Key Recommendations
Recommendation 4
The committee recommends that the Commonwealth establish a
new infrastructure fund to assist Indigenous visual arts and craft; that this
fund complement existing NACIS program funding; that this infrastructure fund
be for a sum of the order of $25 million, made available over a period of five
years; and that the fund be administered by DCITA.
Recommendation 6
The committee recommends that the Commonwealth further
expand funding under the existing NACIS scheme and consider revising its
guidelines to confine its use to non-infrastructure projects.
Recommendation 8
The committee recommends that, in light of the special
circumstances facing Indigenous artists in the Alice Springs area, a proposal
be developed, including a funding bid, for an art centre in Alice Springs that
will cater for artists visiting the town from surrounding settlements.
Recommendation 15
The committee recommends that, as a matter of priority, the
ACCC be funded to increase its scrutiny of the Indigenous art industry,
including conducting educational programs for consumers as well as
investigation activities, with a goal of increasing successful prosecutions of
illegal practices in the industry.
Recommendation 17
The committee recommends that that Indigenous Art Commercial
Code of Conduct be completed as soon as possible.
Recommendation 18
The committee recommends that, once completed, all
Commonwealth, state and territory agencies apply the Indigenous Art Commercial
Code of Conduct where appropriate, including when purchasing Indigenous art
(see also recommendations 23, chapter 10 and 28, chapter 14).
Recommendation 20
The committee recommends that, once completed, all
stakeholders in the industry examine, disseminate and adopt where relevant the
Indigenous Art Commercial Code of Conduct.
Recommendation 21
The committee recommends that the industry be given the
opportunity to self-regulate. If after two years persistent problems remain,
consideration should be given to moving to a prescribed code of conduct under
the Trade Practices Act.
Recommendation 24
The committee recommends that as a matter of priority the
government introduce revised legislation on Indigenous communal moral rights.
Recommendation 29
The committee recommends that the Commonwealth support
increased efforts to showcase Indigenous visual arts and craft internationally.
Other Recommendations
Recommendation 1
The committee recommends that Australian Customs Service and
DCITA initiate a review of the feasibility of Customs further classifying
exported art into Indigenous and non-Indigenous categories, to assist future
market analysis.
Recommendation 2
The committee recommends that, to increase the skills base
of art centre managers and prospective managers, DCITA, in conjunction with
DEST, initiate discussions with selected tertiary institutions on the
feasibility of introducing courses on art centre management and cross-cultural
issues.
Recommendation 3
The committee recommends that DCITA, in co-operation with
the Office of Indigenous Policy Coordination, ensure that art centres in the
Northern Territory are aware of opportunities to apply for funding from the
Aboriginal Benefits Account, and that ANKAAA and Desart assist art centres to
apply for funding from this source. The committee encourages the ABA Advisory
Committee to support applications from art centres, noting the competing
demands on the ABA from different types of funding requests.
Recommendation 5
The committee supports the roles of DEWR and Indigenous
Business Australia programs in assisting where appropriate the transition to
economic independence for art centres, and recommends that these initiatives be
further promoted by DEWR and IBA and utilised by art centres.
Recommendation 7
The committee recommends that the Commonwealth consult with
stakeholders in the industry, particularly Desart and ANKAAA, on reforms to
NACIS funding criteria, so that funding decisions are guided in part by the aim
of ensuring operation of art centres in accordance with best practice
principles.[1]
These standards may include (but not be confined to):
- staffing requirements that meet the operational needs of art
centres, and ensure flexibility to accommodate any particular requirements of
such centres;
- governance and reporting systems; and
- training commitments, including financial, management and art
education components.
Recommendation 9
The committee recommends that DCITA, the Australia Council,
and state and territory funding bodies review their documentation and processes
for Indigenous visual arts funding to ensure urban Indigenous artists will not
be discouraged by the language or objectives expressed for those programs.
Recommendation 10
The committee recommends that DCITA implement triennial
operational funding for art centres as an option for projects seeking support
under the NACIS program.
Recommendation 11
The committee recommends that the Commonwealth pursue the
conversion of CDEP-funded positions in art centres into properly funded jobs,
taking an approach similar to the 2007-08 Budget initiative in other portfolio
areas; and that this initiative be independent of future NACIS program funding.
Recommendation 12
The committee recommends that future editions of the
Indigenous Visual Arts and Craft Resource Directory only include entries for
entities that maintain appropriate compliance with the Indigenous Art Commercial
Code of Conduct.
Recommendation 13
The committee recommends that DCITA, in consultation with
DEST, develop programs to deliver education and training in the sector particularly
in relation to:
- governance and business planning and management;
- artists' rights and responsibilities;
- artistic development for artists; and
- education of the market.
Recommendation 14
The committee recommends that, subject to the acceptance of
its recommendation in chapter 4 for an expansion of NACIS scheme funding, the
Commonwealth review the relevant funding guidelines to ensure governance and
business management training activities are supported.
Recommendation 16
The committee recommends that DCITA analyse the failure of
the NIAAA label of authenticity, and examine the reviews of labelling schemes
in Canada and New Zealand. The Department should then, in consultation with key
stakeholders, commence planning for a new Australian scheme.
Recommendation 19
The committee recommends that the NAVA Reference Group and
other stakeholders include input from experts on industry codes of practice,
particularly the ACCC, during and after the preparation of the Indigenous Art
Commercial Code of Conduct.
Recommendation 22
The committee recommends that all public and private
collecting institutions implement the Indigenous Art Commercial Code of Conduct
as appropriate, and that all such institutions aim to purchase from dealers and
art centres that have adopted the Code.
Recommendation 23
The committee recommends that, once the Indigenous Art
Commercial Code of Conduct has been developed, the Commonwealth undertake a
project examining and making recommendations regarding further initiatives to
enhance the integrity of the Indigenous art market. This work could include,
but need not be confined to considering:
- what role governments might play in giving effect to an industry
code of conduct; and
- whether further steps should be taken toward a system of dealer
accreditation.
Recommendation 25
The committee recommends that, recognising the complexity of
the issues in this area, the Commonwealth introduce appropriate legislation to
provide for the protection of Indigenous cultural and intellectual property rights,
that the legislation be drafted to ensure prosecutions of breaches will have a
realistic chance of success, and that the Australian Customs Service be given
an appropriate role in assisting the protection of these rights in relation to
imported and exported goods.
Recommendation 26
The majority of the committee recommends that a resale
royalty scheme not be introduced at this time, because of the lack of benefit
to most artists, and in particular Indigenous artists, and the lack of new
evidence to the contrary.
Recommendation 27
Given the importance of and growing interest in Australian
Indigenous arts and craft internationally, the committee recommends that the
Commonwealth examine the feasibility of compiling industry statistics to record
international exhibitions, sales and exports of Indigenous arts and craft,
including, where possible, their value in dollar terms.
Recommendation 28
The committee recommends that, once the Indigenous Art
Commercial Code of Conduct is introduced, Austrade consider a policy of only
providing assistance to businesses that have agreed, either directly or through
an industry association membership, to abide by the Code.
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