Common causes of Culture-related disputes
When we talk about Culture-related disputes, we are not implying that it is Culture that causes the conflict or is somehow problematic. This is not the case.
Rather, we recognise that there are unique factors relating to respect for First Nations rights that can create particular types of challenges where they are not respected.
In order to resolve a potential dispute or conflict, it is important to recognise the causes of it.
Misuse of ICIP or cultural information
First Nations peoples have the right to control and decide how their Indigenous Cultural and Intellectual Property (ICIP) is applied. Learn more about respectful use and sharing of ICIP.
Sometimes, people may disagree over how ICIP is used, and whether consent was given for a particular use or not.
For example, consider a situation where a First Nations employee shares a personal story during a team brainstorm about the design of a new campaign. Later, the creative team uses elements of the story in client materials without checking back. This leads to a disagreement about whether the cultural story was shared for general use or if its application needed further permission.
Unfair cultural load
Cultural load is the frequently unacknowledged additional workload carried by First Nations people that relates to their identity as a First Nations person.
Conflict may arise when First Nations employees are expected to represent all First Nations perspectives or take on unpaid cultural roles.
Frustrations can be aggravated when First Nations employees provide cultural input but such work is treated as informal or secondary rather than as skilled expertise.
On the other hand, challenges may also happen if someone’s cultural responsibilities outside of work, such as community obligations, are not respected by an employer or client.
Learn more about culturally safe workplaces.
Not respecting cultural protocols
Respect for First Nations rights means having respect for the different rules and ways of working with peoples and Cultures.
For example, it may not be appropriate to schedule events or project deadlines during Sorry Business, or during a significant date for First Nations peoples such as NAIDOC Week.
It is also important to consider culturally safe approaches to working together, such as approaching with respect, allowing plenty of time for decision making, and being flexible in process and approach to incorporate respect for cultural protocols.
Learn more about Sorry Business and significant dates for First Nations peoples.
Unclear ownership and permissions
Contracts between organisations and creatives or subcontractors may contain clauses about Indigenous Cultural and Intellectual Property (ICIP) and ownership of intellectual property. If not clearly worded, the contracting parties may disagree on what the meaning of the contract is, and how it should be applied.
Learn more about practical ways to protect ICIP.
Discrimination
A significant cause of conflict is discrimination. It can take many forms, from subtle everyday behaviours to overt acts of racism. Unconscious bias may have a role in how decisions are made or whose opinions are valued. Racism can occur when policies or systems disadvantage First Nations people and communities, even when not intentional.
These behaviours can create unsafe environments, damage relationships, and lead to formal disputes if not addressed.
Learn more about workplace discrimination.
What does it mean to be ‘culturally informed’?
Disputes are naturally tense. When people disagree, or are feeling hurt or frustrated, an abrasive or misguided approach can easily make things worse.
The same is true for disputes or conflicts involving First Nations Cultures, people or communities. Culturally informed approaches help prevent further harm, build trust, and lead to more respectful and lasting outcomes.
Taking a culturally informed approach to dispute resolution is similar to creating a culturally safe environment.
Culturally informed methods of dispute resolution
In most cases, a good starting point to resolving a dispute is to talk about it. The Fair Work Ombudsman also has some helpful steps for raising problems in the workplace.
There are many ways to try and resolve problems or disagreements in a culturally informed manner. The approach you choose needs to be right for the circumstances — it may depend on who is involved in the dispute, what the dispute is about, any applicable cultural protocols or practices, and what everyone feels comfortable with.
Here are some of the more commonly used options:
- Allow for support person/s to be present — allow and encourage the person raising concerns to have a trusted support person present during meetings or discussions.
- Yarning circles — yarning circles create a respectful, informal space for all voices to be heard equally. Ensure that participants all engage in deep listening and respectful exchange of views.
- Create a welcoming space for discussions — physical environments can make a big difference to people’s comfort. Seek to create comfortable spaces that are welcoming for First Nations people. See more tips for how to do this in the next section.
- If possible, provide a First Nations contact person to receive complaints — for larger organisations with more staff, it may be possible to offer the option for individuals needing to raise an issue, to have a First Nations point of contact. This needs to be balanced with ensuring that First Nations staff members don’t experience cultural load.
- Facilitated conversations — engage an independent, culturally competent facilitator to guide discussions, ensure fairness, and support cultural safety for all participants.
- Mediation with cultural advisors or Elders — particularly for disputes involving ICIP which may relate to a group or collective, working with Elders brings cultural authority and community knowledge into the process.
Participating in any alternative process:
- for everyone — should be voluntary
- for employees and employers — does not replace or remove a First Nations employee’s or employer’s rights or obligations under employment law. Learn more about employment disputes.
Tips for creating a culturally safe environment for dispute resolution
- Allow enough time for the process to unfold without pressure. This may mean allowing thinking time before seeking answers to questions, having frequent breaks, etc.
- Aim to hold meetings in spaces that feel neutral and welcoming for First Nations participants. This could mean any number of things:
- Having First Nations artworks, artefacts or an Aboriginal and/or Torres Strait Islander flag (as relevant) on display in the room
- Holding discussions outdoors, or in rooms with plenty of windows
- Sitting at a round or oval table or on the floor
- Ensure cultural perspectives are central, not treated as add-ons to standard processes.
- Communicate clearly and respectfully. Explain the purpose, process, and options available at every stage. Provide information in accessible, plain language.
- Check understanding regularly and invite questions.
The content in the body of this page including text and graphics, excluding artwork, is owned and licensed by Terri Janke and Company. Learn more about copyright for materials owned by Terri Janke and Company.
More in this section:
About First Nations relations
Creating culturally safe and inclusive workplaces is essential to support First Nations peoples to thrive, feel valued and confident to share their culture and contributions within the creative industry.
First Nations collaborations
Collaborating with First Nations peoples and communities creates rich, diverse and educative projects. Projects involving First Nations Culture and ICIP should be First Nations-led or codesigned.
Indigenous Cultural and Intellectual Property (ICIP)
Indigenous Cultural and Intellectual Property, or ICIP, refers to all aspects of First Nations peoples’ cultural heritage, including the tangible and intangible. ICIP should be protected, and used and shared with respect.
Culturally safe workplaces
Creating culturally safe workplaces is important to ensure that First Nations artists and creatives feel respected and valued, and safe to share their art and Culture. Workplaces thrive when they recognise and value First Nations cultural knowledge, perspectives and contributions.
Cultural events and ceremonies
Cultural events and ceremonies create spaces for both First Nations and non-First Nations people to come together. Acknowledgements of Country and Welcomes to Country show respect for First Nations peoples as the Traditional Owners of Country, including lands, waters and skies.
Indigenous Data
Indigenous Data appears in many workplace contexts – in staff records, employment data, research projects, community engagement initiatives, in policies affecting First Nations peoples, and more. Ensuring this data is handled with cultural respect and community oversight supports ethical practice, strengthens relationships, and upholds Indigenous Data Sovereignty.
First Nations support
On this page you can find a directory of organisations and guilds that support First Nations artists, arts workers and arts organisations in Australia.
