First Nations Policy 2024-2029

NAVA is dedicated to improving labour conditions in the arts sector, so it is vital that we are responsive to the specific needs of First Nations artists who are subject to ongoing colonialism, dispossession, and systemic inequity. As an organisation, we need to strengthen our cultural safety – critically reflecting on our values, behaviours, and actions – so that we can build ongoing and reciprocal relationships with First Nations artists, arts workers, and organisations.

The purpose of this NAVA First Nations Policy (Policy) is to enable the organisation to recruit, sustain, and support an empowered First Nations workforce within NAVA by:

• lifting the level of cultural competency across the team;
• supporting the safer employment of First Nations NAVA staff; and
• strengthening engagement with First Nations artists, arts workers, and organisations.

The Policy provides NAVA with a strategic framework to achieve these aims over a five-year period.

2.1. Executive Director

The Executive Director is personally responsible for the overall implementation of this Policy and is accountable to the NAVA Board to report on the progression of the commitments contained within this Policy.

2.2. Deputy Director of First Nations Policy and Advocacy

NAVA will create the new role of Deputy Director of First Nations Policy and Advocacy which would be responsible for and accountable to the Executive Director in relation to the implementation of this Policy.

2.3. General Manager and Advocacy and Communications Manager

In the event that the Deputy Director of First Nations Policy and Advocacy role is vacant at any time, the General Manager and Advocacy and Communications Manager is responsible for and accountable to the Executive Director in relation to the implementation of this Policy. This responsibility will be fully handed over to the Deputy Director of First Nations Policy and Advocacy once the role is filled.

2.4. Reconciliation Action Plan Working Group

The role of NAVA's Reconciliation Action Plan Working Group (the Group) is to ensure that staff are supported in completing deliverables outlined in the NAVA Reconciliation Action Plan and inviting additional members into the Group.

The Principles in this clause inform all activities undertaken by NAVA in order to further the objectives and actions (as set out in section ‎6 of this Policy).

3.5. Self-determination

NAVA is committed to promoting self-determination for First Nations people. Self-determination is the internationally recognised right for First Nations people to control their own affairs, maintain their culture and heritage, and determine their own future.

Within NAVA, self-determination means the right of First Nations people to celebrate their culture and identity and to direct NAVA in relation to First Nations culture. This is subject to any applicable laws, policies, or guidelines which are already in place at NAVA.

This policy seeks to embed the aspirations and values of First Nations people, including the right of self-determination, into the NAVA governance structure.

As part of this commitment to the right of self-determination for First Nations people, NAVA:

• is committed to consulting with First Nations people and communities as an integral part of the planning process when implementing initiatives and programs; and
• acknowledges that NAVA must be accountable to the First Nations community both within NAVA and the broader community.

3.6. Respect and acknowledgement

NAVA acknowledges First Nations people as the original Australians and ongoing custodians of Country who occupy a unique place within Australian society and subsequently within NAVA.

NAVA acknowledges that First Nations cultures are living and evolving entities, not simply historical phenomena. Indigenous artists and creators draw upon their pre-existing cultural base, experiences, and stories in many different ways. It is important to respect the diversity of cultural expression in Indigenous creative arts, and acknowledge its ongoing development through different styles and forms. NAVA strives to be an organisation which seeks to work hand-in-hand with First Nations people and communities.

Actions NAVA has taken in pursuit of this objective include:

• NAVA proudly features the Aboriginal and Torres Strait Islander Flags on the landing page of the Code of Practice for Visual Arts, Craft and Design (Code).
• NAVA acknowledges the important role that Elders hold within the First Nations community, including in maintaining their knowledge systems. NAVA will continue to engage with Indigenous Elders, members, and peak bodies in seeking guidance, insight, and participation in NAVA's advocacy work, including development of the Code, programs, and policies.

3.7. Shared responsibility

Implementation of this Policy is a responsibility shared across the organisation. The NAVA Action Plan 2023-2025 sets out goals for the further integration of First Nations perspectives across our organisation as follows:

• Collaborate with First Nations artists, educators, and participants in promotion and programming around the Code;
• Commission First Nations educators to deliver workshops on the Code to First Nations audiences;
• Develop a strategy for long-term and sustainable First Nations employment within NAVA;
• Commission First Nations specific resources on professional practice;
• Prioritise First Nations speakers and facilitators in all education events and public programs;
• Collaborate with First Nations artists, educators, and participants in ‘Art is a Real Job’, the Community of Practice initiative, and in the development of learning resources;
• Develop a First Nations Advisory Group; and
• Establish mentorship pathways for early career First Nations leaders on the NAVA board.

3.8.  Cultural safety and competency

Cultural safety is about individuals, organisations and systems being aware of the impact of their own culture and cultural values on Aboriginal and/or Torres Strait Islander people, while creating and maintaining an environment where all people are treated in a culturally respectful manner.

NAVA is committed to creating an environment that is welcoming, respectful, culturally safe, non-discriminatory, and free of harassment for all people, including First Nations people.

Cultural competency is a set of behaviours, attitudes and policies that come together to allow people to work effectively in cross-cultural situations. It is best understood as something people move towards along a continuum rather than a point in time achievement. 

NAVA is committed to the development of cultural competency amongst its non-First Nations staff in order to achieve the objectives as set out in this Policy.

3.9. Advocacy

NAVA is committed to improving the fundamental conditions of work and practice for all artists, including First Nations artists, through advocacy.

3.10. Accountability

NAVA recognises the importance of being accountable. This includes:

• creating opportunities for open dialogue, consultation, and listening to the voices of First Nations members and communities;
• building trust through transparency; and,
• complying with and working toward complying with our own Code of Practice and its Good Practice Recommendations in relation to First Nations Peoples.

3.11. Ethical research

NAVA work includes research for future new content, for the Code of Practice, and for policy development, contributions to government enquiries, advocacy.

NAVA is committed to engaging in ethical research in relation to First Nations people. NAVA recognises First Nations Peoples' inherent right to govern the way their culture and heritage are maintained. Any research will be approached with best practice ethical standards in mind, and in consideration of human rights principles. First Nations people and communities must be informed and active participants in any NAVA related research project that concerns them.

NAVA has been deeply involved in commissioning and developing the Creative Australia: Protocols for using First Nations Cultural and Intellectual Property in the Arts since their inception. We are committed to continuing this work alongside First Nations creatives and leaders.

3.12. Equitable education and employment

NAVA is committed to the achievement of equitable targets and outcomes in First Nations employment. NAVA will ensure the following:

• Commissioning First Nations educators to deliver workshops on the Code to First Nations audiences;
• Development of a strategy for long-term and sustainable First Nations employment within NAVA; and
• Prioritisation of First Nations speakers and facilitators in education events and public programs.

For the purposes of this Policy, the following definitions apply:

Aboriginal and/or Torres Strait Islander

An Aboriginal and/or Torres Strait Islander person is defined as anyone who:

1. is of Aboriginal and/or Torres Strait Islander descent;
2. identifies as Aboriginal and/or Torres Strait Islander; and
3. is recognised by the community in which they live as an Aboriginal and/or Torres Strait Islander person.

This definition is based on the definition of Aboriginal and/or Torres Strait Islander identity that has been adopted by the Commonwealth of Australia for administrative purposes.

First Nations learning

This refers to NAVA's commitment to: 

• employ Aboriginal and/or Torres Strait Islander staff; and
• engage Aboriginal and/or Torres Strait Islander artists and arts workers on contract or commission,

as part of a learning program centered around NAVA's Code of Practice.

Ancestors

For First Nations people, this word has two meanings. Firstly, it can refer to the ancestral beings who created every aspect of the landscape and the laws by which people still live. It can also refer to any deceased person(s) from whom an individual or group is descended. Because Aboriginal culture and spirituality is hierarchical, ancestors are revered.

Contemporary First Nations art

For tens of thousands of years, First Nations peoples have created art to document and share their traditions and experiences. Contemporary First Nations art encompasses a wide range of practices  made in the present day. NAVA recognises the visual arts, craft and design to broadly include painting, sculpture, printmaking, photography, ceramics, textiles, glass, screen media, games, installation, public art, performance, live art and experimental practices.

Country 

Country is an Aboriginal Kriol (Creole) term that refers to the traditional estate of an Aboriginal person, whether a man, woman, or child. This may mean a specific area inherited from ancestors and belonging to a descent-based group of people or a larger, more general region from which that person’s ancestors originate.

Elders 

Elders are First Nations people who are held in esteem and have a position of authority within their community. In Aboriginal society, generally, the older a person is, the more respect and authority they have because knowledge is passed down to each generation in a gradual way, often at ceremonies. Elders are usually addressed using the terms of respect 'uncle' or 'aunty'. Elders do not necessarily have to be old, but they must have earned that title as a result of their knowledge of culture and/or contribution to their community.

First Nations Peoples / First Nations people 

In this document, we use the term "First Nations" to describe people who identify as being Aboriginal and/or Torres Strait Islander. This is considered by many to be inclusive and is currently used widely. However, we recognise the right of each person to identify how they wish, and that broad terms such as these are unable to reflect the diversity of the First Peoples of Australia.

We acknowledge that some people may prefer to be identified by their clan or language group name, and that others may prefer to be identified in other ways. We continue to learn, to listen and to reflect on how we can make language as inclusive as possible.

The word "Indigenous" is also used in this document when referring to concepts within international law. With the advent of international human rights laws and standards, the term ‘Indigenous’ came to be used in two ways: first, to refer in international law to those peoples who predate colonising peoples, such as Aboriginal people in Australia, Native Americans in the USA, and Maori in New Zealand; and, second, with a capital ‘I’ to refer to First Nations people.

Indigenous Cultural and Intellectual Property (ICIP)

Indigenous Cultural and Intellectual Property (ICIP) means Aboriginal and Torres Strait Islander people’s rights to their heritage. Heritage comprises all objects, sites and knowledge, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Aboriginal or Torres Strait Islander group or their territory. The heritage of Aboriginal or Torres Strait Islander peoples is a living one and includes objects, knowledge, language, literary, artistic and performance works which may be created in the future based on that heritage.

Traditional Custodian(s)

Traditional Custodians are First Nations Peoples who, as result of their ancestral heritage, cultural ties, and/or customary laws, have authority and custodial obligations over a particular area of land and/or clan group.

Business context

NAVA is a membership organisation which brings together the many voices of the contemporary arts sector to improve fundamental conditions of work and practice. We do this through advocacy, education, and promotion of the Code. NAVA's vision is to ensure that the visual arts are vital, sustainable, and ethical. 

NAVA considers the following values vital to its operations and identity:

• Trust and transparency;
• Ethical, representative leadership; and
• Collaboration and consultation.

NAVA has articulated six key objectives:

1. To meet good practices as outlined in the Code in our everyday operations and delivery, with a key focus on instigating structural change that places equity and sustainability at the core of our work; 
2. To promote and encourage the adoption of the Code across the sector; 
3. To advocate for more equitable working conditions for artists and arts workers;
4. To engage and mobilise our membership on issues that impact their work, lives and practices;
5. To maintain a high level of standard in our service provision; and
6. To build capacity within the sector through professional development and learning opportunities.

NAVA acknowledges that the work of First Nations artists is vital to a thriving Australian visual arts sector. We acknowledge the role of First Nations artists as custodians of law and culture for their communities, and their strength and resilience. NAVA is dedicated to working to alleviate the barriers faced by First Nations artists and making NAVA a safe and rewarding workplace for First Nations people. 

Cultural context

A. Visual art is culture: culture is law 

Australia’s First Nations Peoples' are two distinct cultural groups made up of First Nations Peoples. There is great diversity within these two broadly described groups, exemplified by the over 250 different language groups spread across the nation.

About 3 in 5 (62%) First Nations people live in New South Wales and Queensland. Most (around 3 in 5) live in major cities and inner regional areas. 1 in 5 live in outer regional areas, and nearly 1 in 5 live in remote or very remote areas. First Nations people account for approximately 2% of the total population non major cities, and 47% in very remote areas. 

For First Nations Peoples, “Law is culture, and culture is Law”. In Australia, culture and law varies depending on the Country and particular language groups. First Nations artists and creators come from many different backgrounds, cultivate their creative practice in many different ways, and develop their works in many different styles. 

Professor Wantarri 'Wanta' Pawu, Warlpiri Elder, explains how his creative practices and his law are intertwined:

“Out of the land, our songs become our words, our words become our stories, our stories become our songs, our songs become our ceremonies, our ceremonies become our teachings, our teachings become our beliefs, our beliefs become our law, and through that we are strong and know who we are wherever and whatever we are doing."

For most First Nations visual artists and creatives, their practice is grounded in their ancient and contemporary cultural heritage, traditional knowledge, and connection to Country, which has been handed down to them through the generations over thousands of years.
The rights of First Nations peoples to protect the intangible and tangible aspects of their traditional art, culture, and knowledge is called ‘Indigenous Cultural and Intellectual Property’ (ICIP).
B. Recognising and protecting ICIP
The United Nations Declaration on the Rights of Indigenous Peoples recognises that First Nations Peoples' have the right to "maintain, control, protect, and develop" their ICIP. ICIP refers to all aspects of Indigenous peoples’ cultural heritage, including the tangible and intangible. ICIP includes:

• traditional knowledge (scientific, agricultural, technical and ecological knowledge, and ritual knowledge);
• traditional cultural expression (stories, designs and symbols, and literature and language);
• performances (ceremonies, dance, and song);
• cultural objects (including but not limited to arts, crafts, ceramics, jewellery, weapons, tools, visual arts, photographs, textiles, and contemporary art practices);
• human remains and tissues;
• secret and sacred material and information (including sacred/historically significant sites and burial grounds);
• documentation of First Nations Peoples’ heritage in all forms of media such as films, photographs, artistic works, books, reports and records taken by others, sound recordings, and digital databases.

First Nations people and communities have the right to:

1. own and control their ICIP;
2. ensure that any means of protecting ICIP is based on the principle of self-determination;
3. be recognised as the primary guardians and interpreters of their cultures;
4. authorise or refuse to authorise the commercial use of ICIP, according to their own laws and customs;
5. maintain the secrecy of their knowledge and other cultural practices;
6. full and proper attribution; and
7. control the recording of cultural customs and expressions, the particular language which may be intrinsic to cultural identity, knowledge, skill, and teaching of culture.

ICIP is not formally recognised under Australian law. Intellectual property laws will protect some of the forms of traditional and cultural expressions mentioned, but such protections extend only to individuals rather than communities. In addition, while Commonwealth and State cultural heritage laws do protect certain objects and places that are significant to First Nations people, language, stories, cultural practices, and other intangible forms of First Nations cultural heritage are not protected under any Commonwealth or State legislation. However, ICIP rights can be recognised and protected through the use of contracts with holders of ICIP rights. 

The Australian arts sector has begun to adopt a 'best practice' approach through the implementation of policies that recognise and protect ICIP. For example, creative practitioners who are funded by Creative Australia, and work with First Nations artists or engage with ICIP in projects, are required to comply with the Australia Council for the Arts' 'Protocols for using First Nations Cultural and Intellectual Property in the Arts' as a condition of funding. 

NAVA is dedicated to supporting the protection of ICIP across the Australian creative sector and within our workplace.

The Economy of First Nations visual arts

First Nations arts practitioners make significant economic and cultural contributions in Australia and internationally. First Nations artists work in diverse settings across Australia, from independent practices or art collectives and co-operatives to community-controlled art centers.

First Nations visual art (in all its diversity) has grown into a significant industry, with total sales reaching at least $250 million in 2019-20. This industry generates income for artists and arts workers, creates economic opportunities for communities, and helps to maintain, strengthen, and share First Nations cultures. 

However, First Nations creative practitioners face significant barriers to economic participation in the Australian arts sector, including:

• precarious work and very low incomes;
• identity strain and cultural load; and
• workplace racism and exclusion.

Precarious work and very low incomes

Across the arts and entertainment sector, there is a high incidence of precarious work. In February 2021, around 45% of all employees in arts and recreation services were in casual roles (defined as employment without access to basic paid leave entitlements, like holiday and sick leave, and superannuation). This ABS measure of insecure employment underestimates the scale of insecure work in the sector since it measures employees only (excluding, for instance, self-employed and gig workers). Among artists, the majority operate as freelancers or self-employed individuals. Earnings for many self-employed Australians are also low and unstable: for example, median earnings for part-time self-employed individuals with no employees are around 60% lower than for full-time paid employees. 

Average gross annual income for artists across the sector is $48,400. While income and cost of living are growing concerns for Australians from all walks of life, average annual incomes for artists are 21% lower than the average for the Australian workforce, and even lower than those of similarly qualified practitioners in other industries: 41% lower than ‘professionals’ and 47% lower than ‘managers’.

The average measured income of First Nations artists is significantly lower than the average across the sector. The average income for First Nations artists who sold art through an art centre in 2019-20 was just over $3200. For First Nations artists not working through art centres, the average income was about $6000. Additionally, average incomes for artists working in remote First Nations communities are significantly less than those of artists working in metropolitan, regional, and rural areas.

Identity strain 

‘Identity strain’ refers to the strain employees feel when they themselves, or others, view their identity as not meeting the norms or expectations of the dominant culture in the workplace. Research demonstrates that members of minority groups expend effort and energy managing their identity in the workplace to avoid the negative consequences of discrimination, harassment, bias, and marginalisation.

The Diversity Council Australia and the Jumbunna Institute undertook an extensive survey of First Nations employees in Australia, publishing their findings in the Gari Yala (Speak the Truth) synopsis report (Gari Yala Report).

The Gari Yala Report found that 63% of First Nations workers feel a high level of identity strain. This came in forms such as:

• Working harder – 65% reported having to work harder to prove that an First Nations person can do the job sometimes, often, or all the time;
• Compromising cultural integrity – 44% reported being asked to do things that made them feel they were compromising their cultural identity sometimes, often, or all the time; and
• 'Toning it down’ – 33% reported being told to ‘tone it down’ or be less outspoken about First Nations issues sometimes, often, or all the time.
• Not feeling skills, perspectives and experiences are valued – 45% felt their workplace never, rarely, or only sometimes values the skills, perspectives, and experiences of First Nations people.

The Gari Yala Report found that First Nations workers with high identity strain were:

• 3 times less likely to always be satisfied with their job compared to those experiencing low identity strain (14% high identity strain compared to 42% low identity strain);)
• 3 times less likely to recommend their workplace to other First Nations people (15% high identity strain compared to 50% low identity strain); and
• 3 times more likely to intend to leave their employer in the next year (36% high identity strain compared to 11% low identity strain).
• 45% felt their workplace never, rarely, or only sometimes values the skills, perspectives, and experiences of First Nations people.

Cultural load is the (often invisible) additional load borne by First Nations people at work, where they are the only First Nations person or one of a small number of First Nations people.

The Gari Yala Report found that 39% of First Nations workers reported having a high cultural load in their workplace. This came in the form of:

• Extra work demands – 66% reported having extra First Nations-related work demands placed upon them that non-First Nations colleagues do not sometimes, often, or all the time;
• Expectation to educate others – 71% reported being expected to educate their non-First Nations colleagues about First Nations peoples and racism sometimes, often, or all the time; and
• Expectation to represent all First Nations people – 69% reported being expected to talk on behalf of all Aboriginal and/or Torres Strait Islander peoples sometimes, often, or all the time.

The Gari Yala Report found that First Nations with high cultural load were:

• 2 times less likely to always be satisfied with their job compared to those experiencing low cultural load (18% high cultural load compared to 43% low cultural load);
• 2 times less likely to recommend their workplace to other First Nations people (21% high cultural load compared to 51% low cultural load); and
• 2 times more likely to intend to leave their employer in the next year (27% high cultural load compared to 14% low cultural load).

Workplace racism and exclusion 

The Gari Yala Report explains that racism can be interpersonal (such as through exclusion, abuse, or stereotyping) or systemic (through policies, conditions, and practices). Experiences of racism cause extreme psychological distress and significant detrimental impacts on health. 

The Gari Yala Report found that unfair treatment and racist slurs are common experiences for First Nations workers:

• 38% reported being treated unfairly because of their First Nations background;
• 44% reported hearing racial slurs sometimes, often, or all the time; and
• 59% reported receiving comments about the way they look or ‘should’ look as an Aboriginal or Torres Strait Islander person.

Racism impacts wellbeing and job satisfaction – the Gari Yala Report found that First Nations workers who experienced unfair racist treatment were:

• 2.5 times less likely to always be satisfied with their job, compared against those who rarely or never experienced unfair racist treatment (13% experience all of the time/often/always compared to 32% never/hardly ever);
• 3 times less likely to always recommend their workplace to other First Nations people (12% experience all of the time/often/always compared to 39% never/hardly ever); and
• 2 times more likely to be looking for a new employer in the next year (36% experience all of the time/often/always compared to 15% never/hardly ever).

These findings highlight the high cost of identity strain, cultural load, and racial discrimination on First Nations workers. NAVA acknowledges that addressing causes of these issues in our workplace must be a priority in order to achieve our goal of recruiting, sustaining, and supporting an empowered First Nations workforce within NAVA.

NAVA recognises that First Nations peoples may face overlapping forms of discrimination and marginalisation, such as disability or gender. In particular, disability is twice as common for First Nations people. Our commitment to reconciliation will take an intersectional approach, including having First Nations representation in our Disability Advisory Group for the Code of Practice revision.

As a peak body, we recognise the breadth of our reach. As many artists and organisations refer to NAVA’s Code of Practice, we have a responsibility to ensure that cultural safety is embedded into these industry standards, and that we address systemic inequities with care and rigour. Instead of taking a passive stance, NAVA seeks to be actively anti-racist in our work.

National Association of the Visual Arts: Code of Practice for Visual Arts, Craft and Design

Endorsed by the Australian Government as part of National Cultural Policy – Revive: a place for every story, a story for every place, the Code of Practice for Visual Arts, Craft and Design sets out equitable, ethical, and self-reflective standards for the professional Australian contemporary arts sector.

The Code covers good practice approaches to working relationships, ethical standards of access and inclusion, and payment rates for artists and arts workers.

The Code contains a dedicated First Nations section which provides recommendations for good practice for all organisations and individuals in relation to engaging with First Nations peoples and works. 

United Nations Declaration on the Rights of Indigenous Peoples

Adopted by General Assembly Resolution 61/295 on 13 September 2007, the Declaration on the Rights of Indigenous Peoples is a set of principles describing equality, non-discrimination, partnership, consultation, and cooperation between First Nations Peoples and governments and their institutions. The Australian Government officially endorsed this document on 3 April 2009.

Creative Australia: Protocols for using First Nations Cultural and Intellectual Property in the Arts

First published in 2002 and revised in 2007, the protocol guide endorses the rights of First Nations people to their cultural heritage and supports First Nations creative practice. The protocol guide encourages self-determination and helps build a strong and diverse First Nations arts sector. These are key goals and priority areas of Creative Australia.

Creative practitioners who work with First Nations artists or engage with First Nations cultural heritage in projects and are funded by Creative Australia grant assessment panels are required to comply with this protocol guide as a condition of funding. Over the years, the principles and protocols contained in the protocol guide have also been applied nationally and internationally, educating readers and users on First Nations cultural heritage, and encouraging meaningful collaborations with First Nations artists and creators.

Australian Institute for First Nations Studies (AIATSIS): Guidelines for Ethical Research in Indigenous Studies, 2011

The principles contained in the AIATSIS Guidelines for Ethical Research in Indigenous Studies are founded on respect for Indigenous peoples' inherent right to self-determination, and to control and maintain their culture and heritage. AIATSIS considers these principles to not only be a matter of ethical research practice but of human rights.

Diversity Council Australia and Jumbunna Institute: 'Gari Yala' (Speak the Truth), Centering the Work Experiences of Aboriginal and/or Torres Strait Islander Australians', 2020

Gari Yala, which means ‘speak the truth’ in Wiradjuri language, is based on a survey 1,033 Aboriginal and/or Torres Strait Islander workers across Australia and reveals some shocking realities about experiences of racism, the lack of cultural safety and identity strain experienced by Indigenous people across Australian workplaces.