ACCC discontinues 'white hands on Black art' investigation

Dechlan Brennan
Dechlan Brennan Published July 21, 2024 at 8.00am (AWST)

The Australian Competition and Consumer Commission has discontinued an investigation into the "white hands on Black art" allegations at the APY Arts Centre Collective, arguing there was nothing found by their investigation to suggest consumer law had been broken.

The investigation by the ACCC came on the back of multiple reports in The Australian newspaper, which suggested the Collective (APY ACC) had allowed non-Indigenous assistants to paint different parts of some of the works about the Tjukurpa — the spiritual and sacred law governing culture.

A video published in the story allegedly showed a non-Aboriginal assistant helping to direct the painting of a work by artist Yaritji Young at the Tjala Art Centre in South Australia's north.

Young denied her art had been interfered with.

The alleged interference by non-Aboriginal APY ACC staff in the production of Anangu art was investigated by the ACCC after being referred to by a panel appointed by the South Australian Department of Premier and Cabinet.

ACCC Deputy Chair Catriona Lowe said they had received the material provided by the panel and "found nothing that we consider may have breached the Australian Consumer Law".

However, the consumer watchdog acknowledged that the media coverage on the issue "prompted important discussion on complex cultural and social issues around the different roles and contributions in the creation of Anangu artwork and management of community art studios".

"These broader cultural issues fall outside the provisions of the Australian Consumer Law and the ACCC's enforcement powers," Ms Lowe said.

"The ACCC supports proposed federal legislation to protect Indigenous cultural and intellectual property."

She said proposed new legislation - first announced in January last year and being developed in consultation with First Nations representatives - "may provide a more suitable approach to govern the issues around the production and management of First Nations art".

In a statement reported by the ABC, APY ACC chair Sandra Pumani said the collective welcomed the ACCC's findings, arguing they vindicated what she described as a "false story".

"The findings prove what we have always known, that there is no doubt that the integrity and honesty of our artists and their work is of the highest professional standard," Ms Pumani said.

"APY artists are thrilled we can now continue to create world-leading artwork without the unfair and incorrect allegations made against us."

The South Australian panel also referred the allegations to the Office for the Registrar of Indigenous Corporations (ORIC), whose investigation remains ongoing.

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