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Beyond Guarding Ground

A vision for a National Indigenous Cultural Authority

Is there a place for a National Indigenous Cultural Authority to assist Indigenous people assert their rights to their traditional knowledge, traditional cultural expression and Indigenous Cultural and Intellectual Property?

 

For over 20 years Aboriginal and Torres Strait Islanders have called for new laws to protect their cultural heritage, the songs, stories, dances, cultural knowledge handed down through the generations. There has been no new laws which recognise the collective ownership of cultural knowledge and traditional cultural expression.

 

The main rights Indigenous people want are:

  • the  right of prior informed consent

  • the right to protect against derogatory treatment

  • the right of attribution

  • and the right to share in the benefits of the appropriate 
    use of their cultural material.

 

It is time for Indigenous people to take the lead and set up
their own infrastructure using existing intellectual property
tools, contracts, trade marks and protocols. A national collective organisation that empowers Aboriginal knowledge holders, communities and local and regional networks could set up a strong infrastructure.

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© 2025, Terri Janke and Company

All professional photography by Jamie James at James Photographic Services and Stephen Wilson Barker.​

The painting 'Terri - Butterfly Flowers Dreaming' by Bibi Barba has been used under license in the firm photographs, including for staff profiles.

The painting  'Ancient Tracks and Waterholes' (2019) by Rene Kulitja has been used under license in some firm photographs on the TJC website homepage, staff profiles, careers and services pages. Visit Maruku Arts for more work by Rene Kulitja.

The visual artwork ‘Freshwater Lagoon 1’ by Lisa Michl Ko-manggen has been used under license in some photographs and videos. Visit Cape York Art for more work by Ko-manggen.

The painting ‘My Country’ by Bibi Barba has been used under license in some photographs and Law Way videos. Visit Bibi's website.

Liability limited by a scheme approved under Professional Standards Legislation

​Disclaimer: The information found on our Website and Blog is of a general nature and is not intended to be legal advice on specific matters. Although we attempt to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. Contact us for advice on a specific matter.

CREDITS

Terri Janke and Company acknowledge the Traditional Owners of the lands on which we live and work.
We acknowledge the Bidjigal People, the custodians of the Country where our office is located.

We extend our respect to all Aboriginal and Torres Strait Islander peoples throughout Australia. We recognise their ongoing connection to land, sea and skies. We pay our respects to their knowledge, and to the Elders past and present.

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