Advice and Representation
One aspect of NAVA’s role in representing the interests of the visual arts and craft sector is that it offers its members expert advice and assistance. NAVA publishes the Code of Practice for the Australian Visual Arts and Craft Sector , a primary resource for artists, other art professionals, galleries and other institutions. NAVA will also give personalised advice to its members on visual arts industry issues, and in some cases will represent them in disputes with others.
In the past couple of years NAVA has advised on such issues as terms and conditions of competitions, copyright, the responsibilities of galleries to artists when organising an exhibition, rates of pay and contracts. Our advice is based on the Code of Practice for the Australian Visual Arts and Craft Sector and our expert knowledge of the sector. We have experienced staff in the office who will either help you immediately, or undertake research into the issue for you. On occasions we have referred members to other relevant organisations for detailed legal advice or more specific information.
The steps for requesting advice:
Step One – Try to resolve the situation
In most cases it is best to try to resolve the situation yourself by writing or speaking to the people involved. If a solution is found through discussion, confirm your understanding of the outcome in writing by emailing or writing a letter to the person or organisation concerned, keeping a copy for your own records. Ask for confirmation of this understanding from the other side.
Step Two – Research
We encourage our members to become familiar with the Code of Practice for the Australian Arts and Craft Sector. This publication discusses various issues such as the relationship between artists and galleries, the terms and conditions of art competitions and what to look out for, a checklist for contracts, and who should be responsible for what when putting on an exhibition. Being familiar with the contents of the Code can answer many questions. This may save you from having a dispute in the first place or give you authoritative backing when arguing your case.
Members can purchase a bound copy of the Code of Practice for Australian Arts and Craft Sector as a reference book. It will give you the nationally agreed best practice standard for the sector. The first edition of the Code of Practice has been endorsed or acknowledged as a best practice manual by over 20 national and state arts bodies. Otherwise, as a member you will soon be able to access the Code’s individual chapters online.
Step Three – Ask for advice
If you still can’t achieve resolution, then you can submit a question through the NAVA website for a staff member to answer (this will take 2-3 days), or ring the NAVA office in Sydney and talk to a staff member. If you live outside the Sydney local phone area, you can email a request for us to phone you.
If staff cannot answer your question, we are likely to request that you put your concerns in writing and email this to us. Staff may then spend some time researching into the issue. We should be able to get back to you within 2-3 days of receiving the email. Your email should clearly outline your concerns and what has happened thus far, who are the people/organisations involved, any correspondence you have sent or received from the other party, and what you would like the outcomes to be.
If your case has wider implications for the visual arts and craft industry we may offer to make contact with the other party. The procedure for us to do this is as follows;
• Once we have received the details of your complaint we will write to the other party and request a response to the complaints.
• We will recommend a remedy to the issues with reference to relevant laws, arts industry codes of practice or conduct or other appropriate standard where it deals with the matter in question
• A copy of this correspondence will be provided to you.
• NAVA will keep your identity confidential if so requested.
• If there is no response from the other party within a reasonable time, NAVA will pursue the matter further.
• NAVA will take care not to defame either party.
• NAVA may choose to consult with others for advice or draw other parties into the negotiation to add weight to the case being made.
• With your permission, NAVA will refer on such requests if it believes they should most appropriately be handled by another expert body or professional representative, for example, NAVA may refer the complainant to the Mediation Service of the Arts Law Centre of Australia or other appropriate service.
• NAVA can decline to take on this representation if it believes the matter is outside its area of expertise or beyond the scope of its resources.
• At any time NAVA may decide that the circumstances have changed to the point where NAVA’s involvement is no longer possible.
• NAVA may decide to use the case for reference for other purposes but only with your permission. If permission is not given, NAVA may use the facts of case but ensure that the identity of the parties is kept confidential.
• NAVA may choose to make public comment about disputes where they relate to arts industry standards of professional practice or conduct, as long as the matters it presents are truthful.
• NAVA will keep confidential records of these matters in its files.
NOTE
• We can only answer enquiries about visual arts and craft.
• We only have a small number of staff and while we endeavour to answer your enquiries as soon as possible, we may take 2-3 days to get back to you.
• If the matter is a legal issue we may refer you on to Arts Law, however, you must be or become an Arts Law member to get further advice.
Other sources of advice
• The Arts Law Centre of Australia is a national organisations which gives preliminary advice and information to artists and arts organisations.
• The Arts Management Advisory Group offers an advice service and a referral service to the arts community in Victoria.
• The Arts Law Centre of Queensland offers an advice service to the arts community in Queensland.
