The department encourages and supports schools to collaborate with Aboriginal peoples and Torres Strait Islander peoples to teach Aboriginal languages or Torres Strait Islander languages in ways that are culturally acceptable and empowering for Language Owners. The department recognises the positive benefits that such Language Programs have for Aboriginal students and families, Torres Strait Islander students and families, non-Indigenous students and families and the wider community.
A language program developed and taught in a school will involve the speaking and teaching of an Aboriginal language or a Torres Strait Islander language. The teaching and learning materials created as part of the language program will record
Indigenous Cultural and Intellectual Property (ICIP); primarily languages, but also other ICIP such as stories, songs, artwork, or cultural knowledge.
ICIP Rights refers to rights of Indigenous people to protect and maintain their cultural heritage. These rights relate to the control of ICIP – rights to authorise or refuse use, and to be recognised as the owners of ICIP so that people and organisations continue to return to Aboriginal peoples and Torres Strait Islander peoples for consent. While these rights are currently not protected by specific legislation, consideration should be given to ICIP Rights when dealing with existing departmental content or developing new content that includes contributions from Aboriginal and Torres Strait Islander communities.
Aim of the ICIP Protocol and associated templates
The
Indigenous Cultural and Intellectual Property Protocol for the teaching of Aboriginal languages and Torres Strait Islander languages (ICIP Protocol) is a guide that has been developed to acknowledge the cultural value in the language knowledge and cultural expression shared by Aboriginal peoples and Torres Strait Islander peoples as part of language programs developed and delivered in Queensland state schools.
The ICIP Protocol along with the associated templates support the rights of Aboriginal people and Torres Strait Islander people to control and protect their languages, knowledge and cultural expression as described in the Queensland Human Rights Act (2019).
The ICIP Protocol supports the department to manage:
effective and respectful engagement with Aboriginal Language Owners and Torres Strait Islander Language Owners
the use and sharing of ICIP in schools (i.e. cultural stories spoken orally, and use of written materials that teach language and cultural knowledge)
the collection and recording of Aboriginal language, culture and knowledge and Torres Strait Islander language, culture and knowledge
the adaptation of existing and newly recorded Aboriginal language, culture and knowledge and Torres Strait Islander language, culture and knowledge into new language resources
the storage of collected materials and new language resources.
The ICIP Protocol provides an overview of the ICIP considerations when developing and teaching an Aboriginal language program or Torres Strait Islander language program in schools and a process to follow including which templates and agreements to use.
Template Statement of Intent is provided to assist in recording the initial consent of the Language Owners to co-develop a program to teach the language at the school and sets out how the parties will work together to develop a language program and the protocols that will be followed.
Template Terms of Reference is provided to assist in guiding how the language reference group operates, its functions, responsibilities, rules for decision-making and administrative requirements.
Copyright consent to use existing resource is provided to assist in recording copyright consent and clearance for use of an existing resource in the language program.
Cultural consent to use existing resource is provided to assist in recording ICIP consent and clearance for use of an existing resource in the language program. This may be from specific people or families who may also be the copyright owner.
Language and Culture Specialist: Permission to Record is provided to assist in recording consent from individual Language and Culture specialists who are recorded live or whose knowledge is documented for the purpose of creating new language resources and materials for the language program.
Language Program Services Agreement is provided to assist in contracting Aboriginal people or Torres Strait Islander people to design, deliver or review the language program as external suppliers or consultants through departmental procurement procedures.