Detailed Discussion

This section of the Code refers to artist self-organisation which includes artist-run initiatives (ARIs), artist-run spaces, artist-run events/festivals and artist-led organisations. For simplicity, the term ‘ARI’ will be used to encompass these types of artist self-organisation. ARIs can generally be defined as a group of people — referred to in this document as ‘members’ — who are often artists, and who come together over a common objective. 

ARIs vary significantly in purpose, operations, scope and longevity. They can form around an artform, location or community, for purposes such as running a gallery, facilitating studio spaces, or publishing work. They often emerge in response to perceived limitations, gaps or opportunities within the sector or existing organisational frameworks. 

ARIs are not always formed or governed exclusively by artists. Some may involve curators, writers, arts administrators and people from other creative fields like design and architecture. The structure of ARIs can vary from informal collaborations to legal entities. Some dissolve after a short period, while others can last decades or transition into other organisational models. 

ARIs occupy a unique place within the Australian arts ecology that is considered separate from contemporary arts organisations, collecting institutions, commercial galleries, university-affiliated galleries and government-run arts facilities. ARIs can usually be distinguished from these organisations as they are governed predominantly by artists and tend to be less hierarchical in structure. However, some ARIs have adopted governance and staffing structures that are comparable to contemporary arts organisations.

Some of the principles discussed could be useful to arts collectives, collaborations and First Nations Art Centers.

For more information, see Working with Aboriginal Art Centres.

Key Issues

Volunteer Labour & In-Kind Contributions

ARIs are typically less resourced than other arts organisations and rely significantly on volunteer labour or in-kind contributions. This may be in the form of a volunteer board or committee, or through work that is either entirely in-kind or paid below standard rates. Volunteers may be needed to sit gallery spaces or work at events. Artists may also contribute by exhibiting their work for free or below standard rates. 

The scale of volunteer and in-kind contributions in the ARI sector poses ethical and operational considerations. ARI board or committee members will often engage in additional duties and responsibilities beyond the scope of what is typical in other arts organisation boards and committees. This may result in burn-out and members withdrawing on short notice, which may create challenges for the ARI’s stability and sustainability. Volunteerism can create equity issues as not everyone can afford to donate their time and labour.

There may also be a misalignment of expectations from external parties, such as funding bodies, partner organisations, participating artists and audiences, regarding the ARI’s capacity to engage in activities and respond to communication.

For guidance on engaging general volunteers, such as for sitting the space and working on events, see Managing Volunteers and Interns and Fair Work's Ombudsman’s Factsheet on Unpaid Work. 

Fair Exchange

ARIs should consider whether the benefits provided to members and artists is comparable to their contributions. A fair exchange takes into account how contributions and benefits are shared among the group. A good practice model would consider individual circumstances and level of privilege or disadvantage when deciding how limited resources are allocated to achieve equity. 

It is best to discuss contributions and return of benefits (monetary and non-monetary) at the outset to manage expectations. It is practical to have this agreement in writing, for example in a Memorandum of Understanding (MOU) or policy document.

Benefits

While ARIs have been historically volunteer run, many now provide artist fees to participating artists and payment for organisational labour. Remuneration is one way to ensure access for people to participate without being financially disadvantaged.

While payment is an important consideration, it is not the only form of exchange. For example, members’ and volunteers’ time, labour and/or expertise may be exchanged for:

• professional development and mentorship

• learning new skills

• discounts or access to space, equipment and resources

• acknowledgement 

• relationships and networks

Artists must provide permission for the use of their work. Artists should receive credit for their work, including public acknowledgement when it is exhibited or used in the promotion of the ARI.

Good Governance

ARIs should encourage effective teams and accessible work environments, delivering their initiatives fairly and with good governance. ARIs should have written rules or policies stating shared goals and values to enable people to understand why it was established and what the group will achieve. The legal structure of the ARI will be based on those shared goals and values. 

There should be a clear leadership or management structure with diverse representation. Diversity of leadership — including arts knowledge and lived experience — is an important foundation for inclusive decision-making. For more information, see Racial Equity and Representation. 

The structure and governance of ARIs varies greatly across the sector depending on the needs and values of the group. The use of legal frameworks can empower ARIs to pursue their values and goals, and set them up for long-term success, avoiding legal and financial issues.

Structures

When choosing an appropriate governing structure, ARIs may consider:

• the goals and purpose of the group

• how members can join or leave the organisation

• how or if workers will be remunerated

• whether or not they might apply for funding or seek donations

• their insurance liabilities

• the risks and responsibilities involved

• their capacity to meet regulatory requirements

For more information, see NAVA's Artist Run Initiative Good Governance factsheet. 

In addition to the internal structure, ARIs may engage an advisory committee or external advisors for matters where additional guidance is needed (e.g. legal, financial) to ensure that artists remain at the core of leadership.

ARIs should seek legal advice when deciding which governing structure best suits their purposes. Arts Law can provide free legal advice for members. 

Incorporated Associations and Cooperatives

Incorporated associations and cooperatives are common business structures for ARIs. They are legal entities and must operate with a particular governance structure, such as a governing board or committee, and meet regulatory requirements, which vary from state to state. 

One of the main advantages of operating as a separate legal entity is to limit the liability of individual members. This limits the personal liability of members for the ARI's losses or debts, up to the amount they agreed to contribute to the association or cooperative. However, members of the management committee (if an association) or directors (if a co-operative) may have personal liability if they fail to comply with relevant duties and governance standards. Penalties may also apply.

The entity can also enter into contracts on its own behalf, including funding, leases and licenses which is useful if an ARI is looking to enter into a funding agreement, lease of premises, or insurance contract. 

While these entities offer protection and advantages, they also come with additional regulatory requirements, such as submitting reports and financial statements, which create additional administrative work. 

ARIs should seek legal advice on what legal structure best aligns with their goals and values. Choice of legal structure has important implications for the legal and financial obligations of the governing members.

Space

Many ARIs are located around a particular space or venue where exhibitions, events and other activities occur. While a space can provide visibility and a place for communities and visitors to gather, it also takes time and resources to maintain. Below are considerations that may be useful for ARIs when thinking about securing and managing a space.

Lease

The ARI should consider their ability to negotiate and maintain a commercial lease. This may require negotiating with a lesser or agent who may not be familiar with the ARI’s purpose and activities. Maintaining a commercial lease also requires ongoing communication and negotiations with the lesser or agent.

Before entering a lease, the ARI should be aware of the zoning requirements of the premises. The ARI should also request a condition report for fixtures, fittings and services before entering a lease. The ARI should become a legal entity (e.g. incorporating) before entering into contracts.

The ARI should be aware of the terms and responsibilities of the lease, including any outgoings, which are expenses passed on by the lessee (e.g. rates, fees). Most terms of a commercial lease are open to negotiation, but the ARI should be aware of their bargaining power in the arrangement. 

The ARI should consider the length of lease they are entering into. Longer leases provide security but may mean that the ARI is unable to renegotiate the terms until that lease expires. When considering the length of lease, the ARI should also consider their income and ability to pay rent, cover outgoings and utilities, and maintain the premises in the long term.

Some ARIs are able to access rental subsidies through the government in exchange for providing arts, culture or services to the community. These are often for spaces within government-owned premises. 

Fit-out and Maintenance

When fitting out the space, the ARI should consider the investment of time and resources in comparison to their length of lease. The ARI should also be aware of the requirements to ‘make good’ at the end of the lease.

It is important to be clear on who is responsible for maintenance and upkeep of facilities, as outlined in the lease agreement. The ARI should also consider putting aside funds for urgent repairs and maintenance. 

Stakeholders

Running a venue or space requires maintaining positive relationships with stakeholders, including the lessee or agent, neighbours, nearby businesses and local community. ARIs may also benefit from nurturing relationships with local councillors, state and federal local members, community or cultural leaders, and other community advocates. 

It is good practice for ARIs to:

• consider ways to engage and connect with the local First Nations community, when determining its location and setting up their space

• acknowledge Traditional Custodians at events, online, in works and in physical spaces

• consult and seek consent from First Nations authorities whenever dealing with Indigenous Cultural Intellectual Property (ICIP)

• follow good practice for engagement with First Nations artists and people and their knowledges, regardless of whether the ARI is specifically First Nations-run, or if it includes artist/s with First Nations heritage

For more information on engaging and collaborating with First Nations communities see First Nations and Working with Aboriginal Art Centres. The Australia Council's Protocols for using First Nations Cultural and Intellectual Property in the Arts is also a useful resource.

Legal obligations in the areas of workplace health and safety (see Workplace, Health and Safety), insurance (see Insurance), commercial property leases, intellectual property (see Intellectual Property) and accessibility (see Access Rights for d/Deaf and Disabled People) apply in this area.

If you are setting up an ARI you will need to consider your compliance obligations. Compliance for your ARI or venue means it complies with relevant Federal, State and local government laws and legislation including mandatory planning, licensing and building codes. It can also mean compliance with voluntary standards of best practice relating to management and creative issues which may be set by relevant peak bodies or industry organisations.

For more information, see NAVA's Setting Up an ARI guide.

Conflicts of Interest

Conflicts of interest arise when an individual’s private interests might affect their involvement in the group or organisation. These can include situations where members may be seen to receive benefits (e.g. financial, professional, personal), or other situations where a members’ impartiality may be seen as compromised. 

Some examples of conflicts of interest include members:

• accepting gifts or other benefits

• being exhibited or being programmed into ARI activities

• being involved in making decisions that affect family members or close relationships

• being involved in making decisions that affect other ARIs or organisations that they are involved in

All conflicts of interest, real or perceived, should be declared so that other members can choose how to best proceed with a situation or decision. While this can be an issue for all ARIs, the legal structure of the ARI may impose specific obligations on board members to avoid or declare conflicts. 

Decision-making

Depending on the legal structure, there may be legal obligations concerning how meetings are called and decisions made. ARIs should be clear on these obligations and have them reflected in their governing document.

In formulating a decision-making model, ARIs should consider the method (e.g. voting, consensus) and the threshold for which a decision should be adopted (e.g. majority, 75%, 100%). The process should consider whether decisions are made entirely via meetings or other platforms, such as email or messages and whether meetings must be in person, or can be held online. If there are sub-committees, the ARIs should also consider what decision-making responsibilities, if any, are assigned to these groups. The legal structure and constitution of the organisation may also dictate certain decision-making requirements, such as the number of members present. 

Open Calls

Some ARIs operate through an open call process, in which artists apply to be included in the program. The process should be equitable and the decision-making process should be made clear to applicants, preferably online.

For more information, see Equitable Application Processes.

ARIs vary considerably in how they operate internally. A good practice ARI model would outline processes and procedures for operations so that they are clear to all members.

Some points to consider include:

• length and schedule of meetings, what gets discussed and how this is documented

• the process for making and documenting decisions

• how workload is shared and delegated, and what happens if an individual’s capacity is reached

• communication of issues, support, and maintaining boundaries

• whether specific roles require job descriptions

• whether there is a minimum or maximum period of commitment from members

• handover - how information and processes get passed on from outgoing members

• succession planning to ensure there are strategies for recruitment, and adequate skills, experience and diversity in potential members

• strategic planning, including defining core purpose and values, and whether there is a point when the ARI’s operations should be wound down

Physical spaces for ARI's can often be inaccessible due to the nature of repurposing buildings. It is however the responsibility of the ARI to ensure any application processes, website, social media, communications and building/s are accessible, and to communicate clearly about the accessibility of the venue. Access information should be clearly available for visitors before they arrive, such as on the ARIs website. Generally, it is the artist's responsibility to consider, communicate and plan for the accessibility of the work and, where possible, ensure the work is accessible (for example, video work has captions, audio descriptions are available).

For more information, see Access Rights for d/Deaf and Disabled People.

ARIs should seek to create systemic change, reduce barriers and create safe spaces for people from underrepresented backgrounds to participate as leaders, members, artists and audiences. Consideration should also be given to representation in creative works.

For more information see Racial Equity and Representation and Equitable Application Processes.

Values Alignment

ARIs should identify who they want to partner with based on shared values and goals. It is good practice to consider whether a funding source or partnership, potential or current, aligns with the ARI’s values. If there is a misalignment, the ARI will need to decide whether it still wants to proceed. Relationships that compromise the ARI’s values may risk its reputation within the community.

Capacity

The ARI will need to evaluate the time and costs required to generate and maintain income streams and partnerships, compared to their value. The ARI might also consider the skills and experience of current and future members to sustain these arrangements, how work and responsibilities are spread amongst members, and what support, acknowledgement or reward they might receive. 

The ARI might consider working with professionals to expand their capacity, in the form of paid or pro bono services, or through appointed advisory committees.

Income

ARIs face a number of challenges in securing appropriate and sustainable income for operations. Key considerations include the time, labour and costs required to develop and sustain income models and the long-term feasibility of these sources. Diversification of income may be important for the ARI’s sustainability. Securing stable income from one source could allow for the ARI to experiment and take risks with other income streams. Additionally, income from one area can sometimes be used to leverage support from other areas. 

Government Funding

Many ARIs seek funding to pay for projects or ongoing costs in return for addressing government objectives and priorities. Contractual obligations may include meeting key performance indicators (KPIs) and publicising the relationship through logos and text acknowledgements.

Applying for and managing government funding can be substantial work to write applications, manage budgets, meet requirements and submit acquittals. It is important to consider the ARI’s capacity to manage this additional workload and to align with government objectives and priorities. Some funding is only available to groups with particular governance structures (e.g. incorporated associations), requiring ARIs to either adopt these models or be auspiced by another organisation. Reliance on recurring government funding can also create risks when it is reduced or withdrawn unexpectedly.

Philanthropy

Philanthropy involves receiving donations from an individual or a foundation. In return, the ARI may provide public acknowledgement of the relationship, hospitality, behind-the-scenes insights or no benefits at all. Philanthropy can come through a foundation’s application process or by brokering a relationship. 

When considering a philanthropic relationship, it might be helpful to discuss values, motives, benefits, and expectations to ensure these are mutually positive. The ARI will need to consider their capacity to negotiate and service the relationship. Organisations are required to have DGR status in order to provide tax deductible receipts. 

Fundraising Sales or Auctions

ARIs may sell artworks through a fundraising sale or auction. Usually, these involve artworks donated by artists in the ARIs program or networks. Artists should always be able to choose whether they wish to contribute their works with no negative consequences for refusal. ARIs should consider what benefits they provide to artists in exchange for their donated works, such as publicity, access to collectors or a percentage of the sale.

A good practice model would examine and mitigate the impacts of fundraising sales and auctions on artists. Artists may already be contributing time and labour to exhibit with the ARI. The ARI should also be aware of how auctions may affect an artist’s market value and consider introducing reserve prices so works are not sold considerably under value. 

Crowdfunding

Crowdfunding can be useful if an ARI has a large supporter base and does not have the networks to broker larger philanthropic relationships. This usually involves generating donations through an online platform. Crowdfunding activities may result in a lot of work for the ARI to generate interest and target potential donors. Some platforms require rewards (such as prints or merchandise) to be linked to contributions, which creates an additional workload to service. When selecting a platform, it is important to be aware of the fees and charges, and whether the fundraising target needs to be reached for the funds to be released. Before embarking on a crowdfunding campaign, ensure you can meet the demands of producing the reward or prize for the donors.

Other Income

ARIs may also earn income through sales, such as event ticketing, bar sales or merchandise. 

Partnerships

ARIs may collaborate with other ARIs, organisations or institutions to collaborate on a project. It is important to consider and discuss the values, motives, benefits and expectations of each party before entering into a partnership. The size and capacity of each organisation should also be considered to ensure that contributions and benefits are equitable.

ARIs may encounter challenges when working or partnering with organisations that are funded and have paid staff. In these situations, those from the ARI will tend to be underpaid or unpaid and have less capacity compared to their organisational counterparts. A good practice model would acknowledge and address these inequities in partnerships, such as by paying ARI members for their time and contributions, or requiring the partner organisation to take on more of the work. 

The expectations, roles and responsibilities of each party should be clearly outlined in a document such as an agreement or Memorandum of Understanding (MOU). It is also important to clarify the ownership of intellectual property and how documentation and other materials produced are used by either party upon conclusion of the relationship. 

ARIs should consider the following insurances when running a space: public liability, contents insurance and voluntary workers insurance. If the ARI has employees, it should also consider workers compensation, and be aware of Employee Assistance Funding for access provisions.

For more information, see Insurance.

The ARI should provide a safe environment for workers and visitors. ARIs should ensure they are aware of their workplace health and safety obligations, including provisions for Covid safety.

For more information, see Workplace Health and Safety. 

ARIs must consider how they will manage the intellectual property (IP) generated by and for the organisation (e.g. website, policy documents, promotional materials, trade marks and branding); who will own it, and how it should be used. Ownership of IP also needs to be considered where work is created collaboratively and/or in a volunteer capacity.

For more information on intellectual property, including moral rights and copyright, see Intellectual Property.

For details on Indigenous Cultural and Intellectual Property, see First Nations.

As ARIs are self-organising and often non-hierarchical, conflicts can arise due to differing priorities and values, or interpersonal issues.

For more information, see Grievance and Dispute Resolution.