Our commitment

The Australian Government has committed to introducing new laws to protect First Nations Indigenous Cultural and Intellectual Property (ICIP), including to address the harm caused by fake art, merchandise and souvenirs.

Aims of the consultation

The Australian Government has committed to developing the new laws through a First Nations-led process. Listening to First Nations people and communities is an integral part of this process. The Government has allocated funding to undertake ongoing community consultation as part of the development of the new laws. This work is led by the Office for the Arts.

Consultations in a snapshot

Between March to May 2024, the Office for the Arts heard from 365 stakeholders at 43 public, face-to-face community consultation sessions at 38 locations across Australia.

The Office for the Arts also held 3 online sessions in June 2024, with 51 attendees in total.

The Office for the Arts received 32 written submissions from 15 individuals and 17 groups.

Key themes

Some of the key themes that emerged during the sessions include:

  • Overwhelming support for the banning of art, merchandise and souvenirs made without any input from First Nations people.
  • The need for tough penalties for breaches of the cultural rights of First Nations people by non-Indigenous individuals and companies.
  • Many communities expressed the need for educative measures to support the new legislation, to raise awareness about the mechanisms for protecting the rights of First Nations people.
  • The need for greater financial assistance to support communities and artists in protecting and responding to breaches of cultural rights.

Some of the other matters discussed include guidelines for obtaining informed consent in the management and protection of cultural rights, particularly when those rights are shared by families or communities, and the possible creation of a body to assist local communities in dealing with breaches of cultural rights. These issues will require further consideration and consultation with communities to ensure any proposed solutions properly address the diverse needs of First Nations communities.

Next steps

The Office for the Arts will provide the findings of its consultation with its soon to be established First Nations Expert Working Group. The First Nations Experts will guide the Office for the arts and other government partners on the development of the legislation and follow up consultation with communities.