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Notice given 5 March 2003

387  Senator Brown: To move—That the Senate calls on the Commonwealth Government:

(a) to demonstrate leadership in cooperation with the states in addressing the unmet need for disability services, recognising that the Australian Institute of Health and Welfare report, Unmet Need for Disability Services: Effectiveness of Funding and Remaining Shortfalls , July 2002, identified that 12 500 people still need accommodation and respite services, 8 200 places are needed for community access services and 5 400 people need employment services;

(b) to publicly release the offers made by the states and the Commonwealth for the next 5 years in the negotiations to date, recognising the failure of the Commonwealth and state governments to reach agreement in the current round of negotiations on a new Commonwealth state and territories Disability Services Agreement;

(c) to immediately double its offer of new funding; and

(d) in consultation with the states, to develop and implement a comprehensive plan beyond the current negotiations to address the unmet need for services over the next 5 years.

388  Senator Ridgeway: To move—That the Senate—

(a) notes the outcome of recent action against the International Olympic Committee for using the work of Indigenous artists during the Sydney Olympics without permission and, in particular, that the Olympic Museum Foundation has:

(i) issued an apology to Sam Tjampitjin, Richard Tax Tjupurulla and Mary Kemarre, acknowledging that they are the authors and copyright owners of works displayed on the Museum website from July to 12 December 2000 without proper licence,

(ii) asked any persons who downloaded the artistic works in any digital form to delete it immediately from their computer hard drives, and

(iii) sincerely apologised for any harm or inconvenience their actions may have caused to the artists, regretting any cultural or other harm that may have been occasioned by their families and clans;

(b) further notes that:

(i) Indigenous cultural expression is a fundamental part of Indigenous heritage and identity, and unauthorised use of Indigenous art and cultural expression can be inappropriate, derogatory, and culturally offensive,

(ii) individual Indigenous artists are custodians of the knowledge and wisdom their work incorporates and reflects and Indigenous moral rights are therefore collective rights that are inalienable from their community of origin, and

(iii) Indigenous artists are particularly vulnerable under Australian law, which offers no protection for the moral rights owned collectively by Indigenous communities; and

(c) urges the Government to take immediate action to amend the Copyright Act 1968 to ensure the adequate recognition and protection of Indigenous collective moral rights.