Aboriginal flag copyright inquiry leads to political bun fight between McCarthy and Wyatt

THE NT Senator heading up an inquiry into the use of the Aboriginal flag, including who is financially benefiting from the existing copyright, has criticised the Indigenous Minister for discrediting the process before it’s begun

THE NT Senator heading up an inquiry into the use of the Aboriginal flag, including who is financially benefiting from the existing copyright, has criticised the Indigenous Minister for discrediting the process before it’s begun.

Labor Senator Malarndirri McCarthy, who is part of a seven-Senator committee established late on Thursday, said the inquiry was a chance to hear from all parties, their concerns and to “seek a respectful way forward that guides the Australian parliament”.

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Senator Malarndirri McCarthy. Picture: Che Chorley

The establishment of the inquiry comes amid an ongoing controversy around the use of the Aboriginal flag due to copyright issues.

The designer of the flag, Harold Thomas, has three commercial agreements: one with Flagworld for the manufacture and sale of the Aboriginal flag, another with Gifts Mate for the sale of products bearing a reproduction of the flag, and a third deal with WAM Clothing to reproduce the flag on clothing.

WAM Clothing has come under fire for sending cease and desist letters for using the flag on clothing without paying royalties.

In an online essay, Indigenous Affairs Minister Ken Wyatt said the government was aware of the concerns around copyright of the Aboriginal flag and wanted to see a resolution to the matter “in a way that respects the rights of the flag’s creator”.

The government is understood, as one of several options, to be in negotiations to potentially buy the commercial rights to the Aboriginal flag from non-Indigenous licensees and the flag’s Indigenous designer.

Minister for Indigenous Australians Ken Wyatt. Picture: NCA NewsWire / Gary Ramage

“We need to have an honest debate. A Private Members Bill will not resolve this issue, nor will a Parliamentary Inquiry,” Mr Wyatt wrote.

A spokesman for Mr Wyatt confirmed the Minister didn’t want the sensitive process already underway jeopardised and hopes the inquiry is conducted in good faith and contributes positively to the debate.

Senator McCarthy said it was “unfortunate” Mr Wyatt had positioned to “discredit the inquiry before it has even begun” and “clearly doesn’t realise” government senators supported the inquiry unanimously.

“It is unfortunate Minister Wyatt cannot see this and is seeking to discredit the inquiry before it has even begun. He clearly doesn’t realise this is a Government-dominated committee and all Senators, including Government Senators supported this Inquiry unanimously,” she said.

“There is so much confusion about what can and can’t be done about the flag. This committee is an acknowledgement of the Parliament taking the passionate views about the Aboriginal flag seriously. I appreciate the Senate’s faith in the inquiry process.”