Collections & Culture Access Framework: Responsible Access, ICIP and Australia’s New Orphan Works Scheme

Dr Terri Janke and Laura Curtis

With the Copyright Amendment Act 2026 now in force, libraries, archives and collecting institutions are beginning to navigate Australia’s new orphan works scheme and what it means in practice for access to cultural materials.

The reforms, which commenced on 2 April 2026, allow certain uses of copyright material where the copyright owner cannot be identified or located, provided a “reasonably diligent search” has been undertaken. Importantly, the Explanatory Memorandum recognises that a higher standard of diligence may apply where works contain Indigenous Cultural and Intellectual Property (ICIP).

This is an important development for libraries and archives holding Aboriginal and Torres Strait Islander cultural materials. Even where an author or copyright owner cannot be found, institutions still need to carefully consider cultural authority, context, community engagement and whether additional consultation may be required before access is provided or material is shared more broadly.

There is already significant and thoughtful work being undertaken across the library and archive sector to strengthen culturally informed approaches to collections and access. Senior Solicitor Laura Curtis has worked closely with many state and national institutions to assist them to navigate ICIP and responsible access issues in practical and respectful ways.

Laura Curtis and Dr Terri Janke

In March 2026, Laura delivered a successful and well-attended Law Way session on supporting responsible access to ICIP materials in collections. Attendees found the session invaluable because it translated complex legal, ethical and cultural considerations into practical steps that staff can apply in real situations. Laura also brings valuable sector experience from her previous career working in galleries and cultural institutions as a conservator, giving her a strong understanding of the operational and care responsibilities institutions manage every day.

Laura will attend the Australian Library and Information Association (ALIA) Conference this Thursday as Terri Janke and Company continues its engagement with the sector on ICIP, collections and responsible access.

Terri Janke and Company also offers a two-hour workshop, designed to support libraries and archives to navigate access requests involving ICIP materials with confidence and cultural safety. The workshop includes:

• a practical step-by-step decision-making process;

• guidance on orphan works and ICIP considerations;

• culturally safe approaches to access and contextualisation; and

• practical tools to support staff handling sensitive materials.

Interested in the Collections & Culture Access Framework? It will be launching soon - follow Terri Janke and Company on LinkedIn for updates.