Arts Law recently made a submission to the Australian Law Reform Commission’s (ALRC) review of the Native Title Act 1993.
The ALRC has been tasked by the Federal Attorney-General, Senator George Brandis, with considering what changes should be made to improve the operation of Commonwealth native title laws and legal frameworks.
Arts Law through the Artists in the Black service provides assistance to Aboriginal and Torres Strait Islander artists and community art centres with the aim of increasing access to legal advice and information about arts law issues. Through this service, Arts Law is in a unique position to address the concerns of Aboriginal and Torres Strait Islander artists and community art centres as to the adequacy of protocols to manage ‘Indigenous Knowledge’ or ‘Indigenous Cultural and Intellectual Property’.
Arts Law is of the view that the Native Title Act does not adequately recognise the vested customary and common law property rights of Aboriginal and Torres Strait Islander people in their traditional knowledge and traditional cultural expressions. Arts Law supports amending the Act to provide for the maintenance, protection and prevention of misuse of cultural knowledge and cultural expressions.
To read the rest of Arts Law’s submission, see the ALRC Native Title submissions page – our submission is #72.