The 'volunteer' shifts, the Mardi Gras staffer and the for-profit festivals

Exclusive: A full-time Sydney Mardi Gras employee asked members of the charity's volunteer network to work unpaid shifts for two commercial LGBTQIA+ festivals while also being paid by one of those events, prompting questions about conflict-of-interest management at one of Australia's most high-profile queer organisations and whether those workers should have been paid employees.

Last week, Mardi Gras' full-time head of operations, Bel West, emailed volunteers from her official Mardi Gras account seeking unpaid workers for Raydia Festival and Club Broadway, two commercial events held at the Domain in Sydney on the weekend. Neither festival is run by Mardi Gras.

Club Broadway is produced by DJ Dan Murphy, while Raydia is the creation of Alex Daoust, previously executive producer of Sydney WorldPride's 2023 Domain Dance Party. Both events are Mardi Gras "partners", which Mardi Gras confirmed involved them paying it a financial "marketing contribution".

"Alongside my role at Mardi Gras, I'm currently supporting two external events, Raydia Festival and Club Broadway, and there are a few extra volunteer opportunities coming up," West wrote from her Mardi Gras email account in a message sent to volunteers at 11.10am last Tuesday.

"These aren't Sydney Gay and Lesbian Mardi Gras events and participation is completely optional, but if you're keen to get involved, I'd love to have you onboard. Let's give some love to our other queer friends too!"

However, West did not disclose that she was separately being paid by Raydia via its production company, ADX Productions. That connection only became clear when an ADX-linked email address containing her first name was copied into the correspondence. It is unknown whether she was also contracted to Club Broadway because that event did not respond to questions about this and West did not respond to a request to provide comment for this article.

GSN does not suggest West acted unlawfully; only that her Mardi Gras email to volunteers did not disclose her paid role with Raydia.

West told volunteers Club Broadway "especially need[ed] more volunteers" and described duties across both festivals, including ticket and wristband scanning, accessibility assistance, guest wayfinding and directional support. Raydia needed about "5 more volunteers", she said.

Volunteer raises concerns

A Mardi Gras volunteer who received the request questioned whether a senior staff member should use a charity-owned volunteer mailing list to recruit unpaid workers for commercial events, particularly when receiving separate paid work from one of them.

"It is … communicating with volunteers of a charity on behalf of the charity while actually performing the function of a paid role on behalf of another for-profit company," the volunteer said. They asked not to be named due to privacy concerns.

GSN does not suggest West breached Mardi Gras' conflict-of-interest rules or policies, only that the situation has prompted scrutiny from volunteers and external experts.

Following GSN inquiries, West emailed the volunteer again on Wednesday evening saying there had been "a few logistical changes" and Club Broadway "no longer require volunteer support". On Thursday morning, Club Broadway's Dan Murphy confirmed to Gay Sydney News his event would be "fully staffed in-house and we are not using volunteers in any event operations".

Murphy did not answer questions about whether he authorised West to seek volunteers, whether the initial request aligned with fair-work labour standards, or whether he supported the use of a charity mailing list for unpaid commercial labour.

GSN does not suggest Murphy, Daoust, Raydia, Club Broadway or ADX Productions have acted unlawfully.

Clarification from Mardi Gras and West

At 9.45am on Thursday, West emailed volunteers again – this time copying in Mardi Gras interim CEO Jesse Matheson – acknowledging that "sharing these opportunities alongside our own events may have caused a bit of confusion".

She said the request had been sent only to "a small group" and insisted Mardi Gras had "not received any payment or financial benefit in connection with this communication" and that no volunteer data was shared externally.

This appeared to refer only to the act of sending the email to volunteers – not Mardi Gras' financial partnership arrangements with both festivals.

Mardi Gras' CEO Jesse Matheson told GSN that all "Mardi Gras+" program events, like Raydia and Club Broadway, "provide a standard marketing contribution" which gives them promotional support across its marketing channels.

"We acknowledge that sharing volunteer opportunities alongside our own events may have created confusion and we will communicate with those volunteers directly."

The exact payment amounts from Raydia and Club Broadway remain undisclosed.

Raydia confirms West was paid

Raydia confirmed West had been contracted as a paid "volunteer manager" and that its volunteers would perform "non-critical roles and do short shifts", mainly at the beginning of the event to deliver "a warm welcome" and assist with wayfinding.

Raydia said volunteers would receive a package valued at $238 for their work, which included festival entry, merchandise and meals. However, the Mardi Gras volunteer said it was "a bit rich" to call free entry a benefit when volunteers were expected to work.

One Raydia shift was listed on Mardi Gras' volunteer website as three hours while a Club Broadway shift was advertised as seven hours, from 12.30pm to 7.30pm.

Raydia confirmed its partnership with Mardi Gras included "a financial contribution", but said volunteer recruitment was not part of that agreement.

'Multiple conflict issues'

Three University of Sydney academics reviewed the situation for Gay Sydney News, each raising conflict-management concerns.

Professor John Shields, an HR and organisational studies expert, said West's dual roles raised reasonable questions.

"I don't think you're dealing with a cardinal sin here, but you're certainly dealing with a practice that does need to be arrested," he said of West's outreach to volunteers. "It's not unlawful, but it needs to be declared."

He described the broader issues as "a failure to disclose material factors", which included the lack of transparency around the financial partnership Mardi Gras has with both festivals, saying that the message could have led some people to believe they were volunteering for a not-for-profit Mardi Gras partner.

GSN does not suggest West intended to cause or caused people to believe that they would be volunteering for a not-for-profit partner of Mardi Gras.

Professor Sandra Van Der Laan, whose expertise includes corporate governance, said two main conflict elements were present: undeclared secondary paid employment by West and use of a charity-owned contact database to advance the interests of one of the companies she was employed by.

Van Der Laan said people should not "use resources that you have access to from one employer to advance the interests of another employer".

GSN does not suggest West used the Mardi Gras database without permission from Mardi Gras, or intended to advance the interests of Raydia or her other employer, above the interests of Mardi Gras, rather that the email was simply sent from West's Mardi Gras email account to her Mardi Gras volunteers.

Senior law lecturer Derwent Coshott said conflicts can arise where a person uses information gained in one role to assist another paid position, adding that "multiple conflict issues" appeared to exist between West, Mardi Gras, volunteers and the commercial partners.

GSN does not suggest any party contravened actual conflict of interest policies, rather that conflict issues appear to arise through the communications and relationships of the parties, and it is in the public interest that these be highlighted.

Coshott also said that Mardi Gras should have disclosed that its partnership with the festivals was a financial one when it was requesting unpaid volunteers.

Several emails to Mardi Gras members that mentioned Raydia, sent in the lead-up to that festival, did not reveal that the charity had received payment to promote them. In its first member email about Raydia, it said it was "proud to support" the festival. In one of seven others, it said it was "a proud partner".

Regulators respond

The Fair Work Ombudsman, speaking generally, said determining whether volunteer arrangements are lawful depends on whether they more closely resemble employment, including expectations around rostering and obligations to attend shifts.

In an email sent last week, West asked one of the volunteers if they could make their shift for Raydia. "If you can't make your shift that's ok, things can happen but please please let me know as I'll need to fill your spot!"

GSN does not suggest West or Raydia and its producer contravened employment laws, rather that she was communicating with people who were volunteering their time for Raydia.

The Australian Charities and Not-for-profits Commission said charities should have written conflict-of-interest policies, maintain a register of them, and maintain a culture of disclosure.

The Office of the Australian Information Commissioner noted that the Privacy Act restricts the use of personal data for purposes other than which it was collected, including direct marketing by other organisations, unless exemptions apply. GSN does not suggest West or Mardi Gras contravened privacy laws.

Mardi Gras had been eager to support the two back-to-back festivals, especially in light of losing its right to host the Bondi Beach Party during Mardi Gras to events producer Fuzzy and Mighty Hoopla.

The charity recently launched a new app to promote its own events as well as other for-profit LGBTQIA+ events year-round, and plans to use it as a revenue stream by charging businesses for promotion.

Editor’s note: This article was written by Ben Grubb, who pays $50 annually for Mardi Gras membership to access discounts, including at retail stores and bars, but does not use the membership’s voting rights.