With fees attached, Aboriginal flag won’t fly with AFL

The AFL chose not to use the Aboriginal flag for its annual Dreamtime round in August on advice from players.

Taylor Walker leads the Adelaide Crows through the banner for the 2019 AFL Indigenous round. Picture Sarah Reed

The AFL chose not to use the Aboriginal flag for its annual Dreamtime round in August on advice from players, not because of any dispute over fees charged by the company that passes on royalties to Indigenous designer Harold Thomas.

There was anger over the ­absence of the Aboriginal flag during the 2020 Sir Doug Nichols round. It was assumed the AFL opted not to paint the flag in the centre circle — as it did in 2019 — because the asking fees from the non-Indigenous licence holders were too high.

But Stephen Meade, head of the AFL’s legal and regulatory department, on Monday told a Senate ­inquiry into the use of the Aboriginal flag that the AFL could afford it and the terms were similar to those agreed last year. “We are taking a stand,” he said.

Anyone can fly the Aboriginal flag for free, but organisations that use it for profit or, for example, put it on uniforms, are liable to pay licence holders WAM Clothing or GiftsMate, which then pay royalties to Mr Thomas, who designed the flag in 1971.

The AFL made its decision as a “Free the Flag” movement gained momentum, backed by Spark Health, a company that received cease-and-desist letters from Mr Thomas’ chosen licence holder for selling clothing with the flag on it.

Australia’s first Indigenous Olympic gold medallist, Nova Peris, has joined the campaign. In June, after Sydney Swans star Buddy Franklin struck a deal with Mr Thomas’ licence holder to put the flag on his clothing range, she accused him of kicking Aboriginal people in the guts. Franklin withdrew the clothing from sale.

At the inquiry, Tanya Hosch, AFL general manager of ­inclusion and social policy, said the AFL took “counsel” from ­Indigenous players and its Aboriginal and Torres Strait Islander council not to use the design this year. The commonwealth has begun talks to potentially buy Mr Thomas’ copyright, but Indigenous Australians Minister Ken Wyatt is adamant the government will not compulsorily do so.

Anangu Pitjantjatjara Yankunytjatjara Lands deputy chair Sally Scales told the committee the issue went to the heart of the exploitation that many Indigenous artists were afraid of.

“A lot is being said about Harold’s responsibilities in regard to Indigenous business, industry and Indigenous communities,” Ms Scales said. “Indigenous artists shouldn’t be put in this position. Indigenous artists should be supported to harness the full economic benefit of their artwork.”