In short:
The ACCC has ruled out the APY Arts Centre Collective breached Australian consumer law.
ACCC acknowledged broader complex cultural issues around the roles and contributions to Anangu artwork fell outside its enforcement powers.
What’s next?
The collective welcomed the ACCC’s findings, saying “white hands on black art” was a false story.
The Australian Competition and Consumer Commission (ACCC) has discontinued its investigation into “white hands on black art” allegations at the APY Arts Centre Collective (APY ACC), saying it found nothing to suggest consumer law has been breached.
The investigation follows reports in The Australian newspaper in April accusing the APY Art Centre Collective (APY ACC) of allowing non-Aboriginal assistants to paint elements of works about the Tjukurpa, sacred spiritual beliefs and laws.
A video published as part of the story appeared to show a non-Aboriginal assistant directing the painting of a work by celebrated artist Yaritji Young, who later denied her art had been interfered with.
A panel commissioned by the South Australian government to investigate the claims referred the allegations to the ACCC and the Office for the Registrar of Indigenous Corporations (ORIC) — ORIC’s investigation is still ongoing.
“We have reviewed the material provided by the South Australian government panel, and others, and found nothing that we consider may have breached the Australian Consumer Law,” ACCC deputy chair Catriona Lowe said.
While the national consumer law watchdog ruled out a breach of consumer law, it also acknowledged broader cultural issues surrounding the allegations fell outside of its enforcement powers.
“The ACCC acknowledges that the media coverage prompted important discussion on complex cultural and social issues around the different roles and contributions in the creation of Anangu artwork and management of community art studios,” the deputy chair said.
Ms Lowe said the ACCC supported proposed federal legislation to protect Indigenous cultural and intellectual property that was announced in January 2023.
“The proposed new legislation … may provide a more suitable approach to govern the issues around the production and management of First Nations art,” Ms Lowe said.
APY ACC chair Sandra Pumani said the collective welcomed the findings of the ACCC.
“‘White Hands on Black Art’ is a false story and now we are vindicated,” Ms Pumani said in a statement.
“The findings prove what we have always known, that there is no doubt that the integrity and honesty of our artists and their work is of the highest professional standard.
“APY artists are thrilled we can now continue to create world-leading artwork without the unfair and incorrect allegations made against us.”
An ORIC spokesperson told the ABC on Friday it had determined that a number of the allegations were not within ORIC’s legislative authority or insufficient evidence was available to support them.
“However, ORIC has decided to investigate a matter alleged in the referral,” the spokesperson said.
“It is not appropriate for ORIC to comment further on the allegations, the investigation, nor speculate on outcomes.”
ORIC said it was not able to comment on the status or timing of its investigation.