Purpose

This document sets out the principles that Vicus Pty Ltd (Vicus) will apply in our dealings with Aboriginal and Torres Strait Islander people when undertaking luminescence dating research. In doing this work, we know how important it is to recognise, acknowledge and respect Indigenous Cultural and Intellectual Property (ICIP). We are privileged to be given access to and use of ICIP when undertaking luminescence dating research, and we want to ensure that is handled properly.

In summary, Vicus will undertake luminescence research projects in accordance with four principles –

1.     Recognition & respect

2.     Self determination

3.     Protocol

4.     Equity

Set out in greater detail below are policy statements for each principle and the actions we will take to implement our policy commitments.

Key Concepts

For the purposes of this Statement, ICIP means the cultural heritage of Aboriginal and Torres Strait Islander people which comprises all objects, sites and knowledge, the nature and use of which has been transmitted or continues to be transmitted from generation to generation, and which is connected to a particular Indigenous group or its territory.

We see ICIP as a living concept that can adapt and includes objects, knowledge, literary and artistic works which may be created in the future and includes:

• literary, performing and artistic works (including songs, music, dances, stories, ceremonies, symbols, languages and designs)

• scientific, agricultural, technical and ecological knowledge (including cultigens, medicines and phenotypes of flora and fauna)

• all items of movable and immovable cultural property (including sacred and historically significant sites and burial grounds) and ancestral remains; and

• documentation of Indigenous Peoples heritage in archives, film, photographs, videotape, or audiotape and in all forms of media.

ICIP Rights

Vicus acknowledges the gap between intellectual property rights recognised by Australian law and the ICIP rights and interests asserted by Aboriginal and Torres Strait Islander people. Bridging this gap requires legislative change to adequately reflect (or give effect to) those rights and self-determination objectives.

Despite this, we recognise the ICIP rights of Aboriginal and Torres Strait Islander people include rights to:

• own, control and maintain their ICIP

• ensure that any means of protecting ICIP is based on the principle of self-determination

• be recognised as the primary guardians and interpreters of their cultures

• authorise or refuse the use of ICIP according to their own law

• in the case of secret Indigenous knowledge and other cultural practices, maintain that secrecy

• guard the cultural integrity of their ICIP

• be given full and proper attribution for sharing their cultural heritage

• control the recording of cultural customs, expressions and language that may be intrinsic to cultural identity, knowledge, skill and teaching of culture, and

• publish their research results.

   

Principle 1 - Recognition and respect

Policy statements

Vicus recognises that:-

• Aboriginal and Torres Strait Islander people are the custodians of their ICIP.

• Aboriginal and Torres Strait Islander Peoples rights and interests in relation to their ICIP can be individual or collective.

• Aboriginal and Torres Strait Islander people have the right to maintain, control, protect, develop and benefit from their ICIP.

We also recognise:

• the diversity of Aboriginal and Torres Strait Islander people within Australia, as well as their diverse experiences, views, and forms of ICIP – both tangible (e.g. sites and objects) and intangible (e.g. knowledge, traditional dance, and languages) – that exist between different communities, groups, and individuals but also within those communities and groups,

• Aboriginal and Torres Strait Islander people have developed their own protocols, practices and/or codes of ethics governing access and use of ICIP, and

• identifying knowledge holders, authorised representatives or bodies must be determined through consultation with community members associated or involved with the ICIP.

Implementation

In our dealings with Aboriginal and Torres Strait Islander people Vicus will respect their ICIP rights alongside other rights such as contractual, statutory intellectual property and cultural heritage rights.

Through respectful consultation with community members associated or involved with the ICIP, Vicus will identify the proper people to talk to about access, use and dissemination of ICIP.

Vicus will not take a one size fits all approach to engaging with Aboriginal and Torres Strait Islander people over luminescence research projects and will take all reasonable steps to observe community protocols and practices governing access, use and dissemination of ICIP (see Principle 3). 

Principle 2 - Self Determination

Policy statements

Vicus recognises Aboriginal and Torres Strait Islander People’s right to self-determination in relation to their ICIP, including:

• the right to freely pursue their economic, social, and cultural development and decision making,

• the right to be recognised as the primary custodians and interpreters of their cultures, so that the provenance and integrity of their cultural heritage and its practice is maintained, and

• the right to be engaged in research that affects or is of particular significance to them and to have the outcomes of research reported to them.

Vicus acknowledges that ICIP may have sensitivity, confidentiality and privacy requirements or protocols, especially where ICIP is considered secret or sacred and/or not for general viewing, and that Vicus will take all reasonable steps as part of its research and engagements with Aboriginal and Torres Strait Islander people to identify and respect such requirements and protocols. 

Implementation

Respectful engagement and consent

Vicus will ensure Aboriginal and Torres Strait Islander people are engaged in our projects, activities and decisions that involves or impacts their ICIP in a culturally appropriate way.

We will ensure that free, prior, informed consent is given for the use of Aboriginal and Torres Strait Islander people’s ICIP.

Integrity

Vicus will ensure its use and representation of ICIP is:

• respectful, accurate, authentic in acknowledging provenance

• properly attributed according to Indigenous protocols specific to the engagement

• based on the principles of free, prior and informed consent

• sensitive to context, and

• not interfere with customary use.

Confidentiality, privacy and cultural safety

Vicus will respect the individual’s right to privacy or confidentiality in relation to their personal lived experience.

Vicus will support cultural safety practice being embedded in project governance when working with Aboriginal and Torres Strait Islander people and their ICIP.

Principle 3 – Protocol

Policy statements

Vicus acknowledges that ICIP and ICIP rights are ongoing, evolving and do not expire.

We understand that digital representations and sharing of ICIP requires extra care to prevent the potential for misuse, harm or unintended distribution, including ensuring continued provenance and attribution, as well as accounting for different interpretations or understandings in a digital context

Vicus acknowledges there are various mechanisms that may be used to look after ICIP and to actively promote the use of such mechanisms in our engagements with Aboriginal and Torres Strait Islander partners and collaborators, including:

• Laws – using IP laws such as copyright, patents, and moral rights, as well as heritage, land and biodiscovery laws at both the Commonwealth and State/Territory level.

• Contracts – formalising protocols for consent, ICIP protection and management in a contract or form, and agreeing ICIP arrangements such as legal title, governance, and rights/licences.

• Protocols – using non-legal practices, tools and procedures to protect ICIP, including ethical practice, co-design or responsible innovation.

Implementation

Vicus will work with Aboriginal and Torres Strait Islander people to ensure that ICIP is accessed, recorded, used, and archived, in accordance with cultural protocols

We will manage the storage, record keeping, archiving, publication, and data management of ICIP related records, in line with the ICIP holders’ wishes and consent

Individual luminescence research projects will include appropriate ICIP and related intellectual property (management in their design, contracting, execution, and delivery.

Principle 4: Equity

Policy statements

Aboriginal and Torres Strait Islander people have the right to be properly acknowledged and attributed as the custodians of their ICIP and for the use or sharing of their ICIP.

Vicus must acknowledge and attribute the relevant Aboriginal and Torres Strait Islander custodians or source communities of ICIP, including:

• consulting on the appropriate form of attribution or acknowledgment (e.g. notice, credit, authorship),

• ensuring the appropriate prominence of acknowledgement or attribution, and

• embedding, recording, or linking the attribution or provenance with the relevant ICIP or ICIP record.

We acknowledge that Aboriginal and Torres Strait Islander people have the right to receive benefits arising from our use of their ICIP in luminescence research projects.

Implementation

Vicus will ensure that the custodian and/or communities will be properly attributed and benefits from the use of ICIP will be shared in a fair and equitable way by:

• engaging with Aboriginal and Torres Strait Islander people to mutually agree on monetary and/or non-monetary benefits or returns, and

• entering into appropriate agreements.

Accountability

Throughout and at the end of each project where direct engagement is undertaken by Vicus, we will seek feedback from clients, custodians and communities on our performance against these principles.

Our luminescence laboratory has been developed in consultation with the Yuggera Ugarapul People (YUP). The YUP will enjoy benefits from the operations of the laboratory including:

(a)   Payment for welcome to country services for all artefact samples.

(b)   Payment for the production of culturally appropriate vessels for the transportation of samples back to their County.

(c)    Employment and training opportunities.

(d)   Access to an agreed number of free dating services.

(e)   Other benefits as agreed between the parties.

Review and evaluation

Vicus will seek feedback and advice from the Consultation Committee, and custodians and communities we are working with, to continually refine and improve the principles so that they reflect reasonable expectations and emerging measures for the management and protection of ICIP.