for implementation.
Litigation history
The regulation text contains no references to case law, judicial decisions or litigation outcomes. It does not record any legal challenges, court interpretations or judicial review proceedings within the instrument itself. The instrument is a statutory regulation setting out administrative mechanics; it does not include annotations of judicial history.
Because the regulation’s provisions function by prescribing days for steps under the Act, disputes about their application could give rise to administrative law challenges in future. For example, where a deadline is expressed as the beginning of a particular day (s 14) there could be factual disputes about when an event occurred for reckoning purposes, or contested administrative decisions regarding approval of plans or schedules might be the subject of review if affected parties seek merits review or judicial review. However, no such cases are named or recorded in this instrument.
Users should therefore treat the absence of litigation history in the text as a neutral fact: the instrument itself does not document any judicial consideration. Any contemporary or future litigation would need to be researched outside this instrument. The regulation’s reporting requirement (s 5) and the operational delegation (s 15) could inform administrative records that might be relied on in litigation, but the regulation does not itself set standards of review nor does it provide guidance on remedies.
In short, this regulation contains no litigation history within its text. For any cases that interpret these provisions or challenge their application, practitioners must consult court records and secondary materials beyond this instrument.
Gotchas
Several practical and legal points in the regulation can cause operational pitfalls if they are overlooked. These are technical features in the text that materially affect timing, participation and decision‑making.
Time reckoning begins at the start of the day (s 14). The regulation expressly provides that where a period is expressed from a day, act or event, it commences from the beginning of the day. That technical rule can shorten the operational window available to organisers and agencies compared with an expectation that the period runs from the time of day at which an act occurred. For instance, a notice given at midday on the 120th day is treated as having counted from the beginning of that day.
Prescribed days are anchored to "proposed to start" language (ss 8-13). Many deadlines are expressed relative to the day the festival is "proposed to start". The regulation does not define "proposed to start" within its text. Ambiguity about whether that phrase means the advertised start date, the date in an application, or another milestone could lead to disputes. Parties should be explicit in their documentation about which date is being used as the reference point.
Co‑chairs have gatekeeping roles but are not defined here (ss 3(b)(x), 3(c), 4(3)). The regulation refers to co‑chairs for agreeing nominations (regional and peer‑based representatives) and for approving delegation processes for attendance. The regulation does not set out who the co‑chairs are, how they are appointed, or their decision criteria. Those details are likely in the Act or in procedural instruments. Until clarified, co‑chairs exercise influential practical control over membership and delegation processes.
Delegation of attendance may mask substantive accountability risks (s 4(3)). Members may delegate attendance "in accordance with a process agreed by the co‑chairs". This allows proxy attendance but also allows co‑chairs to shape who actually participates. Organisations should ensure their nominees have clear standing to act and that delegations are documented.
Inclusion of peer‑based harm reduction nominees is conditional (s 3(c)). Up to two additional members may be nominated by a person or body representing peer‑based harm reduction services only if the co‑chairs agree. That conditional access means inclusion is not automatic and depends on co‑chairs’ discretion.
Tight windows for operational approvals (ss 11-12). The law enforcement and safety schedule must be submitted 60 days before the festival (s 11) and the Secretary must approve it by 14 days before the festival (s 12). That compresses the time for negotiation and revision after the schedule is submitted, especially if police propose conditions within a 30‑day window (s 10). Organisers need to build contingency time into contracting and resourcing.
Reporting timetable may create late year bottlenecks (s 5). The Roundtable must prepare its annual report within four months after 30 June each year. Practically that means the report is due by the end of October. The Minister must then publish and table the report in each House within one month. The combined requirements can produce a concentrated workload for officials and a short window for rectifying deficiencies in the report before tabling.
Delegation of Health Secretary functions is broad but not unlimited (s 15). The Health Secretary may delegate to staff of the Ministry of Health and the NSW Health Service. The regulation does not set out whether further sub‑delegation is permitted or whether specific conditions apply to delegation. That ambiguity affects who is authorised to make binding decisions and how interlocutory contacts with organisers should be handled.
No penalties are specified here. Because the regulation supplies procedural timeframes but does not itself set sanctions, parties must consult the Act to understand consequences of non‑compliance. Failure to check the Act could mean missing substantive enforcement risks.
Cross‑agency coordination demands. The regulation lists multiple government agencies as example members (s 3(a)). Users should not assume attendance by all named agencies will be automatic. Agency resourcing, internal approvals and line responsibilities will affect who is present and authorised to make decisions at Roundtable meetings.
Being alert to these "gotchas" helps manage calendar, governance and communications risks. The regulation establishes precise calendar triggers and procedural loci of power that require clarity of reference dates, documented delegations and proactive interagency coordination.
How to comply
This section provides a practical compliance checklist based on the regulation’s prescriptions and identifies the documents and actions organisers, agencies and nominated bodies should prepare.
Notification to the Secretary (Act s 10AA(1) , prescribed day): Ensure the Secretary receives formal notification of a proposed music festival at least 120 days before the festival is proposed to start (s 13). Record the reference date used for "proposed to start" in your notification to avoid ambiguity. Use a timestamped, verifiable delivery method and retain confirmation of receipt.
Health and medical plan timelines (Act ss 5, 5A, 6):
If the Act’s process is triggered that a festival requires an agreed health and medical plan, note that a direction to provide the plan must be given within 7 days after the determination is made under Act s 5(1) (s 6).
Once a direction is given under Act s 5(3), an appeal under Act s 5A(3) must be lodged within 14 days after the direction is given (s 7). Prepare an internal escalation and legal review process so an appeal can be filed promptly if needed.
Prepare the health and medical plan so it can be provided for agreement by the day that is 60 days before the festival is proposed to start (s 8). Draft the plan with sufficient lead time to allow for revisions and consultations required by health authorities and by private medical provider contracts.
Anticipate that the decision about agreeing to the health and medical plan will be made by 14 days before the proposed start of the festival (s 9). Maintain change control records to enable rapid responses to requested amendments.
Law enforcement and safety schedule (Act s 6A):
Submit the law enforcement and safety schedule by 60 days before the festival (s 11).
Be prepared for the Commissioner of Police to propose conditions within 30 days after the Secretary gives the Commissioner a copy of a specific notice (s 10). Monitor communications with the Commissioner and maintain a rapid negotiation workflow.
Expect that the Secretary must approve the law enforcement and safety schedule by 14 days before the proposed start (s 12). Ensure any required revisions after police input can be implemented within this compressed window.
Engage with the Roundtable and nominated representatives:
If you are part of an industry body that nominates members, confirm your organisation’s nominations in advance and ensure nominees are resourced to attend at least four meetings per year, including at least one at a festival site (s 3(b); s 4(1)-(2)). Keep a clear delegation instrument available for delegate attendance under the co‑chairs’ agreed process (s 4(3)).
If you represent a body seeking to nominate peer‑based harm reduction members, plan to secure the co‑chairs’ agreement in writing because inclusion is conditional (s 3(c)).
Documentation and recordkeeping:
Because the regulation clarifies that periods commence from the beginning of the day (s 14), record not only dates but the time and method of delivery for notices, plans and schedules. Keep contemporaneous evidence of when a proposal that triggers the 120, 60, 30 or 14 day windows was lodged or received.
Retain copies of the Roundtable’s annual report and any submissions made to it. If you supply material to the Roundtable that will be included in the annual report, keep a copy for defence or audit purposes.
Liaise with delegated health officials:
The Health Secretary may delegate functions to staff of the Ministry of Health and the NSW Health Service (s 15). Identify the relevant delegatees early, confirm their delegated authority, and document the scope of any decisions taken by delegates. Establish primary contacts in those agencies to expedite approvals and clarifications.
Manage contracts and procurement timelines:
Align contracts for medical services, security and transport with the prescribed days for plan submission and approvals. Ensure contractual termination, cancellation and variation clauses recognise the possibility of government‑imposed conditions or late approvals within the prescribed windows.
Parliamentary reporting exposure:
Be aware that the Roundtable must produce an annual report that the Minister will publish and table in each House within a month of receipt (s 5). If your organisation supplies information to the Roundtable, treat that information as potentially public and subject to parliamentary scrutiny.
Clarify ambiguity proactively:
Where the regulation uses terms not defined in this instrument, such as "proposed to start" or the identity and authority of "co‑chairs", seek written clarification from the Secretary’s office or the agency responsible for administering the Act. Early clarification reduces the risk of disputes over timing and procedural compliance.
Legal review and escalation path:
Because this regulation sets procedural deadlines but does not itself prescribe remedies or penalties, consult the Act for consequences of non‑compliance. Maintain a documented escalation path for internal decision‑makers to approve emergency or late compliance measures if approval deadlines are at risk.
Operational checklist summary (minimum):
Notify Secretary 120 days before start (s 13).
Prepare health and medical plan for provision 60 days before start (s 8).
Monitor for direction to provide plan and track 7‑day and 14‑day appeal windows (ss 6-7).
Submit law enforcement and safety schedule 60 days before start and expect Secretary approval by 14 days before start (ss 11-12).
Be ready for police proposed conditions within 30 days after a specified notice (s 10).
Confirm industry nominations to Roundtable, attend four meetings per year, including one onsite, and prepare material for the annual report (ss 3-5).
Confirm delegation contacts in health agencies (s 15).
Keep precise time‑stamped records to align with the regulation’s time reckoning rule (s 14).
Following these steps aligns operational practice with the regulation’s prescribed days and institutional requirements, reduces the risk of procedural non‑compliance, and positions organisers and agencies to meet the Secretary’s and Commissioner’s decision points.
(vi) 1 member nominated by Live Performance Australia, and
(vii) 1 member nominated by Local Government NSW, and
(viii) 1 member nominated by Unions NSW, and
(ix) 1 member of a private medical provider nominated by NSW Health, and
(x) 1 member who represents regional areas in NSW, nominated by one of the following, as agreed by the co-chairs—
(A) a person or body that represents regional NSW,
(B) a person or body that represents the music festival industry, and
(c) up to 2 additional members nominated by a person or body that represents peer-based harm reduction services if agreed by the co-chairs of the music festival roundtable.
s 3: Am 2024 (509), Sch 1[1].
4 Meetings
4 Meetings
4 Meetings
(1) The music festival roundtable is to meet at least 4 times in each calendar year.
(2) At least 1 meeting of the music festival roundtable in a year is to be held at a music festival site.
(3) A member of the music festival roundtable may delegate the member’s attendance at a meeting in accordance with a process agreed by the co-chairs of the music festival roundtable.
5 Reporting
5 Reporting
5 Reporting
(1) The music festival roundtable must, within 4 months after 30 June in each year—
(a) prepare a report on the activities of the roundtable during the year that ended on that 30 June, and
(b) give the report to the Minister.
(2) The Minister must ensure a copy of the report is—
(a) published on an appropriate government website, and
(b) tabled in each House of Parliament within 1 month after receiving the report.
Part 3 Time periods
Part 3 Time periods
Part 3 Time periods
pt 3: Ins 2024 (509), Sch 1[2].
6 Day by which direction to provide health and medical plan is to be given—the Act, s 5
6 Day by which direction to provide health and medical plan is to be given—the Act, s 5
6 Day by which direction to provide health and medical plan is to be given—the Act, s 5
For the Act, section 5(4)(a), the day is the day that is 7 days after a determination is made under the Act, section 5(1) that the music festival requires an agreed health and medical plan.
s 6: Ins 2024 (509), Sch 1[2].
7 Time period for lodging appeal notice—the Act, s 5A
7 Time period for lodging appeal notice—the Act, s 5A
7 Time period for lodging appeal notice—the Act, s 5A
For the Act, section 5A(3), the day is the day that is 14 days after the direction is given under the Act, section 5(3) that a health and medical plan must be prepared and provided for the music festival.
s 7: Ins 2024 (509), Sch 1[2].
8 Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
8 Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
8 Day by which health and medical plan must be provided for agreement—the Act, section 6(2)
For the Act, section 6(2)(a), the prescribed day is the day that is 60 days before the music festival is proposed to start.
s 8: Ins 2024 (509), Sch 1[2].
9 Decision about agreeing to health and medical plan—the Act, s 6(5)
9 Decision about agreeing to health and medical plan—the Act, s 6(5)
9 Decision about agreeing to health and medical plan—the Act, s 6(5)
For the Act, section 6(5)(a), the prescribed day is the day that is 14 days before the music festival is proposed to start.
s 9: Ins 2024 (509), Sch 1[2].
10 Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
10 Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
10 Day by which Commissioner of Police may propose conditions to be applied to music festival for which agreed health and medical plan required—the Act, s 6A
For the Act, section 6A(2), the prescribed day is the day that is 30 days after the day on which the Secretary gave the Commissioner a copy of the notice under section 10AA(2)(b) for the music festival.
s 10: Ins 2024 (509), Sch 1[2].
11 Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
11 Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
11 Day by which law enforcement and safety schedule must be submitted—the Act, s 6A(3)
For the Act, section 6A(3)(a)(ii)(A), the prescribed day is the day that is 60 days before the music festival is proposed to start.
s 11: Ins 2024 (509), Sch 1[2].
12 Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
12 Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
12 Day by which Secretary must approve law enforcement and safety schedule—the Act, s 6A(5)
For the Act, section 6A(5)(c)(i), the prescribed day is the day that is 14 days before the music festival is proposed to start.
s 12: Ins 2024 (509), Sch 1[2].
13 Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
13 Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
13 Day by which Secretary must be notified of proposed music festival—the Act, s 10AA
For the Act, section 10AA(1), the prescribed day is the day that is 120 days before the proposed music festival is proposed to start.
s 13: Ins 2024 (509), Sch 1[2].
14 Reckoning of time
14 Reckoning of time
14 Reckoning of time
Despite the Interpretation Act 1987, section 36, if a provision of this part expresses a period of time from a day, act or event, the period commences—
(a) from the beginning of the day, or
(b) the beginning of the day on which the act or event begins.
s 14: Ins 2024 (509), Sch 1[2].
Part 4 Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
pt 4: Ins 2024 (558), Sch 1.
15 Delegation—the Act, s 20
15 Delegation—the Act, s 20
15 Delegation—the Act, s 20
For the Act, section 20(1)(b), the Health Secretary may delegate the exercise of a function of the Health Secretary under the Act to the following authorised persons—
(a) members of staff of the Ministry of Health,
(b) members of staff of the NSW Health Service.
s 15: Ins 2024 (558), Sch 1. Am 2025 (145), Sch 1.