Indigenous Australian Art Commercial Code of Conduct consultations

The code of conduct is designed to strengthen fair and ethical trade in the Indigenous visual art industry. It specifies a set of minimum standards for dealers, agents and artists, and defines terms of trade, rights and responsibilities for the sale and management of artworks.

History of The Code's development

On 20 June 2007, the Senate Standing Committee on Environment, Communications, Information Technology and the Arts tabled its report entitled ‘Indigenous Art – Securing the Future’ (‘the Senate Report’). This Senate Inquiry was undertaken in response to reports of unscrupulous conduct in the Indigenous visual arts industry, in particular reports of unfair treatment of Indigenous artists. The Senate Report’s 29 recommendations were broad ranging, reflecting the sector’s diversity and complexity.  Central to those recommendations was the call for an industry code of conduct to address unethical behaviour in the sector.  In particular, the Senate Report noted that:

"… there is a need for a practical code that sets out clear parameters for appropriate conduct in the industry.  An industry code will need to set clear expectations regarding behaviour in this market, and be widely adopted, if it is to have an impact on unethical conduct in the sector."

One of the key recommendations of this report was the development of a voluntary Indigenous Australian Art Commercial Code of Conduct (‘the Code’).  The Senate Report recommended that the Code be developed as soon as possible and that once completed, all stakeholders in the industry examine, disseminate and adopt the Code where relevant. 

The Australian Government’s response to the Senate Report was tabled on 8 August 2008 and agreed to the importance of introducing the Code as soon as possible.

In October 2008, the Australia Council for the Arts was asked by the Cultural Ministers Council to manage the project.  The Hon. Peter Garrett AM MP, Minister for the Arts asked that a Code document be distributed for consultation by 17 December 2008.

A Senior Officers Group (SOG) was formed consisting of the Chief Executive Officer of the Australia Council, the General Manager of the ACCC’s Compliance Strategies Branch General Manager and the DEWHA Arts Division First Assistant Secretary to guide the development of the Code. Australia Council also engaged the services of Watchdog Compliance Pty Ltd to draft the Code, provide expert comments at all stages of the project, consult with industry to ensure the Code can be practically applied in the Indigenous visual arts sector, to ensure that the Code is aligned with the ACCC guidelines and provides a high level framework for compliance and enforcement. 

An Industry Alliance Group (IAG) was formed comprising representatives from various sectors within the visual arts industry including artists, Indigenous art centres, commercial art galleries, public art galleries and auction houses.  The visual arts peak bodies included the Association of Northern, Kimberley and Arnhem Aboriginal Artists (ANKAAA), Umi Arts, Ananguku Arts, Desart, Australian Commercial Galleries Association (ACGA), Australian Indigenous Art Trade Association (AIATA), the National Association for the Visual Arts (NAVA).  Australian Copyright Council, and the Arts Law Centre of Australia.

A draft consultation Code was developed and released on 18 December 2008 for comment. 

Individuals and organisations were invited to make a contribution by phone, email, letter or by written submission. Following the review of the submissions and feedback received the code was further refined.  A working draft of the Code and a Discussion paper were then released in March 2009 and distributed widely, to provide a framework for further industry input and contribution.

In addition to seeking written submissions and feedback, open consultation meetings to discuss the draft Code and the Discussion paper were held in each state and territory during the first half of 2009.  Areas included Alice Springs, APY Lands, Kimberley region, Darwin, Cairns, Brisbane, Sydney, Melbourne, Launceston, Hobart, Adelaide and Perth.

All interested artists, arts organisations, commercial dealers and galleries were welcome to attend these consulations.

Consultation forums were held in:

Alice Springs NT
Monday 20 to Tuesday 21 April 2009

Lismore NSW
Tuesday 12 May 2009

A version of the code was approved by the Industry Alliance Group in July 2009

Read the Industry Alliance Group  approved Code of Conduct here

Read the background paper

Download the discussion paper that guided the consultations

Read the drafted fact sheet on tax and non cash remuneration here

Read  the consultation submissions