5 May 2023

UC academic to advise NGA's independent review of contentious Indigenous artworks

| Ian Bushnell
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UC Pro Vice-Chancellor Indigenous Leadership, Professor Maree Meredith. Photo: Lisa Hatz Photography.

An Indigenous academic at the University of Canberra will advise the two reviewers named by the National Gallery of Australia to investigate the claims of white involvement in works slated for the upcoming exhibition Ngura Pulka – Epic Country.

The NGA has announced the terms of reference for the snap independent review, prompted by media reports that white studio assistants painted on the Indigenous artworks from South Australia’s Anangu Pitjantjatjara Yankunytjatjara (APY) lands.

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The NGA says the independent review will consider the scope and extent of contributions, if any, that third parties – in particular, studio assistants and managers at the APY Art Centre Collective – made to the creation of the 28 paintings in the Ngura Pulka exhibition.

It will assess whether those works were made under the creative control of the artists to whom they are attributed.

The NGA Gallery has appointed an independent panel to undertake the review.

The two reviewers are Colin Golvan, KC, one of the most senior members of the Intellectual Property Bar in Melbourne, with extensive experience in copyright protection for Indigenous arts; and Shane Simpson, founder of Simpsons Solicitors, and a recognised expert in arts, entertainment, cultural property and copyright laws.

Professor Maree Meredith, a Bidjara woman and University of Canberra’s Pro Vice-Chancellor Indigenous Leadership, and Kokatha and Nukunu artist Yhonnie Scarce will advise the reviewers.

The NGA says the panel will determine whether the paintings can properly be described as having been made under the creative control of the persons named as the artists and make recommendations to NGA director Nick Mitzevich based on the findings.

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The review will not assess the broader ethics and workings of the First Nations art market; the significance of the Tjukurpa (cultural stories) of the 28 paintings; whether individuals who contributed to the 28 paintings were entitled to do so under relevant First Nations cultural laws; or the authorship of other APY paintings not proposed for display by the National Gallery.

The review will not be a drawn-out affair, with the gallery expecting the panel to submit its findings by 31 May 2023, just days before the Ngura Pulka exhibition is due to open.

The NGA will also stop promoting the exhibition for the duration of the review.

Dr Mitzevich said the review would clarify whether the APY artists attributed as the creators of the paintings in the exhibition exercised effective creative control, and can properly be described as the artists responsible for those works consistent with the National Gallery’s provenance policy.

“We understand and appreciate that many issues surrounding the broader ethics and workings of the First Nations art market have been raised by The Australian newspaper’s recent investigation,” he said.

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“Like other stakeholders of the First Nations art market, we are supportive of building an improved understanding of the ethical and cultural issues at play.

“These are big cultural, artistic, and economic issues, and we are happy to be part of the conversation, but the National Gallery is not an arbitral body.

“At this point, our focus is ensuring the welfare and safety of artists and seeking independent and expert assistance to assess the provenance of the 28 works on loan to the National Gallery for Ngura Pulka.”

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