Final investigation into APY Art Centre Collective concludes with no action taken

The APY Art Centre Collective (APY ACC) has stated that it is “stronger than ever” after a final investigation into allegations of “white people interfering with Black art” concluded with “no further action.” The APY ACC said they had received notification from the Office of the Registrar of Indigenous Corporations (ORIC) that it had closed its investigation, with the Registrar, Tricia Stroud, having “decided to take no further action.”

This was the last ongoing investigation into the Aboriginal art group, stemming from a video published by The Australian newspaper in April 2023, which appeared to show a non-Indigenous assistant directing prominent artist Yaritji Young during the creation of a painting. Yaritji Young has denied her artwork was interfered with. ORIC confirmed in a statement that it had concluded its investigation, “deciding to take no further action.” A spokesperson said, “ORIC has advised the relevant people, the corporation and the complainant of our decision.”

The spokesperson said it was not appropriate for ORIC to comment on the nature of the matters investigated, and that “no adverse inference” should be drawn from the conclusion of the investigation. APY ACC board chair Sandra Pumani said the outcome was a relief after nearly two years of investigations. “We’re honest, we’re open to everyone, everything,” Ms. Pumani said. She called for other organizations to be subjected to the same level of scrutiny. “I would like to see the government investigate all Aboriginal art industries and see what they can find,” she said.

APY ACC general manager Skye O’Meara said the collective and its leadership felt stronger than ever. “We have been thoroughly scrutinized and we absolutely stood up to it,” she said. “Every single allegation made against us was proven to be false, a lie, so tell me what other organization in Australia could stand up to that. I am incredibly proud of the APY collective team and certainly the art centres on the ground.”

The release and reporting of the video, which accused the art group of allowing a non-Indigenous assistant to paint elements of works relating to Tjukurpa (sacred spiritual beliefs and law), had an immediate impact. Industry figures called the footage “disturbing” and said the sector saw a drop in sales in the weeks after the story was published. In June 2023, the APY ACC was deregistered from the Aboriginal Art Code, the ethics regulator for the Aboriginal art sector. The National Gallery of Australia postponed an exhibition featuring APY ACC paintings while it completed an independent review, which ultimately cleared the works of undue interference, with the gallery stating they met its “provenance standards.”

The following month, the South Australian government appointed a three-person panel to review the allegations, as well as the governance, management, and practices of the APY Art Centre Collective. In December 2023, the panel completed its review and submitted evidence to the national consumer regulator, the ACCC, and the Indigenous corporation regulator, ORIC, a move that was heavily criticized by the art group for prolonging the distress of the centre’s artists. Six months later, the ACCC closed its investigation, ruling out any breaches of Australian consumer law in the evidence provided, but acknowledging that the broader cultural issues surrounding the allegations were beyond its enforcement powers.

Ms. Pumani, a Yankunytjatjara artist and leader, said the allegations and subsequent media coverage had shaken the communities on the APY Lands. “It … hurt a lot of people on the APY Lands, it hurt the art centre, so the community … this corporation, we were really hurt,” she said. “We went through some things that we’ve never been through before, it was really hard for us, and so were the investigations. And, we Anangu people, we’ve never been through investigations like that, so [it] was hard and hurtful.”

Ms. O’Meara said that, looking forward, the art group’s leadership wanted to see its membership with the Aboriginal Art Code reinstated and for a Senate inquiry into the potential exploitation of artists in the Indigenous art industry. “I would ask this government to urgently address these issues,” Ms. O’Meara said. “Art centres are the only avenue for non-government income on the APY Lands. They are the engine rooms of the local economy, they are places of celebration and cultural transmission, they are where the elders teach the young … It is time for governments to consider protecting these vital conduits, these engine rooms for some of the most acclaimed art creation that Australia presents to an international audience.”

South Australian Arts Minister Andrea Michaels said it was the government’s responsibility to investigate when the allegations arose. “It’s critical to ensure that Aboriginal artists are respected and the integrity of their art is upheld, and I’m pleased that this matter has been resolved,” she said. “The Aboriginal art sector will continue to have a bright future in South Australia.” The Aboriginal Art Code has been contacted for comment.