Peta Murphy (Dunkley, Australian Labor Party) Share this | Hansard source

I rise today predominantly to speak on the amendment moved by the member for Barton. Firstly, though, I'd like to adopt the comments by my Labor colleagues on the substance of the Aboriginal Land Rights (Northern Territory) Amendment (Jabiru) Bill 2020 and note that Labor is supporting the bill. I'm rising to speak on the amendment moved by my colleague because the subject of the ownership of the copyright of the Aboriginal flag is something that should be a concern to all of us, whether we're First Nations people or not.

A number of my colleagues have already spoken about a Victorian Aboriginal owned and led social enterprise called Clothing The Gap. I had hoped to give this speech wearing my Clothing The Gap hoodie, which across its front says 'Fearlessly PROGRESSIVE', but of course, in the way Murphy's law works, today is the only day I didn't wear it when I walked into parliament. Clothing The Gap is a fashion label which is managed by healthcare professionals, and they celebrate Aboriginal people and Aboriginal culture. It is, as I said, an Aboriginal owned and led social enterprise. What Clothing The Gap say on their website is that they 'encourage people to wear their values on their tee'—on their T-shirts, which might explain my 'Fearlessly PROGRESSIVE' hoodie. Clothing The Gap is a self-determining vehicle, working to add years to Aboriginal people's lives. They ask people to buy their sustainable clothing to help 'clothe the gap'. My friend and colleague the member for Cooper has spoken about Clothing The Gap before. It's based in Melbourne, in Preston in her electorate, and last year she tabled a petition that they had started, which continues, about freeing the copyright of the Aboriginal flag. I thought it was important to put more context around what Clothing the Gap are, because they say on their website that they invite and encourage non-Indigenous people to be part of their vision by purchasing clothing and supporting their virtual events. Their website says:

When non-indigenous people purchase Aboriginal designed fashion from an Aboriginal owned business, Aboriginal people feel heard and supported.

Personally, I'm proud to have bought merchandise, including most recently a mask, to be worn in Frankston when I'm outside, in order to ensure that Aboriginal people across my community, across Victoria and across Australia feel heard and supported. That's also why, of course, we want a voice to parliament and to fully implement the Uluru Statement from the Heart. But, until those things happen, for many of us what we can do is stand up in this place and say, 'You are heard; you are supported', and we can buy the clothing.

In June 2019, Clothing the Gap was served a cease and desist notice from WAM Clothing for celebrating their flag—the Aboriginal Flag. They were given three whole working days—three—to sell all of their flag stock or face legal action. Clothing the Gap asked this question: should WAM Clothing, a non-Indigenous business, hold the monopoly in a market to profit off Aboriginal people's identity and love for their flag? Well, 140,000 signatures to their online petition to Free The Flag suggests that there is a significant portion of the Australian public whose answer to that question is no.

We don't allow the copyright of the other two official flags of Australia, the Australian flag and the Torres Strait Islanders flag, to be owned, in the case of the Australian flag, by anyone other than the Commonwealth, or, in the case of the Torres Strait Islanders' flag, by anyone other than the Torres Strait Island Regional Council. Copyright is a complicated business. Of course, Harold Thomas deserves the recognition and what comes from it as the creator of the Aboriginal flag. I can't, as a non-Indigenous person standing in this place, explain the depth of the connection that Aboriginal and First Nations people have with the flag. It's not for me to use the words to try to describe it, but all I can do is listen to what the member for Barton and others have said about how deeply that flag reflects and portrays their love of country and identity and be part of a proud Labor Party and a movement across the country to say, 'We see you and we hear you and we're here to support you.'

My contribution today is to say, 'Clothing the Gap, I'm supporting you as an organisation in the great state of Victoria for Aboriginal people.' I am supporting you and your right to continue to have your flag painted on your walls at Nairm Marr Djambana, our gathering place at Jubilee Park in Frankston, displayed by the people who meet the there, and Indigenous people across this country. My contribution is to say, I am with you on the campaign to Free The Flag and to be able to celebrate your identity.

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