Thursday, March 29, 2012

SHAMEFUL TREATMENT OF A REAL TERRITORY TREASURE . By Peter Simon


Showing signs of wear , this is one of a mountain of documents accumulated in the long struggle for justice by Ms. Shirley Collins who ran Darwin’s internationally regarded Raintree Aboriginal Art Gallery and was ruined by her involvement in the Bank of America Down Under Tour in the lead up to the Sydney Olympic Games .

On the recommendation of the Australia Council , the Australian Tourist Commission invited Ms Collins to participate in and represent Australia’s indigenous art and craft in an extensive tour of America in a replica of the Sydney Opera House . Indigenous art and craft from Northern Territory communities would be exhibited and sold throughout .

Ms Collins, principal of the Jarraman Arts Aboriginal Corporation sought a financial grant to mount the large venture ( eventually a $160,00 loan ) from the Aboriginal and Torres Strait Islander Commissioner (ATSIC). ATSIC ‘s business agents, Deloitte Touch Tohmatsu , commissioned Auslink international marketing consultants , to prepare the project plan.

It painted a highly profitable venture for Jarraman in what was seen as one of Australia’s largest ever overseas promotions . Expected outcomes and spinoffs were :


*Jarraman would be established as the industry leader in marketing Australian indigenous art and crafts in North America.

*Greater understanding of Australian indigenous culture.


*Increased sales by NT Aboriginal communities.

*Launch of the Yothu Yindi brand Yidaki in North America.


*Increased awareness of the Northern Territory as an attractive place to visit.

*Introduction of two tertiary scholarships for young Aboriginal artists .


With all these expert projections, Ms. Collins threw herself into the massive task of arranging Aboriginal art and craft from all over the Territory in container loads to be delivered to America.


When she and her team arrived in America they were confronted by an impossible situation: the Bank of America had changed the conditions of its sponsorship so that all monies would go to the US Olympic Council. Nobody had bothered to notify Collins or realised the ramifications for her venture .

Frantic calls to the Australian Tourist Commission office in Los Angeles went unanswered. Bank staff were hostile and uncooperative . After three weeks, during which she hoped the distressing situation would change , in total despair, she was forced to pull out and return to Darwin.


Little Darwin has explained in great detail in past posts what transpired . Briefly, ATSIC seized her stock , she was forced to sell her house, other assets were seized , and she was engaged in fruitless , expensive legal action . A freedom of information document revealed that one party in a case was prepared to pay up to $100,000 in compensation. Not one cent was paid to her . Under duress , backed into a corner with several highly paid QCs representing government instrumentalities , Collins signed what amounted to a settlement which brought the legal struggle to an end.



One vital document which concisely explains the involved case , sighted by Little Darwin and passed onto members of the media , is a letter from John Morse , managing director of the Australian Tourist Commission in 2000, who, with the Bank of America , officially launched the promotion in New York. Describing it as an incredibly hectic period, he said he was advised by staff that a problem had arisen with the Aboriginal art exhibition . It should have been handled by ATC staff in the Los Angeles office.


Later, engaged by the federal government to review tourism in Kakadu National Park, Morse met Collins in the Raintree Gallery in Darwin. She had shared with him the "full story" with documentation. This had led him to the conclusion ..."that Shirley had been used as a scapegoat for the mistakes and misinformation of others ."


"I decided then to undertake my own informal investigation to seek out the truth , and my views were duly confirmed.


"There were many factors involved including an unrealistic commercial assessment by consultants , a naivety on behalf of the ATC office in the USA as to the commercial opportunity, change of policy by the Bank of America, and subsequently a hard line unsympathetic approach by ATSIC [ later sacked by the federal government ].


"Having seen Shirley’s gallery in operation , and recognising the importance of the fact that it was one of only two Aboriginal owned galleries operating successfully in the country , I felt strongly that a different approach was necessary , rather than confiscation of the unsold art, and recovery of all investment monies.

"I took it upon myself to visit Canberra and speak with the deputy CEO of ATSIC. He indicated that they were reviewing the situation , but was obviously non-commital.


"The meeting did not achieve anything positive. I subsequently visited Shirley on numerous occasions when I was in Darwin , and saw her go from a vibrant , successful Aboriginal businesswoman , running an Aboriginal art gallery to someone who lost everything , including her business, her health, her home and dignity. This can be summed up in two words-grossly unjust ."Morse went to say his comments came from a perspective of decency , fairness and moral justice .

On several occasions Little Darwin posted the long history of the case and urged an unresponsive media, both locally and nationally, to look at her case . If a respected person like Morse, who investigated here case , described her plight as grossly unjust, surely members of the Fourth Estate should have been interested.

Several top rating radio and TV personalities did not bother to acknowledge receipt of info . Somehow, the Darwin ABC and the NT News both reported that she was SUEING the Federal government when in fact she was pursuing her application under the Act of Grace legislation. This had been knocked back by a public servant in Canberra who failed to advise Ms Collins and her claim adviser that he (public servant ) was both case manager and decision maker . The decision maker is required at law to be independent of the case manager and any other public servant involved in the case review.


An application was made in the Federal Court to have that decision overturned on the ground that due process had not been followed . Court costs of about $2300 were awarded against her, a pensioner . There is no indication when that decision by Magistrate Toni Lucev will be delivered .


Ms . Collins recently had cause to personally ask Chief Minister Paul Henderson for help, without much satisfaction. This writer also spoke on several occasions to an NT government strategist about Collins. The government spokesman wrongly stated that it was a " commercial matter." Not so . Her last desperate bid, as explained above, is to the Federal government . Then the strategist said it was a Federal matter, not one for the Territory. Apparently the idea of making a personal submission to the Feds on behalf of a Territorian who contributed an enormous amount to the development of Aboriginal art and global appreciation thereof had not occurred to anyone in the Territory corridors of power.


Using the same odd NT government reasoning , it could be said that the closure of the Indonesian cattle export market for a short time was a commercial matter and one for the federal government to sort out . Yet Territory ministers went bellowing to Canberra.


Recently Ms Collins lamented that she had done nothing wrong, followed the advice and predictions of paid experts , entered into commitments in good faith , and had been let down by various people in high places, ending up crushed financially and in ill health .


FOOTNOTE: A three-day conference has just ended in Darwin where opportunities to promote indigenous art and business ventures to cash in on the Territory’s growing involvement with Asia and beyond were discussed. Nobody in government or anyone connected with organising the conference thought that Shirley Collins , with her vast experience and knowledge of mounting overseas exhibitions staging Aboriginal art and fashion shows throughout Australia, dealing with VIPs such as Lord McAlpine and Lady Susan Renouf, museums and private collectors should be invited to provide invaluable information .