Aboriginal health organisations have told a senate inquiry that not being able to use the Aboriginal flag symbol in their health materials has affected the wellbeing of communities, and caused great anger and distress.
The chief executive of the Victorian Aboriginal Health Service (VAHS), Michael Graham, said the ongoing furore over the flag was “dividing the community”, with some saying the flag has lost its meaning and should be replaced, while others want to keep it.
VAHS decided to stop using the Aboriginal flag design rather than pay a fee to the non-Indigenous-owned company that holds the exclusive licence to reproduce the flag image on clothing, physical and digital media.
WAM Clothing was granted the exclusive licence by its designer and copyright holder, the Luritja artist Harold Thomas, in November 2018 and has issued infringement notices to the AFL and NRL, as well as non-profit Aboriginal organisations, for their past use of the design.
VAHS used to produce T-shirts with Aboriginal designs, which they sold for $5 each, to encourage as many people as possible to come in for a health checkup. The T-shirts were not produced to make a profit, Graham said, but to show others in the community that it was important to take care of their health. Any proceeds would go back into health services or to cover the costs of the shirts.
“Like all our not-for-profit organisations, it’s not about making money, it’s about looking after our people,” he said.
Graham told the inquiry that VAHS’s health promotions manager contacted Harold Thomas in 2019 to seek permission to use the symbol.
Graham read the contents of an email he said was from Thomas: “Aboriginal medical and legal services have always used and promoted the Aboriginal flag from the very beginning, and we are grateful. Because of recent events some people have been reckless to say the least. I suggest contacting WAM and say that we have spoken. The issue will be amicable. I support you 100 percent. Your friend, brother and member of a beautiful great race.”
Graham said that when contacted, WAM asked for a copy of the email and, in a subsequent phone conversation, said they had “looked into VAHS financial records online and said financially we were viable to pay a fee, and also they could offer a discount, but we would still have to pay. I refused.”
Thomas’ rights as the designer and artist should be fully respected in any negotiations the federal government undertook to potentially “buy” the flag licensing and copyright, Graham said.
“But I would hate to think that the government would pay millions of dollars over this. We are an Aboriginal medical service, we are struggling as it is, and to see huge amounts of money going to the flag when we need that on the ground, it would be a shame to see that happen.
“The bottom line is, nobody’s doubting Harold Thomas has copyright. We just want to use it, we want to keep our people united. We’re not trying to make money off it, we are using it to create healthier spaces for our people.”
Using the flag symbol on health messaging – such as flyers, websites and educational materials – was an important way to let Aboriginal people know a service is welcoming and culturally safe, Diabetes Victoria’s access and equity manager, Kristie Cocotis, told the inquiry.
She said that until mid-2019, Diabetes Victoria had been using the image for 11 years, to “signal we are a culturally safe service”.
In mid-2019 Diabetes Victoria wrote to WAM Clothing to see if it could be exempt as a non-profit health organisation, but was asked to pay a fee.
“We felt confused and disappointed,” Cocotis said.
While Diabetes Victoria’s work would not be affected by the loss of the symbol, she said, there were concerns about the reduced visibility of the Aboriginal flag as a “small but important way to identify resources and programs for Aboriginal people in Victoria”.
The owner of Dreamtime Kullilla Art, Muruwari-Kullilla businessman Michael Connolly, told the inquiry yesterday of the damage he felt was being done to the Aboriginal community’s sense of identity and unity.
“The flag is slowly dying,” he said. “I’ve had people that have come to my business, come to my shop, in my emails – they are sick and tired of non-Indigenous people running our country, running our businesses and running our flag.”
The committee is considering the current and former copyright and licensing arrangements, who benefits from payments for its use, and the effect of those arrangements on Aboriginal organisations and communities, and is due to report in mid-October.
