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Law Council of Australia


Aboriginal and Torres Strait Islander Visual Arts and Crafts

The Law Council of Australia (Law Council) is grateful for the opportunity to respond to the Draft Report published by the Productivity Commission (Commission) in relation to its study of Aboriginal and Torres Strait Islander visual arts and crafts (the Draft Report).

An executive summary of the Law Council’s views is set out in this letter and expanded on in the attachment.

I acknowledge the significant contributions of the Intellectual Property Committee (IPC) of the Business Law Section of the Law Council of Australia and the Law Council’s Indigenous Legal Issues Committee to the Law Council’s response. I also thank the Chair of the Consumer Law Committee of the Law Council’s Legal Practice Section for reviewing parts of the paper. I refer also to the Business Law Section’s submission to the Commission in relation to an earlier Issues Paper.

The IPC wishes to note that, while one of its contributors to the submission is Aboriginal the other authors do not identify as First Nations persons, their views should be considered on that basis. The IPC has made its contribution on the basis of its expertise in the practice and research of intellectual property law.

The Law Council’s view is that reform in this area should be led by First Nations peoples, and it urges the Australian Government to focus on community engagement, capacity building, and developing strong and adequately funded institutions to further First Nations self-determination in this sphere.


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