• Section 1 - Purpose
• Section 2 - Application and Scope
• Section 3 - Principles 
• Section 4 - Acquisition of Artworks
• Purchasing
• Gifts, Donations and Transfers
• Provenance
• Loan items
• Conflicts of Interest
• Section 5 - Deaccession and Disposal
• Section 6 - Legislative Requirements  
• Section 7 - Breaches of this Policy
• Section 8 - Record keeping
• Section 9 - Roles and Responsibilities
• Section 10 - Definitions

Section 1 - Purpose

(1)  The purpose of this Policy is to provide a framework for the strategic development and effective management of the University of Wollongong (the University) Art Collection (UOWAC, the Collection), including:

1. acquisition and deaccession of artworks for the UOWAC;
2. preservation, conservation, display and loan of UOWAC artworks; and
3. to ensure the UOWAC role as legacy and increase the value of this culturally significant asset for the community, regionally and nationally.

(2) This Policy establishes the principles by which all purchases, gifts and donations of artworks are managed, to ensure probity and governance at all stages of acquisition and alignment with other relevant University policy documents.

Section 2 - Application and Scope

(3) This Policy applies to all works of art included in the UOWAC and those works proposed for acquisition for the UOWAC.

(4) This Policy applies to all University staff, students and affiliates associated with the care, management and development of the UOWAC.

(5) This Policy does not apply to works of art that have been acquired by a UOW Faculty, School, Unit or Individual staff member that have not been formally accepted into the UOWAC.

(6) All works of art acquired by the University, through purchase, commission or gift are acquired in the name of the University and should only be acquired following consultation with the Senior Specialist, Art Collection.

(7) Works of art included in the UOWAC are not subject to the University’s Asset Disposal Policy and are managed under this Policy.

Section 3 - Principles 

(8) The University of Wollongong Art Collection (UOWAC) is recognised as a significant collection of post 1960s contemporary Australian art, that is developed and managed to support the University’s commitment to inspire a better future through education, teaching and partnership, and is accessible to the University community.

(9) The integration of the UOWAC into the University environment fosters relationships between the arts and all fields of teaching, encouraging a sense of collective cultural purpose for the University community. It is a valuable teaching and learning resource, enhancing the cultural and everyday experiences for students, staff and visitors.

(10) Art collection management activities are conducted ethically and in the interest of the University, while upholding National Standards for Australian Museums and Galleries, the International Council of Museums Code of Ethics and the principles outlined in this Policy.

(11) Protocols for using First Nations Cultural and Intellectual Property in the Arts and the Indigenous Art Code will guide the University in respect of provenance, credibility and authenticity in relation to Indigenous cultural and intellectual property.

(12) The University recognises the value of artistic cultural practice and, through the UOWAC, includes artworks across the following key areas:

1. contemporary Australian and New Zealand art, including work by local and regional artists;
2. works by First Nation peoples of Australia, with a focus on works by people of the five Island Dreaming, and those with connections to UOW;
3. works of regional significance, in particular works by artists living or working in the Illawarra or who have otherwise had connections with the Illawarra region and UOW; and
4. specialisations in works on paper: contemporary Australian and international, Australian poster collectives and works by First Nation peoples of Australia.

(13) This Policy sets out the principles that enable the University to:

1. acquire artworks through purchase, gift, transfer or bequest, that reflect quality visual arts practice in  Australian art. These acquisitions include, but are not limited to:
   1. painting;
   2. sculpture;
   3. work on paper;
   4. textiles;
   5. digital media;
   6. site specific instalations; and
   7. time-based media.
2. ensure the acquisition process complies with legal, ethical and policy guidelines;
3. ensure works acquired have appropriate long preservation care, to ensure ongoing accessibility for future communities;
4. ensure curatorial judgement to guide the development of the UOWAC and to maintain its status as a cultural collection of significance.

Section 4 - Acquisition of Artworks

(14) Acquisitions are made to the UOWAC by purchase, donation, bequest or internal transfer. All acquisitions to the UOWAC are owned by the University as an institution.

(15) All proposals for acquisition into the UOWAC will be assessed by the Senior Specialist, Art Collection who will make a recommendation for approval in accordance with the Delegations of Authority Policy.

(16) The following criteria must be considered before the acquisition of any artwork into the UOWAC:

1. alignment with the principles and key collecting areas outlined in this Policy;
2. legal title can be transferred to the University by the donor/vendor;
3. compliance with conventions or legislation relating to the movement of cultural artefacts;
4. that the acquisition respects the cultural sensitivities of Aboriginal and Torres Strait Islander Communities;
5. that the UOWAC can appropriately house and care for the acquisition to generally accepted museum practice;
6. the ongoing use and future viability of the artwork is acceptable (for instance, its potential for ongoing display, storage requirements, likely conservation costs aligned to the work or medium and/or technological elements that may become obsolete and the logistical costs relating to its future installation, transport or care);
7. that the proposed acquisition is in a good state of preservation unless there is considerable benefit and advantage to the Collection in acquiring the artwork, even in poor condition. Artworks offered for donation may be declined based on considerations such as conservation, storage capacity and risk, at the time of appraisal;
8. that the artwork is an original work of art (which includes original prints and multiples) and is not a reproduction or replica;
9. that the artwork has artistic/aesthetic significance. This can include significance that may relate to teaching, learning, research, social or community engagement activities with the University;
10. that the acquisition understands and appropriately records any ICIP and cultural sensitivities of the artwork and artist, as guided by Protocols for using First Nations Cultural and Intellectual Property in the Arts.

(17) The UOWAC Senior Specialist, Art Collection will:

1. present acquisition proposals to curatorial staff for review;
2. recommend artworks to be acquired to be included in the UOWAC to the Vice-Chancellor and President;
3. seek financial approval for acquisitions  in accordance with the Delegations of Authority Policy, the Purchasing and Procurement Policy, the Philanthropic Fundraising and Gift Acceptance Policy and any other relevant University policy documents
4. ensure that the purchase of artworks is managed within the parameters of the acquisitions funding budget and available storage;
5. where an artwork is offered as a donation, ensure that it is accepted in accordance with the Philanthropic Fundraising and Gift Acceptance Policy and any other relevant University policy documents; 
6. ensure donations acquired through the Australian Government's Cultural Gifts Program fulfil legal and administrative requirements as set by the Australian Taxation Office;
7. report all acquisitions to the Finance and Procurement (FinProc)in accordance with the Delegations of Authority Policy.

Purchasing

(18) The University has a budget allocation for the purchase/acquisition of artworks to the UOWAC. All artworks acquired through purchase must be done so in accordance with the Delegations of Authority Policy, the Purchasing and Procurement Policy and other relavent University policy documents.

Gifts, Donations and Transfers

(19) Gifts and bequests must be accepted in accordance with the Philanthropic Fundraising, Gift Acceptance and Recognition Policy.

(20) Gifts can be offered as either Direct Unencumbered Gifts or Gifts through the Australian Government’s Cultural Gift Program (CGP).

(21) Donations can only be accepted as unconditional gifts.

(22) A Deed of Gift document will acknowledge the donation and provide proof of ownership for the University.

(23) If the donation is offered through the CGP, this documentation will provide proof of ownership for the University.

(24) Artworks owned by the University that were not originally acquired for the UOWAC may be internally transferred into the UOWAC with the approval of the Senior Specialist, Art Collection if the work meets the acquisition criteria and key collecting areas set out in this Policy.

Provenance

(25) To ensure there are no constraints that may affect the use and management of an artwork, provenance must be fully established before acceptance of purchase or donation. This will ensure the authenticity of the artwork and that the vendor/donor is legally entitled to convey the full title of the works to UOWAC. 

Loan items

(26) All loans inward and outward are subject to the conditions set out in a formal loan agreement, issued by the Senior Specialist, Art Collection and developed in consultation with the Legal Services Unit.

Conflicts of Interest

(27) Where the acquisition of artworks presents a perceived, potential, or actual conflict of interest, the University’s Conflict of Interest Policy should be followed.

Section 5 - Deaccession and Disposal

(28) Deaccessioning of artworks must be approved by the Vice-Chancellor and President and Vice-President Operations in accordance with this Policy and other relevant University policy documents.

(29) In consultation with curatorial staff, the Senior Specialist, Art Collection will recommend to the relevant delegate for approval, the deaccession of an artwork only in the following instances:

1. it is damaged or deteriorated beyond reasonable repair;
2. lack of relevance to or erroneous inclusion in the UOWAC;
3. theft or loss;
4. provenance is undocumented and/or the authenticity is proven to be in question;
5. it no longer aligns with the University’s strategic plan or the principles set out in this Policy;
6. no evidence of clear legal and equitable title;
7. it is a loan item recalled by owner; or
8. it requires repatriation of cultural property. In accordance with https://www.arts.gov.au/publications/australian-best-practice-guide-collecting-cultural-material

(30) All decisions to deaccession artworks must be objective and not based on current trends or personal preferences.

(31) The University should not deaccession works without first consulting with the relevant parties, including, where applicable, the artist, donor, executor or trustee.

(32) An artwork that has been deaccessioned may be offered as a donation to another collection within the University or to a relevant deductible gift recipient.

(33) Disposal of artworks may take place via sale, exchange with another public gallery, museum or collection, upgrading by exchange with the artist, donation to another institution, or destruction. Any funds received from the sale of deaccessioned artworks must only be used for future acquisitions to the UOWAC.

Section 6 - Legislative Requirements  

(34) The acquisition of gifts made under the Australian Government’s Cultural Gifts Program must be done so in accordance with all relevant legislative and regulatory processes and procedures. Gifts that are made under this program will not be returned to the donor or the donor’s next of kin in the case of deaccession, as the donor has already received the benefit of a tax deduction for the gift.

Section 7 - Breaches of this Policy

(35) Breaches of this Policy are considered a failure to comply with the University Code of Conduct. This includes the University’s right to notify a relevant statutory authority and/or agency where breaches of relevant legislation may be evident.

(36) Disclosures of serious wrongdoing (including corrupt conduct, maladministration, serious and substantial waste) must be managed in line with the Serious Wrongdoing Reporting Policy.

(37) Any disputes will be managed in accordance with the Complaints Management Policy.

Section 8 - Record keeping

(38) Information about all artworks is stored in the UOWAC collection management system, managed by the Senior Specialist, Art Collection in accordance with the Records Management Policy.

Section 9 - Roles and Responsibilities

(39) The UOWAC Senior Specialist, Art Collection is responsible for:

1. the operational management and curatorial development of the UOWAC in accordance with this Policy;
2. the provision of specialist advice and making recommendations on the acquisition of artworks to the UOWAC;
3. management and conservation of artworks in the collection;
4. maintaining a current and up to date collections register to record all collections in accordance with the Records Management Policy.

(40) The Vice-Chancellor and President is responsible for allocating funds that enable the UOWAC to make acquisitions and operate the unit in accordance with this Policy.

Section 10 - Definitions