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Australian Aboriginal flag
Other namesAboriginal Flag, Indigenous Flag
UseFlag of Aboriginal Australians
Proportion2:3 (originally), 1:2 (commonly used)
Adopted14 July 1995
DesignA horizontal bicolour of black and red with a yellow disc in the centre
Designed byHarold Thomas
Marching from Parliament House down King William Street to Victoria Square/Tarntanyangga, Adelaide, to celebrate the 30th anniversary of the Aboriginal flag, 8 July 2001

The Australian Aboriginal flag is an official flag of Australia that represents Aboriginal Australians. It was granted official status in 1995 under the Flags Act 1953, together with the Torres Strait Islander flag, in order to advance reconciliation and in recognition of the importance and acceptance of the flag by the Australian community.[1] The two flags are often flown together with the Australian national flag.

The Australian Aboriginal flag was designed by Aboriginal artist Harold Thomas in 1971, and it was first flown in Adelaide in July of that year. Thomas held the intellectual property rights to the flag's design until January 2022, when he transferred the copyright to the Commonwealth government. The flag was designed for the land rights movement and became a symbol of Aboriginal people of Australia.

The flag is horizontally and equally divided into a black region (above) and a red region (below); a yellow disc is superimposed over the centre of the flag.[2] The overall proportions of the flag, as proclaimed and in its original design, are 2:3; however, the flag is often reproduced in the proportions 1:2 as with the Australian national flag.[3]

Status

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On 14 July 1995, the Keating government advised the proclamation of the Aboriginal flag as "the flag of the Aboriginal peoples of Australia and to be known as the Australian Aboriginal flag", under section five of the Flags Act 1953. The proclamation noted that the flag was "recognised as the flag of the Aboriginal peoples of Australia and a flag of significance to the Australian nation generally".[4] Due to an administrative oversight, the 1995 proclamation was not lodged so that it would continue in force indefinitely; hence it automatically expired on 1 January 2008.[5] It was therefore almost identically replaced, on 25 January 2008, with effect as from 1 January.[6]

Design

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A version of the flag in 1:2 proportions

Symbolic meaning

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The symbolic meaning of the flag colours (as stated by Harold Thomas) are:[7]

  • Black – "represents the Aboriginal people of Australia"
  • Yellow circle – "represents the Sun, the giver of life and protector"
  • Red – "represents the red earth, the red ochre used in ceremonies and Aboriginal peoples' spiritual relation to the land"

Discussing the process of designing the flag in a copyright trial, Thomas also elaborated that the black represented "black consciousness, black awareness, black power [and] be[ing] proud of your blackness". The other colours of yellow and red were sourced from the predominant colours used to decorate pukamani poles. Thomas also explained why the black was placed above the red stripe:

I wanted to make it unsettling. In normal circumstances you'd have the darker colour at the bottom and the lighter colour on top and that would be visibly appropriate for anybody looking at it. It wouldn't unsettle you. To give a shock to the viewer to have it on top had a dual purpose, was to unsettle ... The other factor why I had it on top was the Aboriginal people walk on top of the land.

Others, including Nova Perris and social worker Tileah Drahm-Butler, have also interpreted the red as representing the blood shed by Aboriginal people.[8][9]

Colours

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A 2:3 version of the flag using RGB approximations of the official Pantone colours

The official colour specifications of the Australian Aboriginal flag are:[10]

Scheme Red Yellow Black
Pantone 1795 C (or 179 C[11]) 123 C Black C
RGB
(Hex) 		204–0–0
(#CC0000) 		255–255–0
(#FFFF00) 		0–0–0
(#000000)
CMYK 0%–100%–100%–30% 0%–0%–100%–0% 0%–0%–0%–100%

In most cases, on-screen or digital reproductions of the flag should use the RGB colours as in the table above. When displaying in physical fabric formats, it is much preferred to use the Pantone specifications. When printing on paper, the CMYK colours are superior.

Shape

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The original design was in the proportion 2:3, rather than 1:2, to make the flag more "squared up", as Thomas felt that the Australian Flag, at 1:2, was too long.[12]

History

[edit]
The Aboriginal flag at the Aboriginal Tent Embassy in 1974

Harold Thomas first discussed the need to create an Aboriginal flag with Gary Foley, several days or months before National Aborigines Day Observance Committee (NADOC) day in 1971. He first thought about the need for an Aboriginal symbol after attending a protest in 1970 when Aboriginal people were unrecognisable in a crowd of mostly white supporters. Thomas recalls that the Aboriginal flag came to him fully formed in a moment of inspiration, independently or in conversation with Foley.[13]

Once he had come up with the design, Thomas selected cloth at the Harris Scarfe store in Rundle Mall, Adelaide. The first flag was sewn together by Sandra Lee Hanson, a colleague of Thomas working at the South Australian Museum. While the original flag is lost, offcuts from the flag were found in the museum in 2014.[14]

The flag was first flown on NADOC day in Victoria Square in Adelaide on 9 July 1971 during a land rights rally.[15][7] The flag was later adopted by the Redfern Black Caucus, with members of the group going on to found the Aboriginal Tent Embassy in Canberra, where the flag was used from late 1972. The original flag possibly flew here or remained in South Australia.[14] In the early months of the embassy—which was established in February that year—other designs were used, including flags with the black, red and green colours of the Pan-African flag as a symbol of black consciousness,[16] and a flag with a red-black field containing a spear and four crescents in yellow.

The Australian Aboriginal, Torres Strait Islander and Australian flags being flown outside Parliament House to mark NAIDOC Week

Cathy Freeman caused controversy at the 1994 Commonwealth Games by carrying the Aboriginal flag as well as the Australian national flag during her victory lap of the arena, after winning the 200 metres sprint; only the national flag is meant to be displayed. Despite strong criticism from both Games officials and Australian team president Arthur Tunstall, Freeman carried both flags again after winning the 400 metres.

Australian Aboriginal flag, "Invasion Day" protest march, Sydney, 2018

In 1995, the Keating government advised the governor-general to give the flag official status as a flag of Australia, through a proclamation under the Flags Act. In a statement, the minister for Administrative Services argued this reflected the government's support for Aboriginal pride and reconciliation.[17] However, the decision was criticised at the time by Liberal opposition leader John Howard. He stated that the recognition "would rightly be seen by many in the community not as an act of reconciliation but as a divisive gesture"[18] and that "No matter how these flags bulk large in the affections of our indigenous people, they can only ever be symbols for one section of the Australian community."[19] The move was also criticised by the designer of the flag, Harold Thomas, arguing that the flag "doesn't need any more recognition"[20] and that "This move will mean that the flag has been taken over by the white man and will lose its potency as a symbol."[21]

The National Indigenous Advisory Committee campaigned for the Aboriginal flag to be flown at Stadium Australia during the 2000 Summer Olympics.[22] The Olympics organisers announced that the Aboriginal flag would be flown at Olympic venues.[23] The flag has been flown over the Sydney Harbour Bridge during the march for reconciliation of 2000 and many other events, including Australia Day. Since July 2022, the flag has been flown on the Harbour Bridge permanently, alongside the Australian national flag.[24] On the 30th anniversary of the flag in 2001, thousands of people were involved in a ceremony where the flag was carried from the Parliament of South Australia to Victoria Square.[25]

Use

[edit]
The Aboriginal flag flying in Victoria Square/Tarntanyangga, Adelaide (2013), near where the flag was first flown

Public buildings and locations

[edit]

The first city council to fly the Aboriginal flag was Newcastle City Council in 1977.[26]

On 8 July 2002, the Adelaide City Council endorsed the permanent flying of the Aboriginal flag close to the location of its first raising at Victoria Square in 1971 (now dual-named Tarntanyangga), which now flies adjacent to the Australian flag.[27][28][29] It has also been flown in front of Adelaide Town Hall since the same date.[25]

Various councils in Australian towns fly the Aboriginal flag from the town halls, such as Bendigo (adopted in 2005).[30] The flag is also flown at many other public buildings such as a number of the state Parliament Houses including that of Victoria.[31]

In April 2021, Regional NSW Police Deputy Commissioner Gary Worboys said that he would like to see the flag flown at every New South Wales Police regional police station in the state, expanding from the 12 of the 89 then flying it.[32]

The Australian Aboriginal flag has been hoisted alongside the Australian national flag as a permanent feature of the Australian Embassy in Dublin, Ireland, since 5 March 2021.[33]

The Australian national, Aboriginal and Torres Strait Islander flags as they are often displayed at official events

Following the 2022 Australian federal election on 21 May 2022, the incoming Anthony Albanese led Labor government started displaying the Aboriginal flag and the Torres Strait Islander flag alongside the national flag at ministerial press conferences.[34] Upon the opening of the new Parliament, both flags began to be displayed in the House of Representatives and Senate chambers.[35]

From 27 May 2022, at the start of National Reconciliation Week, both the Aboriginal and Torres Strait Islander flags were hoisted on the front lawn of Government House, Adelaide, to be permanently flown alongside the national flag and the South Australian flag.[36]

Other authorised uses

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The sale of condoms in the colours of the Aboriginal flag won a public health award in 2005 for the initiative's success in improving safe sex practices among young Indigenous people.[37][38]

Aboriginal-designed emojis titled Indigemojis and including the flag on several designs, were released in December 2019 via an app,[39] with the permission of Harold Thomas.[40]

Proposed, unauthorised and other uses

[edit]
A number of Aboriginal flags at an Invasion Day Protest in Melbourne, 2019

The Aboriginal flag is often included in various proposed designs to replace the current Australian Flag. One proposal has been to substitute the Union Flag, located in the canton of the Australian Flag, with the Aboriginal flag. Harold Thomas said of this idea: "I wouldn′t reject it out of hand, but I could make a decision to say no. Our flag is not a secondary thing. It stands on its own, not to be placed as an adjunct to any other thing. It shouldn't be treated that way."[41]

In the science fiction film Event Horizon, actor Sam Neill, himself a New Zealander, designed a flag for use on his sleeve as the way he thought the Australian flag should look in 2047, which incorporated the Aboriginal flag.[42]

The Australian Aboriginal flag is celebrated in the painting The First Supper (1988) by Susan Dorothea White where the central figure is an Aboriginal woman who displays the flag on her T-shirt.[43]

The flag was to be part of the logo on Google Australia's home page on Australia Day 2010, but the company was forced to modify the design due to its creator Harold Thomas demanding payment if Google were to use it.[44]

The anti-Islamic group Reclaim Australia used the flag at their protests in 2015, which was condemned by the flag's creator, Harold Thomas, who called it "idiotic".[45]

[edit]
Further information: Copyright law in Australia

Copyright in the flag has been subject to controversy, as to original and ongoing ownership of the copyright.

[edit]

In 1997, in the case of Thomas v Brown and Tennant,[46] the Federal Court of Australia declared that Harold Thomas was the owner of copyright in the design of the Australian Aboriginal flag, and thus the flag has protection under copyright law of Australia.[47][48] Thomas had sought legal recognition of his ownership and compensation following the Federal Government's 1995 proclamation of the design, and his claim was contested by two others, George Brown and James Tennant.[49] After winning copyright, Thomas awarded rights solely to Carroll & Richardson – Flagworld Pty Ltd and Birubi Art Pty Ltd for the manufacture and marketing of the flag and of products featuring the flag's image.[50]

In November 2018, Thomas granted WAM Clothing (which is co-owned by Birubi Art owner Ben Wooster) a licence for the use of the flag on clothing. In June 2019, it was reported that WAM Clothing had demanded that Aboriginal-owned businesses stop selling clothing that featured the flag.[51] They also sent notices to the NRL and AFL about their use of the flag on Indigenous round jerseys.[52] In June 2020, after a prominent Aboriginal footballer began selling WAM-licensed teeshirts bearing the flag through his own website, Aboriginal former senator Nova Peris, a leader of a "free the flag" campaign, wrote to the Governor-General, requesting his support for divesting WAM of the copyright.[53]

After consultation with its Aboriginal and Torres Strait Islander Advisory Council, the AFL did not enter into a commercial agreement with WAM in 2020, in line with general Aboriginal sentiment on the issue. In August 2020, Ken Wyatt, Minister for Indigenous Australians, said that he would love to see the flag freely used across Australia, and former AFL player Michael Long said its absence would have a negative effect on the players in the Sir Doug Nicholls Indigenous Round. Wyatt encouraged spectators to bring flags to the games, beginning in Darwin on 22 August 2020.[54][55]

[edit]
On the Sydney Harbour Bridge

On 24 January 2022, the Commonwealth government announced, after more than three years of confidential negotiations,[56] that Thomas had transferred the copyright in the flag to the Commonwealth.[57] The federal government paid $20.05m to Thomas and licence holders (including WAM Clothing and Carroll and Richardson Flagworld) to extinguish existing licences and secure copyright. As part of the copyright transfer, Thomas retained moral rights over the flag (which include the right to be identified as its creator). Following the copyright transfer, Carroll and Richardson Flagworld continued to be the exclusive manufacturer, although individuals may make copies for personal use.[58][57]

The Commonwealth agreed to fund a scholarship in Thomas's name for Indigenous students to further the development of Indigenous governance and leadership and an online education portal on the flag's history. An original painting by Thomas detailing the transfer of copyright would be "displayed in a prominent location" by the Commonwealth. All royalties from the copyright are to be transferred to the National Aborigines and Islanders Day Observance Committee, and $2m would be devoted to establishing a not-for-profit organisation that will make periodic payments for activities related to the flag.[58][59][60]

About the use of the flag, the government statement reads:[57]

The Aboriginal Flag will now be managed in a similar manner to the Australian National Flag, where its use is free, but must be presented in a respectful and dignified way. All Australians can now put the Aboriginal Flag on apparel such as sports jerseys and shirts, it can be painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee.

Many Aboriginal people celebrated the freeing of the flag; however, Bronwyn Carlson, Professor of Indigenous Studies and Director of the Centre for Global Indigenous Futures at Macquarie University, expressed a contrary opinion, suggesting that to "free" the flag for all and sundry may demean it as a symbol of Aboriginal identity and history. She wrote in The Conversation: "the Aboriginal flag has always been our flag. We didn't need an act of parliament to recognise its significance."[61] Some Indigenous people are not happy to see the federal government have control of the flag, rather than an Indigenous organisation, and law professor Isabella Alexander said that some legal questions remained, for as long as details of the agreement were still commercial-in-confidence.[62] Upon the release by the Australian government of the Assignment Deed following an FOI application,[63] David J. Brennan has identified a likelihood that the Australian copyright in the 1971 flag as an artistic work expired upon transfer to the Commonwealth.[64]

The flag's current legal status was debated in an Australian Senate estimates committee in mid‑February 2022, when it was also revealed that the Morrison government had paid $13.75m to Thomas to assume copyright, and also paid $6.3m to two non-Indigenous businesses which held licences to use the flag. These companies are WAM Clothing, which received $5.2m, and Wooster Holdings, which was paid $1.1m. Interests in both companies are held by Gold Coast businessman Ben Wooster, former director of Birubi Art (which was fined $2.3m in 2018 for selling fake Aboriginal art).[65]

See also

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References

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Further reading

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[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Australian Aboriginal flag

View on Grokipedia
from Grokipedia

The Australian Aboriginal Flag is an official flag representing , designed in 1970 by Luritja artist and activist Harold Joseph Thomas (Bundoo) and first raised on 9 July 1971 at a land rights rally in . The flag's design features a black at the top symbolizing Aboriginal people, a red at the bottom denoting the earth and the used in ceremonies, and a central yellow circle representing the sun as a source of life. Proclaimed a flag of Australia under the Flags Act 1953 on 14 July 1995 alongside the , it has become a prominent emblem of Aboriginal identity, resilience, and connection to country, often flown at protests, official events, and cultural celebrations. Thomas, a member of the Stolen Generations and the first Aboriginal graduate of the South Australian School of Art, created the flag amid the 1970s land rights movement, initially as a protest symbol against discrimination. Its rapid adoption extended to the Aboriginal Tent Embassy in Canberra later that year, cementing its role in advocating for Indigenous sovereignty and rights. The flag's copyright, originally held by Thomas, sparked disputes over commercial licensing in the 2010s, culminating in its transfer to the Commonwealth government in January 2022 to enable non-discriminatory public use without fees. Despite its unifying symbolism, the flag has occasionally featured in political debates, including over its prominence relative to the national flag at official functions.

Design

Colors and Elements

The Australian Aboriginal consists of two equal horizontal bands: a black band occupying the upper half and a red band occupying the lower half, with a positioned at the center of the . The design elements include these solid-colored bands and the central , which spans the division between the black and red bands. Official color specifications for reproductions are black (standard process black), red as 179 C, and yellow as 123 C. These references ensure consistency in printed and digital representations of the flag. Equivalent RGB values commonly used include black (#000000), red approximately (#CC0000 or #D22631), and yellow (#FFFF00 or #FFC72C), though standards take precedence for official uses.

Proportions and Shape

The Australian Aboriginal Flag consists of a divided horizontally into two equal parts, with the upper portion and the lower portion , overlaid by a centered disc. The flag's standard proportions approximate a 1:2 ratio of height to width, consistent with the Australian National Flag, though the original design specified 2:3, which is less common in reproductions. Construction requires precise alignment: the horizontal division occurs at the midpoint of the height, and the yellow disc is positioned at the geometric with its equal to the flag's height to ensure it visually dominates the field without distortion in standard 1:2 formats. To maintain the flag's geometric integrity during display, it must be hoisted to fly freely and securely near the top of the pole, avoiding conditions that cause wrapping or sagging, in line with protocols for official Australian flags. Early conceptual sketches by designer Harold Thomas retained the horizontal bicolor format but considered inverting the black and red sections before finalizing the current orientation.

Symbolism and Interpretation

Designer’s Intended Meanings

The Australian Aboriginal flag was designed by Harold Thomas, a Luritja from , in 1970 for use in the National Aborigines Day march held in on July 12, 1971, with the explicit purpose of serving as a rallying symbol for Aboriginal land rights . Thomas intended the flag to foster unity among Aboriginal people by avoiding clan-specific traditional motifs or symbols, opting instead for a simple, modern design that could represent the collective identity and political demands of diverse Indigenous groups across . He described the creation process as drawing from his desert heritage, selecting colors evocative of the Australian landscape to emphasize a shared connection to country while mobilizing support for protests against dispossession. Thomas explicitly stated that the black upper and lower panels represent Aboriginal people themselves, positioning the flag as an emblem of their presence, strength, and endurance. The red horizontal panel in the center symbolizes the red earth or , which he linked to the spiritual and physical ties binding Aboriginal communities to their lands, underscoring the flag's role in advocating for recognition of these inherent rights. The yellow circle at the flag's center denotes the sun, portrayed by Thomas as the life-giving force essential to Aboriginal existence and sustenance, radiating warmth and vitality central to cultural continuity. In Thomas's view, these elements combined to form a contemporary political rather than a ceremonial or artistic piece, crafted to evoke pride in Aboriginal identity and galvanize for justice without diluting its pan-Aboriginal appeal through localized . He emphasized the flag's inception as a tool for in urban protest settings, reflecting a strategic choice to prioritize accessibility and immediacy over elaborate traditional representations.

Broader Interpretations and Criticisms

Beyond the designer's original symbolism of Aboriginal people, earth, and the sun, the flag has been interpreted as embodying collective pride in Indigenous survival and a assertion of over traditional lands, countering the colonial of terra nullius that treated Australia as unoccupied prior to European settlement. Some proponents view it as a marker of resistance to historical dispossession, fostering a shared sense of resilience and cultural continuity among . Critics contend that the flag, designed in 1971 as a , lacks deep historical or traditional roots, representing a modern political construct rather than an ancient of timeless significance. This pan-Aboriginal unity it promotes overlooks the pre-colonial reality of approximately 500 distinct Aboriginal communities, each with unique languages, territories, and customs, as well as documented inter-group conflicts including and territorial disputes governed by customary laws. , symbolized by the flag, has been critiqued by some Indigenous intellectuals as an imposition of Western notions of nationhood alien to traditional decentralized, land-based identities, potentially eroding local autonomies. Empirical observations of Aboriginal responses reveal variation, with certain elders and commentators rejecting the flag as overly politicized or disconnected from specific tribal traditions, arguing it imposes a homogenized identity that prioritizes collective grievance over diverse historical adaptations and achievements. In contemporary discourse, the flag's frequent association with movements has led some Aboriginal voices to decry its evolution into a tool for division rather than unity, reinforcing narratives of perpetual victimhood at the expense of emphasizing post-contact integration and .

Historical Development

Creation in 1970

The Australian Aboriginal flag originated as a symbol tailored for land rights , designed by Luritja artist Harold following his involvement in Adelaide's inaugural Aboriginal protest march in 1970. Thomas, who had recently become the first Aboriginal graduate of the South Australian School of Art, drew from the era's escalating demands for recognition of Indigenous land ownership, building on the momentum from the 1967 referendum that empowered federal intervention in Aboriginal affairs and spurred organized advocacy. Thomas conceived the flag's simple, bold composition—featuring a black upper half, red lower half, and central yellow circle—through a swift creative process aimed at producing an eye-catching suitable for rallies, without formal commission but in direct response to the absence of a dedicated Aboriginal at demonstrations. This design emerged amid heightened causal pressures from dispossession grievances and post-referendum mobilization, where empirical failures in state-level protections had catalyzed national calls for over traditional territories. The flag debuted publicly on 9 July 1971, raised at a land rights rally in Adelaide's Victoria Square (Tarntanyangga) during National Aborigines Day observances, marking its initial deployment as a standard rather than an officially sanctioned emblem. At this stage, adoption remained confined to activist circles with negligible institutional backing, yet its stark visual impact facilitated immediate grassroots replication via handmade versions, contrasting with slower official pathways and underscoring activism's decentralized dynamics.

Early Adoption and Land Rights Movement

Following its first public raising on 9 July 1971 at a land rights rally in , the Australian Aboriginal flag gained prominence through its adoption in key activist protests of the . Activist transported the flag eastward, where it was flown at the in starting in late 1972, transforming it into a central emblem of demands for land rights and . The Tent Embassy, established on 26 January 1972 opposite Parliament House, served as a focal point for Indigenous , with the flag symbolizing resistance against dispossession and advocating for control over lands. The flag's visibility expanded amid the broader land rights campaigns of the decade, echoing the unresolved momentum from earlier actions like the 1966 , where Gurindji workers struck for better wages and eventual land return. By the mid-1970s, it appeared in demonstrations pressing for recognition of native title, underscoring Aboriginal claims to ancestral territories amid growing legal and political scrutiny. This usage marked the flag's evolution from a nascent banner to a unifying identifier in the push against doctrines. In the 1980s, the flag played a pivotal role in mass mobilizations, notably during the 1988 Bicentenary protests commemorating 200 years of European settlement, which many Indigenous groups viewed as a celebration of invasion. In alone, over 40,000 demonstrators marched under the Aboriginal flag, rejecting the official narrative and amplifying calls for land justice. These events heightened the flag's association with legal challenges, indirectly bolstering cases like the Mabo litigation initiated in 1982, where contested sovereignty over traditional lands. By embodying persistent advocacy, the flag contributed to the causal groundwork for the High Court's 1992 rejection of , affirming native title existence.

Official Recognition

Proclamation as Flag of Australia

The Australian Aboriginal Flag was proclaimed a Flag of Australia on 14 July 1995 under section 5 of the Flags Act 1953, which empowers the Governor-General to designate additional flags by proclamation without parliamentary approval. This executive action, performed by Governor-General William Hayden, established the flag's formal legal status as an official national symbol, equivalent in protocol to the Australian National Flag, state flags, and the Torres Strait Islander Flag, which was proclaimed concurrently. The proclamation specified the flag's design for the Aboriginal peoples and took effect immediately, enabling its use in official Commonwealth contexts such as government buildings and public ceremonies. This status integrates the Aboriginal Flag into the Commonwealth Flag Protocol, as outlined in the Department of the and Cabinet's guidelines, where it is flown alongside other official flags in designated positions—typically below the Australian but above non-official ensigns—during events involving Indigenous representation or reconciliation efforts. The protocol emphasizes proper proportions, positioning, and half-masting rules consistent with those for the national flag, reflecting its equivalence in ceremonial precedence without altering the Flags Act's core provisions for the Australian 's primacy. An administrative oversight in gazettal led to a confirmatory on 25 2008, ensuring the 1995 designation's enduring validity under the Flags Act. This re-affirmation underscored the flag's entrenched role in federal symbolism, with no subsequent legislative amendments required for its continued recognition.

Government and Institutional Endorsement

![Aboriginal, Torres Strait Islander, and Australian flags outside Parliament House][float-right] The Australian Aboriginal flag was proclaimed an official flag of Australia on 14 July 1995 under section 5 of the Flags Act 1953, granting it formal federal recognition alongside the Australian National Flag and the . Following this proclamation, federal protocols established that the Aboriginal flag holds equal precedence with the when flown together, though the Australian National Flag maintains superiority in position and height. Government buildings, including Parliament House, have incorporated the flag into regular displays, often alongside national and state flags during official events and on significant dates such as . State governments have adopted policies encouraging or requiring the flag's display at public facilities to acknowledge Aboriginal heritage. In , the government promotes flying the Aboriginal flag at state buildings where feasible, positioning it after the Australian and NSW flags in multi-flag arrangements. Queensland Health facilities follow specific guidelines for flying the flag, recommending it be displayed at full mast on relevant cultural occasions and treated with equal respect to other official flags. Similar protocols exist in Victoria and , where state departments advise on its integration into flag protocols for public buildings, emphasizing its role in recognizing Indigenous custodianship without mandating permanent display. In educational settings, the flag's endorsement extends to curricula mandates emphasizing its symbolism as a representation of Aboriginal peoples and connection to land. The Australian Curriculum's guiding principles for Aboriginal and Islander histories and cultures, implemented from the early , require teaching the flag's design and significance in primary and to foster understanding of Indigenous identities. State education departments, such as in Victoria, incorporate flag protocols into patriotic ceremonies and lessons, directing schools to display it during events commemorating Indigenous contributions. These institutional practices reflect a post-1995 shift toward routine integration in and symbolism, though variations persist across jurisdictions in frequency and conditions for display.

Usage Patterns

Official and Public Displays

The Australian Aboriginal flag is routinely displayed at federal and buildings, including Parliament House, in accordance with established flag-flying protocols. On 27 July 2022, the passed a motion to display the Aboriginal flag alongside the Australian and Torres Strait Islander flags within parliamentary chambers. , such as , provide specific guidelines for flying the flag on public buildings during official events and normal operations. In educational and judicial institutions, the flag appears in sanctioned settings to acknowledge Indigenous heritage. Australian schools display it during cultural programs and patriotic ceremonies, often alongside the , as recommended for respectful non-commercial use. Courts and public centres similarly incorporate it in formal contexts, reflecting its status as a recognized of Aboriginal peoples. Commemorative events feature prominent official displays, particularly during , observed annually since the 1970s to celebrate Indigenous cultures. Government directives specify flying the Aboriginal flag on additional flagpoles from the first Sunday in July for one week, as announced for 2025 by the Department of the Prime Minister and Cabinet. In sports leagues, pre-2022 sanctioned uses included permissions for AFL and NRL teams to feature flag-inspired elements on guernseys during Indigenous rounds, such as the AFL's Sir Doug Nicholls Round, highlighting cultural recognition in public events. These displays underscore the flag's empirical prevalence, with government sources noting its widespread acceptance across public institutions.

Commercial Exploitation and Restrictions

Harold Thomas licensed the Australian Aboriginal flag for commercial merchandise following the 1997 Federal Court ruling affirming his ownership as an original artistic work. These agreements, initiated in the late and expanded in subsequent decades, permitted reproduction on products such as , towels, and souvenirs, generating royalties primarily through exclusive deals with licensees. One prominent arrangement granted WAM Clothing, a non-Indigenous-owned firm, global exclusive rights for apparel, enabling large-scale production while requiring payments to Thomas. To enforce these rights, Thomas and his licensees pursued litigation against unauthorized commercial uses, aiming to recoup estimated lost royalties from infringing reproductions on consumer goods. Such actions addressed widespread unauthorized printing on items like t-shirts and flags sold by retailers, which diluted revenue streams; while precise pre-2022 figures remain undisclosed, the scale prompted ongoing legal vigilance and contributed to broader disputes over economic control. Critics argued that profit-oriented licensing, especially to external entities, commodified the flag's symbolism, prioritizing financial gain over cultural integrity and restricting access for Indigenous producers unable to afford fees. The 2022 copyright transfer to the government for A$20.05 million—comprising A$13.75 million to and settlements to terminate licenses like WAM's—eliminated private royalty claims, placing the design in the for unrestricted commercial exploitation without permission or payments. This ended 's direct revenue from licensing but preserved his , while potential lingering protections on specific merchandise categories could limit certain reproductions despite the waiver. The shift addressed prior economic barriers but fueled debate on whether truly liberates the symbol from exploitative dynamics.

Protest and Political Applications

The Australian Aboriginal flag has been prominently featured in various movements advocating for , including adaptations of the campaign in . During 2020 protests against police brutality and systemic racism, demonstrators in cities like and displayed the flag alongside BLM signage, with participants wearing Aboriginal flag masks and incorporating its imagery into rally visuals to highlight intersections between global anti-racism efforts and local First Nations issues. In the lead-up to the 2023 Indigenous Voice to Parliament referendum, the flag symbolized support for constitutional recognition of Aboriginal and Torres Strait Islander peoples. Yes campaign rallies on September 17, 2023, drew tens of thousands across major cities, where the flag was flown and worn by marchers pushing for an advisory body to , amid debates over Indigenous representation. The , held on October 14, 2023, ultimately failed with 60.06% voting No nationally, correlating with increased visibility of the flag in polarized public discourse on separatism and self-determination. Politically, the flag's applications reveal partisan divides. The Australian Labor Party, following its 2022 federal election victory, integrated the flag into official displays, such as flanking the Prime Minister's podium, signaling endorsement of Indigenous symbolism in governance. In contrast, the Liberal Party opposed parliamentary motions to permanently hang the flag, reflecting reticence toward its prominence amid concerns over national unity. Unauthorized uses, such as by the anti-Islamic group at 2015 protests, drew condemnation from designer Harold Thomas, underscoring tensions over its co-optation for non-Indigenous causes. Recent anti-immigration demonstrations, including the August 31, 2025, March for rallies in and , have indirectly intersected with the flag through clashes with Indigenous sovereignty camps, where protesters stormed sites displaying Aboriginal symbols, linking migration debates to broader territorial claims. Such events have amplified discussions on the flag's role in fueling policy debates, with its heightened visibility often correlating with arguments portraying it as emblematic of ethnic rather than integration.

Intellectual Property Evolution

Harold Thomas’s Original Ownership

Harold Thomas, a Luritja man, designed the Australian Aboriginal flag in 1970 as a symbol for the land rights movement, with automatically vesting in him as the original creator under Australian law, which grants protection to artistic works upon fixation without formal registration. Thomas's ownership faced early challenges, including assertions of communal authorship or status, which were empirically disputed in legal proceedings. In 1997, the ruled in his favor, affirming Thomas as the sole author and upholding the flag's protection as an original artistic work under the Copyright Act 1968 (Cth), thereby rejecting claims of shared or collective ownership. This judicial confirmation granted Thomas exclusive rights to reproduction, publication, and adaptation of the design, enabling him to pursue selective licensing agreements for commercial and non-commercial uses while maintaining control over unauthorized reproductions. Prior to the ruling, informal reproductions had proliferated without permission, but the decision established a legal basis for enforcement, emphasizing individual authorship over communal interpretations despite the flag's symbolic role in Aboriginal advocacy.

2022 Transfer to Government

On 25 January 2022, the Australian government completed the acquisition of full ownership of the Australian Aboriginal Flag from its designer, Harold Thomas, through a negotiated settlement valued at $20.05 million, which included payments to Thomas and the extinguishment of existing commercial licenses held by third-party companies. The government's stated motivation for the purchase was to resolve ongoing disputes over commercial exploitation of the flag's design, which had led to legal actions against businesses and public uncertainty regarding permissible uses, thereby enabling unrestricted public reproduction and display without licensing requirements. This transaction followed three years of negotiations initiated amid rising tensions over enforcement of reproduction rights. Post-transfer, the policy shifted to waive fees for non-commercial and most commercial applications, placing the effectively in perpetual free use for the except where protections apply to specific products; all future royalties from -licensed uses were directed toward Indigenous organizations such as the National Aborigines and Islanders Day Observance Committee. The deal drew immediate criticism for its cost to taxpayers—exceeding $20 million—and for transferring control of a key Indigenous symbol from its creator to a federal entity, with some Indigenous commentators arguing it represented a further of Aboriginal over cultural assets despite enabling broader access. Thomas's representatives, however, described the outcome as the optimal resolution achievable after protracted discussions.

Controversies and Debates

Harold Thomas actively enforced copyright in the Australian Aboriginal flag design prior to its 2022 transfer, primarily through exclusive licensees who issued cease-and-desist notices for unauthorized commercial reproductions on merchandise such as apparel and accessories. Between 2010 and 2020, these efforts targeted flag-embossed products including footballs used by the Australian Football League (AFL) and similar items, securing injunctions or prompting voluntary halts to prevent litigation. For example, in 2010, Thomas objected to the flag's inclusion in a artwork by a young artist, asserting infringement despite non-commercial intent. In 2019, licensee WAM Clothing, holding exclusive apparel rights, sent multiple notices to entities including the AFL and Indigenous brand Clothing the Gaps for t-shirts and other garments, leading to compliance or withdrawal rather than full trials, though no specific awards like $170,000 from retailers were publicly detailed in records. These dozens of actions across the decade demonstrably curbed unauthorized prints and sales, with recipients often opting to cease use over paying royalties or facing suits. Following the 2022 copyright assignment to the , reproduction became free for most non-commercial and many commercial uses, but retained certain trademarks covering specific , preserving restrictions on those applications. Exclusive production licenses for physical flags, pennants, and banners also endure with Carroll & Richardson Flagworld, limiting supply and enforcing quality controls without broader litigation. These persisting IP elements maintain targeted barriers to full commercial freedom.

Symbolism as Divisive or Separatist

Opponents of the flag's prominence argue that its widespread display alongside or in place of the national flag fosters a sense of separatism rather than national unity, particularly in political and public contexts where it is invoked to emphasize distinct Indigenous identity over shared Australian citizenship. Liberal leader Peter Dutton, in December 2024, pledged that if elected prime minister, he would display only the Australian flag at official press conferences, describing the practice of including the Aboriginal and Torres Strait Islander flags as divisive and noting that Australia is unique among nations in proclaiming multiple official flags under its Flags Act 1953. This stance echoes broader conservative critiques, including from Senator Pauline Hanson, who in December 2024 called for removing such flags from Parliament House to prioritize national cohesion. ![Invasion Day Protest Swanston St Melbourne 2019.jpg][float-right] Public opinion surveys indicate significant unease among non-Aboriginal Australians regarding the flag's role in promoting exclusionary narratives. A June 2025 poll found that 61% of respondents favored retaining only the single , with just 29% supporting the inclusion of Aboriginal and Islander flags as additional national symbols, suggesting a that multiple flags undermine unity. Similarly, a November 2024 survey showed 61% preferring to keep the current Australian flag without alternatives, reflecting resistance to symbolic pluralism that critics link to deepened social divisions. These views align with arguments that the flag's emphasis on separate identity reinforces grievance-based , potentially impeding broader integration efforts amid ongoing socioeconomic gaps, such as Aboriginal rates lagging national averages by factors of two or more. Proponents counter that the flag embodies resilience and the advancement of rights secured after the 1967 referendum, which empowered federal legislation for Aboriginal welfare and included in population counts, marking a pivotal step toward equality. Yet, even this framing invites scrutiny, as the flag's design and use in protests—often prioritizing Indigenous sovereignty claims—have been cited by detractors as prioritizing ethnic distinction over the post-referendum ideal of inclusive citizenship, contributing to polarized debates on national identity.

Representation of Aboriginal Diversity

The Australian Aboriginal Flag symbolizes the collective identity of mainland Aboriginal peoples, deliberately excluding , who maintain a distinct flag adopted in 1992 to represent their unique cultural, linguistic, and geographical heritage separate from continental Aboriginal groups. This separation underscores the flag's limited scope to over 250 pre-contact Aboriginal language groups across the mainland, organized into hundreds of autonomous nations with defined territories, kinship systems, and resource management practices that varied by region. Genetic analyses of Aboriginal genomes reveal substantial regional differentiation, with a 2023 study of communities from northern and central Australia identifying deep population structure and novel variants unique to specific groups, accounting for up to 25% of observed diversity—levels rivaling those outside Africa. Such variation reflects long-term isolation and adaptation, contradicting notions of inherent pan-Aboriginal uniformity. Historical records and archaeology further document frequent intra-group conflicts, including intertribal warfare over resources and boundaries, evidenced by skeletal remains showing trauma from weapons like spears and clubs, as well as rock art illustrations of battles dating back millennia. Critiques of the highlight its origination in urban activism—designed by Luritja artist Harold Thomas—as an imposed emblem that glosses over these divisions, favoring a unified narrative over empirical heterogeneity among the 500-plus estimated nations. Indigenous voices, including some advocating clan-specific flags, argue this pan-Aboriginal framing obscures educational opportunities to convey distinct traditions, potentially reinforcing a monolithic identity detached from localized realities. Among Central Australian Arrernte communities, where traditional symbols like body paint and sacred sites hold primacy, flag adoption has sparked local resistance, with consultations favoring indigenous icons over the national Aboriginal design in sites like Anzac Hill. This emphasis on overarching unity has paralleled approaches that aggregate diverse groups under centralized structures, empirically linked to failures in tailored and persistent socioeconomic gaps, as remote communities with strong local show better outcomes than pan-Aboriginal models prone to mismanagement. Such critiques, drawn from Productivity Commission inquiries, posit that ignoring diversity hampers causal mechanisms for effective , prioritizing symbolic cohesion over region-specific empirical strategies.

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