Authorship,Authenticity, and Intellectual Property in Australian Aboriginal Art

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists' relationship different to other artists' individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006-8.     

Writing,Space and Authority: Producing and Critiquing Settler Jurisdiction in Western Australia

On the edge of Stirling Gardens in central Perth, Western Australia, five large, old-fashioned pen nibs stand in a curved line, their tips in the ground. Anne Neil’s sculpture, Memory Markers, commemorates the history of this site, which includes the Supreme Court. Taking this sculpture as an emblem of writing, which in the context of its setting highlights the relationship between literature and law, this article explores the image of the pen in the ground. As a symbol of literacy, it evokes the powerful network of discourses—particularly law, science and religion—that underwrote the imperial project. It signals, in Michele Grossman’s terms, “the event of literacy [that] radically interrupts and disrupts—but never eliminates—pre-existing Aboriginal epistemologies”. The article goes on to explore the sculpture as a symbol of the assertion of jurisdiction, the speaking of law in and over colonised space. It analyses a group of written texts associated with this site, from colonial legal assertions of jurisdiction over Aboriginal people in Edward Landor’s The Bushman (1847), through a proclamation under the Aborigines Act 1905 (WA), to Stephen Kinnane’s Indigenous family memoir of life under that act, Shadow Lines (2004).     

Public administration reform for Aboriginal affairs: An institutionalist analysis

Persistent underperformance of public policy and program implementation in Aboriginal affairs is widely recognised. We analysed the results of two case studies of attempted reforms in public administration of Aboriginal primary health care in the Northern Territory, using a framework based on the institutionalist and systemic racism literatures, with the aim of better understanding the sources of implementation failure. Implementation of the agreed reforms was unsuccessful. Contributing factors were as follows: strong recognition of the need for change was not sustained; the seeds of change, present in the form of alternative practices, were not built on; there was a notable absence of sustained political/bureaucratic authorisation; and, interacting with all of these, systemic racism had important consequences and implications. Our framework was useful for making sense of the results. It is clear that reforms in Aboriginal affairs will require government authorities to engage with organisations and communities. We conclude that there are four requirements for improved implementation success: clear recognition of the need for change in ‘business as usual’; sustainable commitment and authorisation; the building of alternative structures and methods to enable effective power sharing (consistent with the requirements of parliamentary democracy); and addressing the impact of systemic racism on decision-making, relationships, and risk management.     

Use of subpopulation data in Australian forensic DNA casework

DNA profiling evidence presented in court should be accompanied by a reliable estimate of its evidential weight. In calculating such statistics, allele frequencies from commonly employed autosomal microsatellite loci are required. These allele frequencies should be collected at a level that appropriately represents the genetic diversity that exists in the population. Typically this occurs at broadly defined bio-geographic categories, such as Caucasian or Asian. Datasets are commonly administered at the jurisdictional level. This paper focuses on Australian jurisdictions and assesses whether this current practice is appropriate for Aboriginal Australian and Caucasian populations alike. In keeping with other studies we observe negligible differences between Caucasian populations within Australia when segregated geographically. However segregation of Aboriginal Australian population data along contemporary State and Territory lines appears to mask the diversity that exists within this subpopulation. For this reason datasets collated along more traditional lines may be more appropriate, particularly to distinguish the most genetically differentiated populations residing in the north of the continent.     

“To Make It Brilliantly Apparent to the People of Australia”: The Pilbara Cooperative Movement and the Campaign for Aboriginal Civil Rights in the 1950s

During the 1950s an Aboriginal mining cooperative in Western Australia's Pilbara attracted widespread interest as a model for addressing Aboriginal disadvantage throughout Australia. Individuals and organisations involved in the struggle for equal rights for Aboriginal people learned what they could of the ideology, operation and history of the cooperative, chiefly through the writing and speeches of its non-Aboriginal leader and spokesman, Don McLeod. They saw in the Pilbara cooperative a model of Aboriginal-directed change which contrasted markedly with the tutelary monocultural approach of individual “advancement” which characterised state and Commonwealth government assimilation policy at the time. The intense interest shown in the cooperative by the Victorian Council for Aboriginal Rights, in particular, provides evidence that throughout the 1950s campaigners sought alternative solutions to Aboriginal disadvantage to those proposed under assimilation policy.     

Regulating the race: Aboriginal children in private European homes in colonial Australia

Abstract

This article focuses on the incorporation of Aboriginal children into European families on a private basis in the colonial era. While state-based missions and reserves were central sites where Aboriginal children were placed, other Aboriginal children were privately placed with European families during the colonial era. This article explores the shifting reasons for this practice. It finds that Aboriginal children who entered European families away from the control of the state came under the control of Europeans through a variety of ways. Initially, Aboriginal child removals were conducted during the course of violent frontier conflict or involved children who had been impacted by introduced European diseases. Smaller numbers of Indigenous children were taken as objects of curiosity. As the nineteenth century progressed, however, it became increasingly common for settlers to take Indigenous children for labour purposes. The article argues that the white middle-class family was positioned as a site for “civilising” children, where the moral regulation of childhood was conducted. This article adds a new dimension to colonial understandings about the role and structure of the family. It also expands understandings about Indigenous child removal in Australia's past.     

Pearson’s Mission: Revisiting Noel Pearson’s Revisionist History of Hope Vale

In 2000, Noel Pearson drew on his experiences of growing up on the Hope Vale, the Guugu Yimidhirr–speaking community that emerged from the Cape Bedford mission in the south east of Cape York, to write a revisionist history of the region. Indigenous communities were “strong, if bruised” in the wake of colonisation, he argued, but had descended into chaos since the 1970s because alcohol and welfare benefits had undermined the formerly resilient Aboriginal norms of “responsibility”. This paper offers a critical review of this politically potent account of the past, drawing on alternative oral histories, ethnographies and ethnohistories of Hope Vale, including Pearson’s own honours thesis (1986). Without challenging this sketch of his own experience, nor the sincerity of his nostalgia for the mission of his youth, I argue that Pearson’s more recent retellings are selective. In particular, his revisionist history overlooks evidence of drug abuse in the early colonial period and overstates both Guugu Yimidhirr agency in the process of missionisation and the uniformity and representativeness of the community that developed at Cape Bedford. Finally, I offer some possible personal, philosophical and political explanations for Pearson’s shifting approach to the past.     

Evidence and Contestation in the Indigenous Policy Domain: Voice,Ideology and Institutional Inequality

There is a tension in the evidence‐based policy paradigm as it concerns Aboriginal and Torres Strait Islander people, particularly with regard to their standing as evidence providers. Aboriginal people in Australia have primarily been seen as a ‘problem to be solved’ and racialised views of Aboriginal competence have allowed for past policy, now recognised as harmful, to be justified as being ‘for their own good’. This article considers some of the complexities of the evidence‐based policy paradigm as it applies to the Indigenous policy domain, arguing that in such a turbulent field the use of evidence is inevitably ideological and selective. The article concludes that, in light of persistent institutional inequalities, including Aboriginal and Torres Strait Islander voices and perspectives in genuine dialogue about policy is the only way to navigate this difficult terrain with any chance of success.     

What Makes an Aboriginal Council Successful? Case Studies of Aboriginal Community Government Performance in Far North Queensland

Indigenous community governments are at the frontline of current efforts to ‘close the gap’ between Indigenous and non‐Indigenous living standards. Yet there is little empirical evidence about successful performance by these organisations and considerable scepticism about whether introduced Western governance models can ever be viable in Indigenous communities. To identify the governance attributes that contribute to successful performance, case studies were conducted at three Aboriginal councils in far north Queensland. The untested assumptions in current notions of ‘good governance’ were examined. Currently accepted good governance principles and practices were investigated to ascertain their actual causal relationship with council performance. The research further identified key contextual, historical and cultural factors that are important in shaping successful or unsuccessful governance. Practical strategies are suggested for policy‐makers and Indigenous leaders to build the performance of Indigenous community governments.