Legislative Council: Tuesday, May 14, 2024

Contents

APY Art Centre Collective

The Hon. L.A. HENDERSON (15:18): I seek leave to make a brief explanation prior to asking a question of the Minister for Aboriginal Affairs on the topic of the APY Art Centre Collective.

Leave granted.

The Hon. L.A. HENDERSON: After the South Australian government-led review of allegations against the APY Art Centre Collective came back with no findings of wrongdoing, they referred the APY Art Centre Collective to the Office of the Registrar of Indigenous Corporations in December 2023. That office investigates breaches of the commonwealth Corporations (Aboriginal and Torres Strait Islander) Act, which concerns matters of governance. The second referral comes after the National Gallery of Australia had also found no improper interference or wrongdoing in the making of a number of artworks from the collective. My questions to the Minister for Aboriginal Affairs are:

1. On what grounds was the APY Art Centre Collective referred to ORIC?

2. Was the government asked to provide evidence or information to ORIC in relation to its investigation into the APY Art Centre Collective? If so, did they provide this?

3. Has the minister sought or received advice about whether the APY Art Centre Collective has breached the commonwealth Corporations (Aboriginal and Torres Strait Islander) Act?

4. Will the Minister for Aboriginal Affairs request of his government that they restore grant funding to APY Art should it be cleared of any wrongdoing?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:19): I thank the honourable member for her question. The grants funding for APY Art Centre Collective sits within the portfolio of the member for Enfield, the Minister for Arts. However, I am aware and certainly speak to community members, particularly from APY or APY community members who regularly reside in Adelaide, about a whole range of issues, including the arts area.

As the honourable member outlined in her question, the review that was conducted—I think jointly with the NT and commonwealth governments—referred matters and, I believe, evidence (I am happy to check if that is not correct) to the Office of the Registrar of Indigenous Corporations, more commonly known as ORIC, for further investigation. ORIC regularly conduct reviews and investigations in relation to corporations registered under that commonwealth legislation. I think all PBCs (prescribed body corporates) under the Native Title Act necessarily fall within the purview of ORIC, and many other Aboriginal corporations are registered under the CATSIA legislation, of which ORIC is a regulator.

I am not aware that ORIC have finished their investigations or their review of whatever information was provided as part of the review, but I am sure that we will hear in relation to any finalisation of that in due course.