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Abstract: This report by the Department of Aboriginal and Torres Strait Islander Policy and Development was produced from the recommendations of an Aboriginal Working Party. It provides a flexible guide for individuals (particularly Government officials) who need to consult with Queensland Aboriginal individuals, groups, and/or communities. The report primarily consists of a comprehensive series of protocols for negotiations and consultations with a view to avoiding offence. An overview of early history is provided, along with a brief summary of the major issues which have developed post-contact. The official role of the Department of Aboriginal and Torres Strait Islander Policy and Development is outlined in relation to these issues.

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Abstract: This report was prepared for the Australian Institute of Aborgiinal and Torres Strait Islander Studies and the Aboriginal and Torres Strait Islander Commission. It was produced with the goal of developing practical reform proposals for the improved recognition and protection of indigenous Cultural and Intellectual Property (I). Based on previous inquiries (see XV), the Government recognized that current intellectual property laws were inadequate in their application to Indigenous arts and culture, and sought recommendations on how this problem might be resolved. ATSIC set up an Indigenous Reference Group (IRG) to research this issue from the perspective of indigenous people. Part One: Indigenous Cultural and Intellectual Property This section turns to the nature of Indigenous Cultural and Intellectual Property and the aspects of it that Indigenous people feel should be protected. It outlines specifically what is included within the term ‘heritage’ (see XVII), when referring to Indigenous Heritage Rights. It is noted that any definition must remain flexible enough to reflect the notions of a particular Indigenous group. It is recommended that debate should continue in relation to this issue of definition, and that Indigenous Australians should be kept informed of world debates concerning property rights and the protection of folklore. In terms of the commercial value of Indigenous cultural and intellectual property, it is recognized that these cultures contribute substantially to the Australian economy across a range of industries. It is recommended that they should receive compensation or royalties for the use of Indigenous cultures where appropriate, and that they should be able to stop commodification of certain aspects of their culture (including information). Indigenous people are concerned about the various uses of their heritage without informed consent (listed at X). The rights Indigenous peoples ‘need’ in relation to their Cultural and Intellectual Property are listed at pXX-XXI. It is recommended that a National Declaration of these rights should be developed, and that the broader Australian community should be educated regarding Indigenous value systems, law, and cultural process, when appropriate. Part Two: Protection Under the Current Australian Legal Framework This section examines the way in which the Australian legal system (of 1997) offers limited recognition and protection of Indigenous Intellectual and Cultural Property. After considering the current requirements of copyright, the Acts and Laws concerned, it is recognized that there is a need for greater protection for Indigenous heritage, particularly in relation to communal rights and the protection of sacred/secret material. Cultural heritage laws are also deemed inadequate in their application (see list of problems at XXIV). Other relevant national laws are considered in chapter seven (including for instance, defamation, museum legislation, and broadcasting laws), while chapter eight turns to international laws and conventions. It is recommended that Indigenous people be further informed about all existing relevant laws in terms of how these impact on their cultural obligations and how these laws may benefit in relation to the use and control of Indigenous cultural heritage material. Part Three: Developing Strategies for Protection Legislative Responses: It is recognized that legislative solutions to the issue need to allow for Indigenous people’s self-determination at all levels. The enactment of a specific Act which protects all Indigenous Cultural and Intellectual Property is preferred over amendments to the Copyright Act (for the content of these changes, see XXIX). A specific Act is preferred over amendments to the Designs Act to protect pre-existing and Indigenous style or designs in perpetuity, as is a specific act preferred for the Patents Act and the Plant Breeders Rights Act. Culturally sensitive amendments are proposed to the Trade Marks Act and cultural heritage legislation (see XXXI-XXXIII). A separate act is preferred for legislation regarding museums and other cultural institutions legislation, but amendments would be accepted (in terms of the changed listed at XXXIII). Further proposed developments in national and international laws are summarized at XXXIV-XXXVIII. Administrative Responses: Different collecting systems for Indigenous works are considered including: public domain collecting society, resale royalty and an Indigenous collecting society. Proposals are put forward for developing different types of agreements and funding projects and allocating grants. It is advised that a National Indigenous Cultural Autority be established as an organization made up of various Indigenous organizations, to – for instance – develop policies and protocols, authorize, and monitor the use of cultural material, and undertake public education strategies. Policies, Protocols and Codes of Ethics: This section recommends the development fo culturally sensitive policies. For instance, the introduction of legislation regarding sacred objects and the return of cultural property from museums. A code of ethics is proposed to encompass developments in the spheres of medicine, science, technology, and research at universities. In terms of the media, it is recommended that measures should be undertaken to promote understanding and respect for Indigenous people’s cultural practices and heritage, in terms of the content broadcast, as well as the actions of journalists.

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Abstract: This document aims to highlight the need for a strategy of intervention into the Arts in order to ensure that all funded arts and cultural activities cater for the needs of a culturally diverse society. The key principles guiding arts funding follow the Cultural Development Policy (1995), Building on Our Cultural Heritage: Ethnic Affairs Action Plan 2000 (1996) and Charter of Principles for a Culturally Diverse Society (1993), and can be summarized as follows: The Government acknowledges the inter-relationship and interconnectedness of ares that have previously been considered distinct (eg…mainstream art and minority art) so that each art practice will ‘have a place’ The Government will ensure that the resources it administers are distributed as equitably as possible The Government will treat cultural diversity, as expressed in the arts, as one of the defining characteristics of a united modern Australia Two major strategies are proposed. The first places focus on cultural diversity, the second is the requirement that mainstream arts structures incorporate cultural diversity considerations in their activities. Furthermore it is recommended that organizations be redefined along the following lines: the Ethnic Affairs Commission should allocate funding from its annual Grants Program toward ethic community cultural groups; the Community Cultural Development Program of the Ministry for the Arts should place a higher priority on multicultural diversity and activity; the multicultural arts event ‘Carnivale’ should continue to showcase a wide range of art forms by artists with diverse backgrounds; and the Government should increase effort to publicise the existence of funding programs, resources and responsibilities of funding bodies, in order to facilitate the process by which artists and arts organizations apply for resources. Finally, it is proposed that mainstream arts structures must incorporate cultural diversity considerations in their activities. To this end, the Government will continue to ensure that there is apprpriate non-English speaking background representation on all decision-making boards and committees (for instance, funding advisory structures).

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Abstract: This booklet sets out protocol and guidelines for the production of film and television about Aboriginal and Torres Strait Islander commuities. The report provides an overview of the general shared history, values, languages and structures of Indigenous communities. Specific guidelines are outlined for production crews entering indigenous communities: for instance, it is important to always contact the local Aboriginal Community Council (or related organization) in order to inform them of intentions and obtain the correct permissions (for instance, to enter the land). The role of the land and community councils is outlined, along with protocol regarding (for instance) editorial control, copyright issues, environmental issues, production guidelines and the associated rights of indiviauls involved. In terms of dramatic productions, guidelines are also set regarding actors, scriptwriting and the recognition and avoidance of stereotype. The guidelines put forward in this document are base don the following six (summarized) principles Program makers should be aware of and challenge teir prejudices regading indigenous people An aboriginal view of indigenous issues may differ from a non-aboriginal one Where non-indigenous people produce programs on indigenous people, they should do so in consultation with the people involved Dealings with indigenous people should be conduted openly and honestly No damage should be done to the lands or cultural property of the indigenous people involved The collection and use of information for a project should not be used against the people from whom the information comes. This guideline does not negate the need to file news reports which could be detrimental to indigenous communities, but these reports should remain culturally sensitive. The protocols are based on a code of ethics developed out of significant historical eevents. Following the Royal Commission into Aboriginal Deaths in Custody, in 1991 it was recommended that Aboriginal media organizations received adequate funding where necessary, in recognition of the importance of their functions (205.a) and that all media organizations should develop codes and policis relating to the presentation of Aboriginal issues (205b). Media organizations should support Aboriginal people in terms of providing training and employment programs, annual awards, including Aboriginal content in journalism courses, creating research units and increasing awareness of the problems related to representation in the media.

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Abstract: Molnar considers the forms of media developed ad/or used by Aboriginal Australians and Torres Strait Islanders during 1970-94. Community radio, ABC regional radio and low-power radio in remote areas (BRACS) were central mediums for indigenous communication. The author discusses the relative success (and central importance) of radio to communities, in contrast to the less developed mediums of indigenous film and video production. In 1985 the Federal Government established RCTS to facilitate the delivery of ommercial television to remote areas: the goal was to provide programming for Aboriginal Australians and Islanders living in remote communities. However, a commitment to indifenous content did not follow from this expanded service. In contrast, the Whitlam Goernment established a public radio service with the mandate of providing access to people who were not being served b ythe mainstream media Indigenous-produced community radio programs flourished and by 1994, at least 24 indigenous media associations broadcast on non-indigenous controlled community radio stations. These provided non-mainstream sources of information, however the goernment departments responsible for indigenous broadcaster (eg…ATSIS, DEET) did not acknowledge the importance of type of broadcasting through providing adequate funds. The author argues that funding is a key element in the disparity between the developments in radio and television. For instance, the production expense of television is prohibitive, resulting in faulty or substandard equipment, the commercial requirements of television programming resulte din a lack of indigenous content because it was cheapter to provide mainstream programs, and minimal funding to Indigenous Units within ABC and SBS resulte din minimum development despite the stated goals of both organization. These latter Units were established to redress the imbalance in content: for instance, by establishing Aboriginal Training Programs (AETP) to increase indigenous employment within the industry. The SBS did produce an indigenous language series (1991) and current affairs (1989) but its budget remained limited. The ABC’s unit had greater resources but was not adequately represented by indigenous people, either in production crew or producers. The author is nonetheless positive about emerging uses of new technologies. For instance, the development of the Tanami network, a six-point video conferencing network using compressed digital audio-visual technology, which allows historical community connections to be strengthened. The increase in community licenses since 1991 has allowed for a level of indigenous participation and control which was previously impossible in other sectors of radio. Despite the many problems with implementing BRACS (see pp175-176), the scheme has similar potential to give remote communities access to and control of their own media and information at a local level.

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Abstract: This article provides a history of early Australian colonial films produced out of the Brisbane film industry (late 19th century, early 20th century). The authors piece together this history through the use of journal entries, letters, and extant newspaper entries. Included are short discussions of particular pioneer filmmakers and their filmographers: among those considered are Boivin, Alfred Mason, Haddon and Fred Wills.

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Abstract: This paper focuses on Australian documentaries produced since 1987, in terms of the general context of their production as well as what types of documentary are currently being made. The author sets out to assess the role the documentary has played in the ‘flow of information, education and entertainment within Australia and internationally’ (30). Bell concludes that these films are too frequently ‘failures’ – in part due to a lack of funding – therefore the challenge for the 1990s is to lift the overall standard and redevelop the genre. The article considers ‘Australian documentary production’ in general with no particular attention to which sub-sections of the population are – and are not – producing the films. Indigenous documentary is only referenced in terms of Eric Michaels and his agenda for creating independent Aboriginal media.

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Abstract: This charter sets out the principal functions of the SBS and a number of duties it has to fulfil. These functions include the requirement to contribute to meeting the communication needs of Australia’s multicultural society (including Aboriginal and Torres Strait Islander communities), to increase awareness and promote understanding of these cultures, and to contribute to the retention of languages and provide content in these preferred languages.