NGA has made ‘no explicit commitment’ to APY art show

The National Gallery of Australia appears to be stepping back from an earlier pledge to host Ngura Pulka, an exhibition of paintings from the controversial APY Art Centre Collective.

Nick Mitzevich, Sally Scales, SA Arts Minister Andrea Michaels, and Wynne Prize winner Zaacariah Fielding at the APYACC's Adelaide studio.

The ­National Gallery of Australia ­appears to be stepping back from an earlier pledge to host an exhibition of paintings from the APY Art Centre Collective, with NGA director Nick Mitzevich saying it had made “no explicit commitment” to proceed with the show.

South Australian Arts Minister Andrea Michaels renewed her call for the manager of the APYACC, Skye O’Meara, to step aside while an investigation delves into the alleged unethical practices in the organisation.

“I believe it would be appropriate for Ms O’Meara to step aside for the duration of the review,” Ms Michaels said, confirming the ­review, headed by South Australia and backed by the Northern Territory and federal governments, had begun.

Ms Michaels said there was little she could do to forcibly remove Ms O’Meara, as the APYACC was a non-government body.

The minister has made her feelings known about the board’s reluctance to intervene, withholding $280,000 worth of annual grants to the APYACC.

APY Art Centre Collective manager Skye O'Meara has refused to step aside while an investigation delves into the alleged unethical practices in the organisation.

When the investigation was announced the board issued a statement claiming: “The APYACC will fully co-operate with any investigation”. This co-operation does not extend to a request from the minister overseeing the investigation for the manager to stand down.

Ms O’Meara and the APYACC have vehemently denied any wrongdoing.

Geoffrey Watson SC, from the Centre of Public Integrity, said any investigation would be ­severely hindered “and forever under a cloud’ if Ms O’Meara ­remained at the helm.

Dr Mitzevich last week responded to stinging comments from the ­director of the Museum and Art Gallery of Northern Territory (MAGNT), Adam Worrall, who said his gallery would not work with the APYACC following its expulsion from the industry’s ­ethical watchdog, the Indigenous Art Code (IartC).

“MAGNT won’t accept working with any (arts body) where there’s been evidence of coercion, intimidation or the unethical treatment of anybody, especially not artists,” Mr Worrall said.

It was the first time that an arts organisation has been expelled from IartC since it was established in 2010 to police the Indigenous arts sector.

Dr Mitzevich responded and said: “The National Gallery does not tolerate intimidation, coercion, or unethical treatment of artists.”

Earlier this month, after an NGA review cleared the provenance of the 28 paintings bound for the gallery’s Ngura Pulka ­exhibition, Dr Mitzevich said: “The National Gallery will work closely with the (APYACC) artists and make programming decisions in due course.”

He now says: “There has been no explicit commitment to host the exhibition.”

Dr Mitzevich told The Australian earlier this month that he had not contacted IartC to get a briefing to ask why it had expelled APYACC for alleged unethical practices.

“Good question,” he said when asked if he had approached IartC for a briefing. “I’ll have to take that question on notice.”

IartC has not published its findings, it says, due to “the litigious environment in which we operate, and in order to protect the privacy of artists who bring complaints and concerns to IartC”.

Dr Mitzevich said: “The ­National Gallery of Australia, through the review panel, asked the Indigenous Art Code to clarify the expulsion of the APY Arts Centre Collective. To determine our own position, we think it is ­important and fair to understand their reasonings.”

A still taken from video where a non-indigenous employee is seen contributing to a painting by Indigenous artist Yaritji Young.

IartC confirmed it was contacted by the NGA’s review panel. However the reasons for the APYACC’s expulsion from IartC were not discussed as they were outside the panel’s narrow terms of reference.

“The terms of reference for the NGA’s review were limited to the provenance of the 28 paintings in the Ngura Pulka – Epic Country exhibition,” a spokeswoman for IartC said. “The matters raised by IartC in its discussions with the ­review panel were outside the ­review’s terms of reference.”

The APYACC has received strong support from the arts ­establishment, none of whom have followed the lead of industry figures, and the arts ministers of South Australian and Northern Territory, who have called on Ms O’Meara to step aside while the investigation is conducted.

While there appears to be some cracks appearing in the support for the APYACC, the art galleries of South Australia, NSW and the NGA appear to all agree when asked if they would work with the APYACC after its expulsion from IartC.

The three institutions ­issued almost identical responses.

“The Art Gallery of South Australia awaits the findings of the South Australian and Federal governments’ review that is now underway,” an AGSA spokesperson said.

“The Art Gallery of New South Wales awaits the findings of the review currently being undertaken by the South Australian, Northern Territory and Federal governments,” an AGNSW spokesperson said.

“Like other stakeholders, we continue to monitor the South Australian Government’s review into the Collective.” Dr Mitzevich said.

Arts Minister Tony Burke with APYACC board member Sally Scales. Picture: Supplied

The Australian understands federal Arts Minister Tony Burke has asked Dr Mitzevich to brief Ms Michaels and the panel about the NGA’s investigation.

“The panel has received the NGA’s written report and meetings are being arranged in due course,” Ms Michaels said.

The minister’s inquiry has been criticised by the peak Indigenous arts bodies of South Australia, Western Australia, and Northern Territory for not having an expert on Indigenous art or someone with knowledge of the remote Indigenous arts centres on its panel.

“The terms of reference for this inquiry include consideration of the substance of the allegations made publicly,” Ms Michaels said. “I am confident in the panel’s capabilities and their ability to seek advice from Indigenous art experts if required to fulfil the terms of reference.

“I understand the panel intends to engage with Indigenous Art Code to understand the evidence they considered and factors relevant to their decision making, and any further information that may assist with the review.”

She said the Art Gallery of South Australia made its “own ­curatorial decisions” regarding working with the APYACC following its expulsion from IartC.

“I understand they are awaiting the outcome of our review ­before making any decisions,” she said.