The processes and protocols of the Code will be implemented by the Committee - a voluntary, independent body which will administer it, maintain an on-line register of signatories, deal with complaints against signatories and promote the benefits of the Code to the broader industry.
Fair trade and commercial practice is the broad aim of this initiative, and in particular it seeks to promote:
- fair and ethical trade with artists
- transparency in the promotion and sale of artwork
- a fair and equitable dispute resolution system for disputes arising under the Code.
Joining the Code as a signatory will be voluntary and once the Code Administration Committee confirms that the dealer's details have been recorded then the dealer will be bound by the Code. Signatories will be required to include a list of terms in agreements about trade in Indigenous artwork.
Other features of the Code are:
- members will sign up to the Code by completing a standard form and submitting it in writing to the Code Administration Committee
- a register of signatories will be available online
- the Committee will look into any complaints that a signatory has breached the Code
- sanctions will be available for breaches of the code (including possible removal from the register as a Code signatory)
Arts Minister, Peter Garrett, congratulated the Code Administration Committee on their efforts to date, and said:
“The Code will, for the first time, provide a national set of standards for transactions between agents, artists and dealers in the Indigenous visual arts industry. The Code will ultimately help Indigenous artists negotiate fair deals for their work and give buyers greater certainty of an artwork’s origin and the way in which it was purchased. I encourage anyone interested in registering to go to the Code website”.
The following people have accepted the invitation to sit on the inaugural Committee:
Signatory positions
Cecilia Alfonso, Manager, Warlukurlangu Artists Aboriginal Corporation
Beverley Knight, Director, Alcaston Gallery
Martin Wardrop, Director, Aboriginal Art Online
Ian Plunkett, Director, Japingka Gallery
Appointed Positions -Indigenous Artists
Julie Gough
Terry Murray
Alick Tipoti
Artists Resource Organisations
John Oster, CEO, DESART
Elizabeth Tregenza, general manager, Ananguku Arts
Non-arts independent expertise
Ron Merkel, QC (Committee Chair)
Richard England, Director, Healthscope Limited. (Committee Deputy Chair)
One important area of the Aboriginal art sector not covered by the Code is the collecting institutions such as public galleries and museums. A Charter has been developed to affirm minimum ethical standards and best practice principles in the acquiring, displaying and deaccessioning of Indigenous works of art by these institutions.
While administration and enforcement are important, the Code will only become effective if both buyers and dealers are aware of the Code and support it. Central to its success, in my opinion, will be the adherence of signatories to Division 2.3 Dealing with Artworks and in particular Clause 13 Code Certificate.
If the issues of probity that have beset the Aboriginal art industry cannot be brought under control within a period of two years, it is quite conceivable that the Code will become mandatory.
For more information - www.indigenousartcode.org
