Terms of Trade

These Terms of Trade broadly outline the core terms on which Screen Australia will transact. They apply to Screen Australia funding and other support programs and are to be read in conjunction with the Information for Applicants and Information for Recipients on Screen Australia’s website and the applicable program guidelines. They do not apply to Screen Australia’s activities as the film authority responsible for the administration of the Producer Offset or as the competent authority in relation to Australia’s official co-production program.

Information about general eligibility for Screen Australia’s funding and other support programs is available at Information for Applicants. Successful applicants are required to enter into a legally binding contract with Screen Australia. Contracts reflect these Terms of Trade, Information for Recipients and the specific requirements set out in program guidelines. Information about Screen Australia’s contracting requirements for successful applicants is set out on the agency’s website at Information for Recipients.

The Terms of Trade, Information for Applicants, Information for Recipients and program guidelines in effect at the time an application is received by Screen Australia apply to the application.

Screen Australia may at any time close a program, vary its Terms of Trade, Information for Applicants, Information for Recipients and/or program guidelines, or make an exception to these requirements in exceptional circumstances.

Screen Australia is, as far as practicable, to promote the efficient, effective and ethical use of public resources. Screen Australia may choose not to accept applications if funding the relevant project will not promote the efficient, effective or ethical use of public resources or would otherwise be inconsistent with Screen Australia’s statutory obligations including under the Screen Australia Act 2008 (Cth) and the Public Governance, Performance and Accountability Act 2013 (Cth). In performing its functions, Screen Australia is also required to, as far as practicable, consider the matters set out at section 6(3) of the Screen Australia Act 2008 (Cth).

Screen Australia acts in the public interest and adopts the highest professional standards in its dealings with applicants, recipients and other stakeholders. All persons who interact with Screen Australia must similarly act in good faith in their dealings with the agency. They must be honest and open in all dealings with Screen Australia and must not mislead or deceive the agency by act or omission.

In addition, Screen Australia expects that communications with the agency and its staff will be courteous and respectful. Screen Australia may choose not to accept applications for funding from any person who, in the agency’s view, persistently treats Screen Australia’s staff in a discourteous, hurtful or intimidating fashion, nor will Screen Australia enter into correspondence with any such person.

Screen Australia is committed to supporting authentic First Nations screen stories.

Where a project involves any First Nations content or participation, applicants are required to demonstrate how they will ensure the content is represented respectfully and authentically. Applicants will need to provide evidence of collaboration and consultation and obtain appropriate clearances or releases, written confirmations from relevant subjects and communities as to their willingness to be involved, as well any necessary consents to use and/or depict any First Nations cultural heritage.

Producers of projects with First Nations content or participation must respect Indigenous Cultural and Intellectual Property (ICIP) rights and comply with the specific guidance provided in Screen Australia’s Pathways & Protocols: a filmmaker’s guide to working with Indigenous people, culture and concepts.

For Australian screen content to effectively deliver cultural and economic benefits it must speak to, and be for, all Australians. A diversity of ideas and a diverse workforce will enhance the Australian screen industry, making it more relevant to Australian audiences and more competitive internationally.

Screen Australia is committed to building equity, diversity, inclusion and accessibility into its programs and engagement with the community, with the aim of ensuring that the stories being told on screen are authentic and reflect the diversity of people and experiences within Australian society, both in front of, and behind the screen.

Screen Australia encourages applications from applicants from all backgrounds, cultures and experiences. In particular, the agency welcomes applications from applicants who are First Nations, d/Deaf and disabled, culturally and linguistically diverse, women or gender-diverse, LGBTIQ+, regionally based, or those from other under-represented groups.

Screen Australia’s assessment of applications may take into account the extent to which the project is likely to effectively and properly increase and amplify equity, diversity, inclusion and accessibility. Applicants should consult program guidelines for further information.

Screen Australia strives to make its programs accessible including by removing barriers for people who are d/Deaf and disabled and those from culturally and linguistically diverse backgrounds.

Applicants with access requirements relating to submitting an application or participating in a funded activity are encouraged to contact Screen Australia’s Program Operations team so that the agency may assist.

Screen Australia expects applicants to consider accessibility at all stages of their projects (for example, by engaging an access coordinator to support cast and crew) and to conduct their activities in accordance with best practice and their obligations under relevant legislation including the Disability Discrimination Act 1992 (Cth).

Screen Australia sets certain conditions of funding relating to accessibility on projects it funds. These conditions relate to creating and ensuring provision of captioning and audio description. See Information for Recipients for further information about these requirements.

Screen Australia sets general eligibility criteria for its funding and support programs, which may be accessed at Information for Applicants. These include requirements relating to certain types of applicant and rights holdings (such as copyright and underlying rights) for projects that are the subject of applications.

Each program may apply specific eligibility requirements. Applicants must meet both the general eligibility criteria at Information for Applicants and any specific eligibility requirements set out in the individual program guidelines.

In line with Screen Australia’s functions, in order to provide funding to any project, Screen Australia must be satisfied either that the project is an official co-production or that the project has significant Australian content. These tests will be applied having regard to the project’s stage of development.

Projects approved as Official Co-Productions are eligible for, but not automatically guaranteed to receive, direct Screen Australia support.

Screen Australia values the intellectual and creative works and expressions of screen practitioners and creatives that are central to the development and production of Australian screen content. In this regard, the agency sets application requirements around ownership and control of intellectual property rights including where applicable, demonstrating chain of title. The agency expects its stakeholders to comply at all times with intellectual property laws, including those relating to copyright, and to respect ICIP rights.

For more information about any such requirements, please refer to Information for Applicants and the specific program guidelines.

Screen Australia regularly publishes its expectations with regard to certain key funding conditions and other commercial terms upon which it will provide its funding. These may set Screen Australia’s requirements relating to areas including (but not limited to):

• • limits on Screen Australia funding;

• • conditions for development funding;

• • official co-productions;

• • rights holding (including IP and ICIP);

• • accessibility;

• • producer contributions for Screen Australia funded projects;

• • contributions to be treated as producer equity;

• • audit rights;

• • deliverables;

• • recoupment expectations;

• • sequels, spin-offs and remakes;

• • collection and disbursement of gross receipts;

• • completion guarantees; and

• • reversion of Screen Australia entitlements.

Applicants must familiarise themselves with these funding conditions, as published on Screen Australia’s website at the time of application, and if successful for funding, must ensure that they negotiate with any other parties connected to a Screen Australia-funded project accordingly to ensure consistency across funding agreements and accompanying transaction documents.

By submitting an application for Screen Australia funding, applicants acknowledge that they have read, and understood that any subsequent contracting must reflect, these funding conditions, unless otherwise agreed with Screen Australia.

For further information, refer to Information for Recipients.

Screen Australia requires acknowledgement of its support, for example by way of a credit on the project and its publicity materials. The Screen Australia Credit Policy outlines Screen Australia’s standard credit requirements, however contractual obligations in relation to credits may vary according to the nature of the support provided by Screen Australia and are detailed in the relevant funding agreement. Specific credits are required where projects are funded by Screen Australia’s First Nations Department.

Screen Australia is committed to supporting Australia’s screen industry to embrace new and emerging technologies in a manner that is ethical and enhances the creativity of Australian screen practitioners. Applicants are required to comply with any guidelines or requirements set by Screen Australia in relation to the use of artificial intelligence (AI) tools or services in applications and/or funded projects or activities.

To the extent that Screen Australia requests applicants to provide personal information about themselves or any other persons involved in the project, Screen Australia will handle such personal information in accordance with its Privacy Policy.

In the event that applicants are requested to provide sensitive personal information about third parties involved in projects, they are required to obtain consent from those third parties for such collection.

Any communications or information shared between Screen Australia and its stakeholders (including in relation to applications for funding) that is designated as being, or would by its nature be considered, confidential, is to be treated confidentially, subject to any disclosures required at law (including under the Freedom of Information Act 1982 (Cth)) or for government reporting purposes.

Screen Australia may however aggregate or anonymise information for the purposes of preparing and publishing aggregated research and reporting.

These Terms of Trade, Information for Applicants, Information for Recipients and Screen Australia program guidelines must not be relied upon as an offer capable of acceptance by any person or as creating any form of contractual, quasi contractual, restitutionary or promissory estoppel rights, or rights based on similar legal or equitable grounds, whether implied or otherwise.