2
From:
HOPE, Melissa
Sent:
Tuesday, 20 December 2022 9:01 AM
To:
COOMBS, Merylin
Cc:
Subject:
FW: Letter from the Treasurer - Australian Banknote [SEC=OFFICIAL]
Attachments:
Letter from the Treasurer.pdf
Dear all
We have an answer. We will need to be careful about informing people, so that it doesn’t get out before a public
announcement is made.
Michelle has replied to Phil indicating that she/we will set up a meeting on the “inclusive consultation” process
when Phil is back from leave.
can we have a chat today about where this work is at
Cheers
Mel
From: LOWE, Phil
Sent: Tuesday, 20 December 2022 8:25 AM
To: BULLOCK, Michele
HOPE, Melissa
MCPHEE, Michelle
Cc:
KENT, Christopher
ELLIS, Luci
JONES, Bradley
WOODS, Susan
DICKMAN,
Anthony
Subject: FW: Letter from the Treasurer ‐ Australian Banknote [SEC=OFFICIAL]
Please see attached response from the Treasurer.
It would be good to discuss what inclusive consultation looks like.
Phil
From: Chalmers
@TREASURY.GOV.AU]
Sent: Friday, 16 December 2022 5:20 PM
To: Governor
Cc: Chalmers
@TREASURY.GOV.AU>;
Subject: Letter from the Treasurer ‐ Australian Banknote [SEC=OFFICIAL]
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the
content is safe.
OFFICIAL
1

Good afternoon,

Please find attached correspondence from the Treasurer to the Governor of the Reserve Bank, regarding the design
of Australia’s $5 banknote.

Kind Regards,

Office of the Hon Jim Chalmers MP, Treasurer
P
M
E
@treasury.gov.au
Parliament House, Canberra, ACT 2600

OFFICIAL
Please Note: The information contained in this e-mail message and any attached files may be
confidential information and may also be the subject of legal professional privilege. If you are not
the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have
received this e-mail by error please notify the sender immediately by reply e-mail and delete all
copies of this transmission together with any attachments.

2

3
From:
HOPE, Melissa
Sent:
Wednesday, 21 December 2022 11:45 AM
To:
COOMBS, Merylin
Subject:
FW: $5 banknote [SEC=OFFICIAL]
Attachments:
Letter from the Treasurer.pdf
From: LOWE, Phil
Sent: Wednesday, 21 December 2022 11:42 AM
To:
BARNABA, Mark
CRAIK, Wendy
HARPER, Ian
;
HEWSON,
KENNEDY, Steven
SCHWARTZ, Carol
WATKINS,
BULLOCK, Michele
Cc: DICKMAN, Anthony
JACOBS, David
MCPHEE, Michelle
; HOPE, Melissa
Subject: $5 banknote [SEC=OFFICIAL]
Dear Board members
You will recall that at the October meeting we agreed to consult the Government regarding the design of the $5
banknote following the passing of the Queen Elizabeth II.
The Treasurer has responded (see attached) indicating that the Government would prefer a new design that
honours the culture and history of the First Australians.
I am seeking your approval to proceed on this basis and commence work developing a new design. As a first step, I
plan to write to Hon Linda Burney MP, the minister for Indigenous Australians, seeking guidance on how to proceed
with a process of inclusive consultation.
Merry Christmas
Phil
Philip Lowe | Governor
RESERVE BANK OF AUSTRALIA | 65 Martin Place, Sydney NSW 2000  Australia
w: www.rba.gov.au
1

THE HON JIM CHALMERS MP
TREASURER

Friday, 16 December 2022

Dr Philip Lowe
Governor
Reserve Bank of Australia
65 Martin Place
SYDNEY  NSW  2000

Dear Governor

Thank you for your correspondence and the opportunity to provide the Australian Government’s view on the
design of Australia’s $5 banknote.

Your correspondence indicated that the Bank is considering replacing the portrait of Queen Elizabeth II on
Australia’s $5 banknote with either King Charles III or with a new design that honours the culture and
history of First Australians.

Of these two options presented by the Bank, the Government would be comfortable with a new design that
honours the culture and history of First Australians, assuming a proper process for inclusive consultation is
undertaken.

I have copied this letter to the Prime Minister, the Minister for Indigenous Australians, the Assistant Minister
for Indigenous Australians, the Assistant Minister for the Republic and Senator Dodson who is currently
serving as Special Envoy for Reconciliation and the Implementation of the Uluru Statement from the Heart.

Thank you again for your letter.

Yours sincerely

The Hon Jim Chalmers MP

CC:   Prime Minister, Minister for Indigenous Australians, Assistant Minister for Indigenous Australians,
Assistant Minister for the Republic and Senator Dodson, current Special Envoy for Reconciliation and
the Implementation of the Uluru Statement from the Heart.

Parliament House Canberra ACT 2600 Australia
Telephone:

4
From:
HOPE, Melissa
Sent:
Thursday, 22 December 2022 4:41 PM
To:
MCPHEE, Michelle; COOMBS, Merylin
Subject:
RE: Notes from the Meeting with Michele and Phil regarding the Treasurers letter
[SEC=OFFICIAL]
Hi Michelle
Many thanks for the summary – that’s helpful. Just a couple of other things:
 Did Phil mention anything about how the Palace would be informed of the decision, (eg: whether the
Treasurer/PMC/etc would be doing that)?
 We are preparing an Issues Brief (ie: something that can be used for any media requests) for when this
decision is made public. We will send you a draft when ready (for your return from leave).
Cheers
Mel
From: MCPHEE, Michelle
Sent: Wednesday, 21 December 2022 12:15 PM
To: HOPE, Melissa
COOMBS, Merylin
Subject: Notes from the Meeting with Michele and Phil regarding the Treasurers letter [SEC=OFFICIAL]
Hello
I had my discussion this morning with Phil and Michele regarding next steps. The main points  are:
 Phil is going to forward the letter to the Board and seek their views. He is looking for them to approve the
First nations design concept – this email has been sent.
 Phil has proposed to the Board engaging with The Minister for Indigenous Affairs, the Hon Linda Burney (or
her office) to determine how to proceed with a process of inclusive consultation. Subject to the Boards
views he would look to write to her early in the new year asking for her guidance on our process.
 At this stage preliminary views regarding the imagery on the note could include rock art, art from the
community associated with Nugget Coombs, dot paintings representing community. However these are
preliminary thoughts and there is strong recognition that engagement with the Ministers office will provide
other suggestions. We also discussed the imagery used for the paper $1 note as guidance on the type of
imagery that would be appropriate (subject to cultural views on that imagery – it was appropriate quite a
few years ago but things have changed)
 The consultation would also be a good opportunity to include the new Manager, First Nations liaison and
members of the First Nations ERG.
 Phil was looking to deliver this in the three year time frame.
Happy to discuss.
1

As a starting point, it would be great if someone could draft a letter to Linda Burney’s office asking to engage that
would be good. If I could get that draft by Friday that would be helpful.
thanks
Michelle
2

5
ISSUES BRIEF – FIRST NATIONS THEME ON $5 BANKNOTE
Traditionally, the reigning Monarch has appeared on the lowest denomination of Australian banknotes.
However,  fol owing the passing of Queen Elizabeth II in September 2022,  in  agreement  with  the
Government, the Bank has decided to pursue a new design for the Australian five dollar banknote that
honours the culture and history of First Nations people.
The Bank will consult with First Nations representatives on the best approach to this consultation to
respectfully celebrate their culture, history and landmarks on a banknote in an inclusive way.
It is important to note, it may take several years from start to finish before a banknote is released into
circulation.
The fol owing brief outlines the level of risk and appropriate response when the issue arises.
Topic
Manage media/general public attention regarding the decision to change the
design of the note to incorporate imagery honouring the culture and history of
First Nations people rather than an image of the reigning monarch.
Issue owner
Note Issue
Communication lead
Internal stakeholders  NI Banknote Production, NI Banknote Planning and Partnerships, SD External and
Internal Communications, Michel e McPhee, Anthony Dickman,  Note Issue
Department, Bank staff
External stakeholders  Media; col ectors; general public; BEMs, industry, NPA (including designers and
production teams); Federal Government; First Nations leaders; Australian Republic
movement; Australian Monarchist League
Media
Michelle McPhee
spokesperson(s)
Melissa Hope
Statement
With the agreement of the Federal Government, the Bank has decided to pursue a
new design for the Australian five dol ar banknote that honours the culture and
history of First Nations people. The existing $5 featuring the portrait of Queen
Elizabeth II can continue to be used.
Recommended action  In preparation:
•
Agreed messaging
•
Prepare statement
•
Update Q&As
•
Draft changes for Banknotes website
•
Draft messaging for industry
If issue arises:
•
Issue proactive statement
•
Manage follow up questions as required
What is the level of
Medium – With the death of the Queen, the issue of who is represented on the
public
banknote has been raised publicly and preferences both for retaining the reigning
interest/knowledge of  monarch and an alternative have been expressed. Interest may increase if it is
the issue?
thought to affect legal tender status of the banknotes and whether they are valuable
as a collector’s item. The issue may also raise questions about the banknote
production process.
D22/349548
GENERAL
1

Special interest groups and the numismatic community, however, would have high
interest and awareness of the issue.
Government agencies/ministers – The Federal Government may face backlash from
Monarchists who disagree with the decision and expect the Bank to continue
tradition in honouring the reigning Monarch to appear on the new $5.
Who does the issue
NPA – MEDIUM RISK. Update to banknote design with unknown and untested
impact? Why?
design elements.
Industry – MEDIUM RISK. Updates to machines wil  need to be completed. Current
tensions with key parties due to unfavourable operating environment. Matter
escalated late 2021.
Public – LOW RISK. The public will voice their opinions about banknote design.
Special interest groups (numismatic community) – MEDIUM. Questions around
higher collector value; rarity of the production runs; how many were produced.
Key Messages
•
New theme decided to honour the culture and history of First Nations people.
•
King Charles II  will not appear on the new design.
•
This change wil  take at least three years to implement.
•
Al  $5 banknotes can continue to be used.
•
Al  $5 banknotes can continue to be issued.
Lines to take on
Messages arising from likely questions (a response from a spokesperson could be
difficult questions
quoted):
(approved by Phil)
• The RBA has a proud history of recognising the culture and history of the
First Australians, including on Australia’s banknotes. This decision will
continue that tradition.
• We consulted with the Government given the importance of the decision.
• We made this decision now because the process of designing a new
banknote takes a number of years.
• We announced the decision now because the process of consultation with
the Government has been completed.
• The changes will introduce a new design; it will not feature an individual
person.
Q. Who made the decision to take off the monarchy on the $5 – the RBA or the
Government?
A. It was the Reserve Bank Board’s decision, made fol owing consultation with the
Government.
Q. Why did the RBA decide to take the monarch off the $5?
A. Following the passing of Her Majesty Queen Elizabeth II, the RBA consulted
with the Government on this important national issue. The Government expressed
support for a new design that honours the culture and history of the First
Australians.
Q. Is this decision related to the future of the monarchy, the republic or the
upcoming referendum?
A. No
D22/349548
GENERAL
2

Q. Did the RBA seek public feedback before deciding to scrap the monarch?
Should you have?
A. No. We consulted the Government.
Q. Is the current Government anti-monarchy? Is the RBA anti-monarchy?
A. No comment.
Q. The decision to scrap the monarch could be perceived as anti-royalist
particularly in the lead up to King Charles II coronation. Can you comment on
this?
A. No.
Q. Do you think taking off the monarch wil impact relations between the
monarch and Australia?
A. No comment.
Q. Do you think it is courtesy to inform King Charles I I of the change given the
long history of a monarch on the $5?
A. We don’t believe this is necessary as inclusion of the reigning monarch’s
portrait on the lowest denomination banknote has reflected tradition rather than a
legal requirement or a directive from the Palace.
Q. Why make the decision now given you could keep printing $5 with the
Queen.
A. After the passing of a monarch, it is convention not to continue to print
banknotes with the portrait of the late monarch.
Q. The RBA is facing public scrutiny over the current Review of the RBA. Is now a
good time to take off the queen or king given many Australians support the
monarch?
A. The process of designing a new banknote takes time. The Review is not looking
at banknote issuance.
Q. Has the RBA done research on how many Australians support the monarchy?
A. No. We consulted the Government.
Q. Does the RBA give priority to recognising the culture and history of the First
Australians over recognising the role of the monarch?
A. The RBA has a proud history of recognising the culture and history of the First
Australians on Australia’s banknotes
Q. The monarch has always been on at least one Australian banknote since they
were first issued in [1913]. Why change now?
A. There was never a requirement for the monarch to be on Australian banknotes.
Given the passing of Queen Elizabeth II, whose portrait first appeared on the one
pound Australian banknote in 1953, this seemed an appropriate time to consider a
change.
[For background: Queen first appeared on an Australian banknote - one pound - in
1953. She was then on the $1 banknote issued in 1966 and moved to the $5 when
we introduced polymer banknotes (because the $1 banknote had been replaced by
a coin so she was reinstated on the lowest denomination]
D22/349548
GENERAL
3

Q. This is a political stunt by the Reserve Bank at a time when there is already a
lot of debate over the First Nations’ voice to parliament.
A. We made this decision now because the process of designing a new banknote
takes a number of years.
Q. When do you expect to reveal the new $5 note design?
A. We do not have a date at this time for the reveal of the design. As noted in the
media release, the Bank will consult with First Australians in designing the $5
banknote and the new banknote wil  take a number of years to be designed and
printed.
Other Q&As
Q. Who wil  appear on the new $5?
A. The Bank will consult with First Nations community representatives on the best
approach to the banknote design.
Q. Wil  the decision impact both sides of the banknote or only the portrait side?
A. It is the intention of the Bank to update the side that currently depicts a portrait
of Queen Elizabeth II. The Bank is currently working with Note Printing Australia to
decide the best approach.
Q. Why did the Bank choose imagery relating to the culture and history of First
Nations people for the banknote?
A. In agreement with the Federal Government, the Bank decided that using
imagery honouring the culture and history of First Nations was an appropriate way
of highlighting the role of First Nations people in shaping Australian society.
Q. Does this decision indicate that the Australian Government is shifting away
from the Commonwealth towards a Republic?
A. This is a matter for the Federal Government to decide and the Reserve Bank has
no input in this.
Q. Do you need to inform King Charles I I that you wil  not be using his portrait
on the new design?
A. Under the Reserve Bank Act 1959 the Reserve Bank of Australia is responsible
for the issue, re-issue, and cancelation of banknotes, including the design of
banknotes. There is no legislative requirement to include the reigning monarch’s
portrait on the banknote.
Q. Wil  the Bank look at replacing the $5 banknote with a coin like they did in
the 80’s?
A. This is not an option that is under consideration at this stage.
Q. Why did the Bank change their mind after publical y confirming that King
Charles I I wil  be on the new $5 after the Queen passed?
A. Upon the passing of the Queen, the Bank provided advice that we would consult
with the Federal Government on the design for the $5 banknote.  Fol owing
consultation, it was agreed that the portrayal of imagery honouring the culture
and history of First Nations people was an important way of highlighting their role
in shaping Australian society.
Q. Wil  you replace the Queen’s portrait with the new monarch?
A. No. In agreement with the Federal Government, the Bank has decided not to
reflect the new monarch’s portrait on the $5.
D22/349548
GENERAL
4

Q. If a Pro-Monarch Government is elected wil  the $5 change again to the
portrait of King Charles II ?
A. The Bank wil  consult with the Government of the day on the best approach to
progress the $5 banknote.
Q. How long does it take to redesign a new $5 to reflect the imagery honouring
the culture and history of First Nations people?
A. Creating the design for new banknotes is a complex process. As well as being
works of art, banknotes are important security documents that incorporate a
range of security features that make them difficult to counterfeit. These features
need to be integrated effectively into the banknote without interfering with
aesthetics or useability.  It will take several years from concept to circulation.
Demand from the public and the need to replace banknotes that have become
worn in circulation will also play a role.
Q. Wil  ATMs/note acceptors be able to use the new $5?
A. We will work with our partners in industry to ensure they have sufficient time to
modify their machines to accept the new $5 so that the introduction is as seamless
as possible. Q. Who did you liaise with to get the portrait of a First Nations
person approved for use?
A. We would ensure any approvals that are required are obtained at the relevant
time.
Q. Wil  you remove al  the $5’s with Queen Elizabeth I ’s portraits?
A. The current $5 banknotes can continue to be used and they wil  remain in
circulation until they reach their normal end-of-life. Until a new design is
approved, we wil  continue to issue $5 banknotes in the current design as required
Q. How many banknotes with the Queen’s portrait are currently in circulation?
A. There is $1 billion worth or 205.3 million pieces of $5 banknotes currently in
circulation (end November 2022).
Q. Which Australian banknotes has the Queen appeared on?
A. Queen Elizabeth II has appeared on four Australian banknotes:
In 1953, the £1 banknote was issued with a profile portrait of Queen.
In 1966, a portrait of Queen appeared on the $1 paper banknote.
In 1992, the first $5 polymer banknote was issued with the Queen’s portrait.
In 2016, the second polymer $5 banknote was issued with the Queen’s portrait.

Q. Banknotes with the Queen’s portrait are now considered a valuable item.
Where can I buy some?
A. New $5 banknotes can be purchased over-the-counter from our Sydney and
Canberra branches. We also distribute banknotes through the major banks, so try
your bank first. However we do not guarantee you will receive a particular design
of banknote. Alternatively, you can contact a banknote and coin dealer who may
be able to assist you further.
Q. How long wil  it take to get the new $5 banknotes into circulation?
A. It will take at least three years for banknote to be designed, printed and issued
into circulation. We will share information about any design change as well as an
expected circulation date closer to the time. The current $5 banknotes can
continue to be used in transactions.
Q. In terms of the work to transition to the new $5 banknote, has the work
already started?
A. The Bank wil  begin a consultation process to determine a new design for the
D22/349548
GENERAL
5

banknote. We wil  work through the process and share information about any
design changes as well as associated circulate dates in due course.
Q. Why should you redesign a new $5 when we no longer use cash?
A. For portions of the Australian community, cash plays a significant part in their
day-to-day lives. While the role of cash in society is evolving, it is likely to remain
an important feature of the payments system and economy for the foreseeable
future.
Q. Can I suggest a certain design or theme to feature on the new $5?
A. While the Bank does welcome design suggestions from the public, we wil
consult with First Nations communities on how best to represent their culture and
history.
Q. Wil  the coin design change as wel ?
A. The Reserve Bank of Australia is responsible for Australia’s banknotes, while
responsibility for coins is vested in the Royal Australian Mint. We recommend that
you contact the Mint directly via its website o r xxxx@xxxxxx.xxx.xx
Q. Is there legislation that states that we need to include the image of the
current monarch on Australian banknotes?
A. No. Under the Reserve Bank Act 1959 the Reserve Bank of Australia is
responsible for the issue, re-issue, and cancelation of banknotes, including the
design of banknotes. There is no legislative requirement to include the monarch’s
portrait.
Q. Who wil  design the new $5 banknote?
A. Following a consultation process on the imagery for the banknote, the new $5
banknote wil  be designed in consultation with Note Printing Australia, with advice
sought from subject-matter experts and representatives of First Nations
communities.
Q. Wil  the new $5 banknote retain the same security features as the current $5?
A. These issues will be addressed in the redesign process. More information will be
provided when a new design is announced.
Q. Wil  there be a numismatic product to commemorate the reign of Queen
Elizabeth I ?
A. The Reserve Bank has no plans to issue a commemorative banknote product or
commemorative $5 banknote.
Q. I own a vending machine – how do I update its software and implement
changes?
A. I would encourage you to subscribe for our updates, which can be done at the
following link on the Banknotes website:
https://banknotes.rba.gov.au/subscription/
All information related to timelines and upgrades (including samples and test
material available) will be made available to subscribers through our email
communications. I would also encourage you to contact the manufacturer of your
vending machine, as we wil  be working closely with industry to ensure the
transition to the new design is as seamless as possible.
Q. How much does it cost to produce a banknote?
A. Information relating to the cost of banknotes is commercially sensitive. As such,
we cannot provide you with production costs of Australia’s banknotes.
D22/349548
GENERAL
6

Q. Given the decline in cash usage, would it not be more cost effective to leave
things unchanged?
A. While the Bank has sufficient stock of the current NGB5, it does not intend to
continue to reprint the current banknote. A new design wil  better reflect the
culture and history of First Nations people.
Q. Wil  there be increased interest in the existing $5 banknote as a col ectible
now?
A. We currently have no plans on releasing new commemorative $5 banknote
featuring Queen Elizabeth II. We welcome any interest in the public if they wish to
retain their existing $5 banknote in memory of the late Queen.
Q. How wil  you be sourcing the portrait?
A. The Bank has yet to decide on which design elements wil  be used.
Additional
information
- Website to be updated
- Update Q&As, in particular information related to legal tender
- Share the same messaging across all departments involved –  SD, Museum,
Banking, State Offices
Approved/finalised
Prepared by:
Banknote Strategy and Engagement
Note Issue
28 December 2022
D22/349548
GENERAL
7

link to page 16 link to page 16

7
MEMORANDUM
To:
Michelle McPhee
Date:     17 January 2023
Assistant Governor – Business Services
Groups
From:
Note Issue Department
Briefing: $5 banknote
Australian banknotes have represented First Nations people, artwork and landmarks since the issuance
of the paper decimal series in 1966. The new design of one part of one side of the $5 banknote presents
a significant opportunity for the Bank to engage in an inclusive way with First Nations people. The letter
from the Treasurer to the Governor noted that ‘the Government would be comfortable with a new design
that honours the culture and history of First Australians, assuming a proper process for inclusive
consultation is undertaken’. The Governor subsequently wrote to the Minister for Indigenous Australians
seeking  the Minister’s (and her office’s) assistance in determining how best the Reserve Bank might
undertake that consultation.
In preparation for the meeting with the Minister for Indigenous Australians, this memo attaches a note
on the historical engagement the Bank has had with First Nations artists and communities in the context
of the portrayal of the imagery of First Nations people on banknotes. It provides important context and
learnings for the approach to consultation with First Nations people.
The attached paper also outlines a number of external examples of consultation processes (here and
overseas), elements of which the Bank may wish to draw on to ensure the process is fit for purpose for
the partial redesign of the $5 banknote and inclusive of the views and expertise of First Nations people.
In contrast to Western art, artistic designs are typically  managed by First Nations people through
customary rules and codes, belonging to a community rather than an individual.1 Western copyright laws
do not protect First Nations interests, as those interests do not conform to western notions of material
assets and physical objects owned by an individual.2
Such processes can be time consuming, and there are risks that it proves too difficult to gain appropriate
agreement to a preferred choice of imagery. As outlined in the attached, during the NNS design process
the Bank had to cease a design drawing on First Nations imagery due to difficulties in getting appropriate
agreement of the custodians of the imagery.
In Australia, cultural protocols provide a framework based on ethical principles for working with
Indigenous Australians. An example of the kinds of protocols the Bank could employ during a consultation
process is provided in the attached  document. Using these protocols could  assist the Bank to better
demonstrate the Bank’s genuine commitment to the recognition of the culture and history of First Nations
people in our practices and well as on our banknotes, something we have not excelled at in the past.
Note Issue Department
1   Protecting Indigenous Intellectual Property: A Discussion Paper, Australian Copyright Council September 1998
2   Indigenous Peoples and Intellectual Property Rights – Parliament of Australia (aph.gov.au)
D23/14447
1

link to page 17 link to page 17 8
BANKNOTES AND ENGAGEMENT WITH FIRST NATIONS PEOPLE1
Australian banknotes have represented First Nations people, artwork and landmarks since the issuance of the
paper decimal series in 1966. The consultation of First Nations people in relation to the representation of their
image, artwork and traditional landmarks has focussed on the attainment of moral and copyright ownership
of pre-determined imagery rather than consultation on imagery that represents First Nations people.
This paper provides a summary of our past history with selecting banknote imagery representing First Nations
people and uses a number of examples from other organisations to inform thinking on the future approach
to consultation with First Nations people.
In addition, using protocols to guide our consultation with First Nations people – an example of which is
provided - will allow the Bank to better demonstrate our commitment to the recognition of the culture and
history of First Nations people in our practices and wel  as on our banknotes.
History of First Nations Imagery on Australian banknotes
Paper decimal $1
First issued in 1966, this banknote features representations of artwork based on the work of First Nations
artist, Mr David Malangi Daymirringu. The original image was sourced from a photograph taken by Czech
collector (and photographer) Karel Kupka, who advised the Bank that he held copyright of the images and
wanted recognition or compensation if the photographs were reproduced. The Bank did not, at the time,
engage in any consultation on the images to be used on the banknote, or their relevance or meaning to First
Nations people.
The Bank nevertheless obtained legal advice that the owner of the copyright for the images was the artist
who had produced the original painting, rather than the photographer. It has been suggested that the Bank
assumed the artist to be anonymous and long-dead and did not attempt to obtain copyright permissions.3
Two weeks before issuance (and on receipt of a commemorative album recognising his input into the
banknote design) Mr Kupka advised  the Bank that  the original artist  was  Mr  Malangi  Daymirringu.  The
expected issuance date had been the subject of a significant media campaign, given the change to decimal
currency; the banknote was issued with the ful  suite on 14 February 1966.
Six months after issuance, and following advice from the Director of Welfare in the Northern Territory, the
RBA Governor at the time,  Dr Coombs,  made a payment of $1,000 to Mr  Malangi  Daymirringu  via the
Department of Territories. On a 1967 tour of the Northern Territory, Dr Coombs presented Mr Malangi
Daymirringu  with a gift of fishing equipment and a medal ion commemorating his contribution to the
Australian $1 banknote.
Bicentenary $10
In 1988 the Bank issued a limited number of $10 polymer banknote. On one side of the banknote First Nations
cultural imagery was featured, of which a key element was the Morning Star pole on public display in the
Australian Museum. The Director of the Museum advised the Bank that the Aboriginal Artists Agency (AAA)
could assist with arranging copyright permissions with the artist on behalf of the Bank. There was no initial
consultation undertaken to understand the appropriateness of using the image; the focus of the engagement
with the AAA was on seeking copyright permissions alone.
While the AAA obtained an official licence from the artist, Mr Terry Yumbulul, it was a template document
used by the AAA for all artists it represented. The agreement did not mention the use of the imagery on a
banknote, or the involvement of the Bank, although it did grant the agency the right to ‘reproduce my work
by mechanical reproduction throughout the world and to license others to do so.’
To address the specific use of the Morning Star pole by the Bank on a banknote, the Bank entered into a sub-
licence agreement with the AAA. The AAA nominated a fee of $1,000 for reproduction of the Pole and $850
1   I would like to thank
for their input into this note
3   Currency Magazine, September 1999, Decimal Memories, p14-15
D22/348670
GENERAL
1

link to page 18 link to page 18 was to be transferred to the artist as per their agreement. The $1,000 fee was in line with those paid by the
Bank for other design elements on the banknote.
Following issuance, Mr Yumbulul was criticised by other members of the First Nations community for allowing
the reproduction of a cultural y significant object on a banknote. Mr Yumbulul claimed he had been unaware
that the agreement he had signed was for reproduction of the work on a banknote. In September 1988, the
Bank was contacted by solicitors representing Mr Yumbulul, claiming that he had not authorised the AAA to
license to the Bank the Morning Star Pole image and that its reproduction was an infringement  of his
copyright. The Bank negotiated with a number of different legal representatives of Mr Yumbulul over the
next two years and the case went to court. In November 1990 the Bank reached an out-of-court settlement
and paid
to Mr Yumbulul. While the case was settled during proceedings the Judge in the case noted
that it demonstrated the ‘…difficulties that arise in the interaction of traditional Aboriginal culture and the
Australian legal system relating to the protection of copyright and the commercial exploitation of artistic
works by Aboriginal people’.5
New Note Series $5
The preliminary design for the New Note Series $5 (NNS5) included Queen Elizabeth II on one side of the
banknote and Uluru on the other side. Initial y, the Bank understood that if the design was not based on
someone else’s photograph of Uluru it would not pose a copyright risk. However,  to avoid reputational
damage, the Bank approached the Copyright Council and the Aboriginal Arts Council of Australia for guidance.
Both organisations confirmed that no copyright issue would arise.
In May 1988 the Department of Aboriginal Affairs facilitated a discussion in Alice Springs between the Bank
and some members of the Mutitjulu community on the use of the image of Uluru on the $5 banknote. The
community  expected to be consulted as the design for the banknote progressed and in June 1988 the
Department of Aboriginal Affairs recommend the Bank seek formal clearance from the Mutitjulu Community
Corporation and the Pitjantjatjara Land Council before proceeding with the design.
The dialogue continued between the Bank, the Department of Aboriginal Affairs, Aboriginal Land Council’s
and  the Mutitjulu people, yet a formal agreement seemed unattainable. The Bank became increasingly
concerned about the time critical nature of the discussion, as well as the mounting sensitivities evident in
the discussions.  Ultimately it was decided to seek an alternative design and by early 1989 the proposal to
use Uluru was withdrawn.
New Note Series $20
The preliminary design concepts for the NNS20 depicted Yirrwala6, a noted First Nations artist from the
Kunwinjku people of the Marrkolidjban region in the Northern Territory. The design included artwork by him
which was owned by the Bank. The photograph of Yirrwala that was proposed as a source image was owned
by Sandra Holmes, a Darwin resident who had been a patron of Yirrwala’s while he was alive and now owned
the copyright to many of Yirrwala’s works.
The Bank engaged the AAA and was advised that Ms Holmes had previously undertaken legal action against
some users of Yirrwala’s work. In addition, while the Bank had purchased the painting from which the design
was to be reproduced from Mrs Holmes herself, and the receipt of sale included an assignment of her ‘right
title and interest’, the legal rights of reproduction remained unclear. Another key work was held by the
Australian National Gallery and a process of copyright confirmation would need to be undertaken to include
this work, in addition to the use of the photograph owned by Mrs Holmes and the artwork purchased by the
Bank.
Ultimately, in February 1990, the risks of copyright infringement and the potential for a legal dispute deterred
the Bank from the pursuit of this imagery and the design was withdrawn from consideration.
New Note Series $50
The  NNS50 banknote was the first time a portrait of a recognised  First Nations  person was used on a
banknote. Artwork representing (and drawn by) members of David Unaipon’s community – the Ngarrindjeri
5   Indigenous Peoples and Intellectual Property Rights – Parliament of Australia (aph.gov.au)
6   Known as Yirawala when alive
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link to page 19 people – was also used in the broader design. Due to the sensitivities in reproducing deceased First Nations
people on the banknote, the Bank sought guidance from the Aboriginal and Torres Strait Islander Commission
(ATSIC) on the selection process and consideration of relevant cultural aspects. ATSIC responded with a
selection of three potential candidates, of which the Bank chose Mr Unaipon. ATSIC representatives liaised
with Mr Unaipon’s community to determine who owned copyright of his work and advised the Bank that
was the closest living relative of Mr Unaipon. The Bank then consulted with
and paid
$2,000 for the copyright of an excerpt of Mr Unaipon’s manuscript ‘Legendary tales of Australian
Aborigines’.
After issuance, the Bank was approached by
who claimed to be Mr Unaipon’s relative and
seeking compensation for the unauthorised use of Mr Unaipon on the NNS50. Assistant Governor Bob Rankin
met with
. While
threatened legal action against the Bank, ultimately no action
was taken.
Sometime later, in 1998, the Bank was contacted by
who wished to
advise the Bank that   was liaising with the State Library in relation to the copyright ownership of Mr
Unaipon’s works and had heard that the Bank wished to publish the Unaipon Manuscript (in full). There was
some concern within the Bank at the time that copyright ownership issues would be raised, and that as the
owner of the last paragraph and Mr Unaipon’s signature the Bank may become embroiled in a court case,
however no legal action (nor publication) was taken.
Next Generation Banknote $50
Although the NGB50 used the same portrait of Mr Unaipon from the NNS50, the portrait was redrawn and
new images chosen for the accompanying narrative elements. The Bank worked closely with a subject matter
expert on Mr Unaipon, Dr Karen Hughes,  as well as an artist and Ngarrindjeri woman Mrs Muriel Van der
Byl8.
One of the proposed narrative elements consisted of a painting by Mrs Van der Byl. Although this narrative
element remained on the banknote until the sign-off stage, it was ultimately removed from the banknote
after Dr Hughes and other experts considered that some members of the wider First Nations community
could object to the painting’s similarity with Arnhem Land rock art. Other drawings produced by Mrs Van der
Byl were used instead.
In February 2018
contacted the Bank to complain about the representation of Mr Unaipon on
the banknote, and advised that   found the portrait both ugly and offensive.
was angry that
had not been consulted on the portrait update for the new NGB series;   believed that the Bank had only
consulted with Dr Hughes and not any members of Mr Unaipon’s family.   was also disappointed that the
Bank did not request   own artwork to be featured on the banknote.
spoke with the then
Head of Note Issue, Michael Anderson and advised him that   had spoken to ‘a number of papers’ although
no stories were published.
made multiple complaints to the Bank and in October 2018,  Assistant Governor Lindsay
Boulton and Head of Note Issue Melissa Hope both met with
to discuss   concerns. Following
this, the Bank was contacted by legal representatives of
, who stated that
was
clearly upset about the new $50 banknote, although   viewed it as a cultural sensitivity issue rather than a
legal issue. The Bank nevertheless provided
legal representatives with information relating
to the assignment of copyright. To date, no further contact has been made with the Bank by either
or   legal representatives.
General principles and lessons from these processes
From the Bicentenary  $10 banknote onwards, the Bank  has  attempted to follow correct procedure in
obtaining copyright permission, although consultation with  First Nations people  on the actual  imagery
portrayed on Australian banknotes  was limited  to the NGB50 banknote.  In  particular, the  result of the
experience with the Bicentenary $10 banknote was a considerable amount of negative press for the Bank
8   Also referred to as Mumthelang
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link to page 20 and significant legal expenses. In response, the Bank concluded direct confirmation from the artist that use
of their material was permitted should be obtained (rather than from an agent or intermediary) and although
it was significantly limited – and ultimately cut short – in the New Note Series the Bank did attempt engaging
with the Indigenous community that owned the copyright to the image of Uluru.
The various issues that copyright and moral ownership raised throughout the development of the New Note
Series (the NNS20 and NNS50) reinforced the view that copyright matters should be investigated at the
preliminary design stages, thereby allowing time for the designs to be altered if the copyright was too difficult
to obtain or fees were considered too high. The Bank did apply the lessons of these past experiences and the
facilitated consultation for the NGB $50 banknote with the community and artists from the Ngarrindjeri
community proved a more successful experience.
By itself a consultation process does not guarantee that the complexity of some of these issues can always
be resolved. However effective, appropriate consultation, guided by representative Indigenous bodies and
undertaken with genuine intent, will assist the Bank moving forward.
Other examples
In reviewing the Bank’s past approach in interacting and dealing with artwork, motifs and cultural artefacts
produced by First Nations people, it is obvious that the process can be complex and that the subject matter
is often highly sensitive to the First Nations people involved.
There are a range of alternative approaches that other agencies have taken in consulting with First Nations
people - and more generally on the development of banknotes - that may help guide the Bank in consulting
on any proposed banknote imagery.
Note Printing Australia: process for Australian passport imagery
Since 2002, Note Printing Australia (NPA) have been designing and manufacturing Australian passports for
the Department of Foreign Affairs and Trade (DFAT). During 2015 NPA was tasked with developing sourcing
images for the new R series passport, including images of Australian landmarks, flora and fauna.
NPA worked closely with the Australian Passport Office (APO) to agree a theme and then a variety of images.
The themes/images were selected  using some key principles, including equal state and territory
representation; recognisably Australian imagery; a range of landscapes; and nothing offensive. Refining the
imagery and agreeing it with the APO took approximately 18 months. NPA then sourced a range of landscape
images. Initially, NPA intended to use photographs held by Getty images, but ultimately decided that images
sourced through a professional photographer would produce a better outcome.10 An agreement was put in
place to allow NPA to use and modify the commissioned images.
In advance of the photographer taking the images, NPA obtained consent from the relevant Aboriginal Land
Council (ALC) for each region. This process was unique to each Land Council, and as such took varying
amounts of time and input. In most cases, this was straightforward and took approximately three months,
although the processes of some ALCs were more involved and time consuming than others. There was only
one Council that refused permission and in this case, an alternative subject was chosen.
Some First Nations artwork from the P series passport (for example the mosaic on the Parliament House
forecourt, designed by Kumantje Jagamara AM – previously Michael Nelson Jagamara) was used in the R
Series. To facilitate the use of First Nations artists’ work, NPA utilised the AAA, which worked with the artists
or those who held the moral rights to their work (usually relatives) and developed a new license as well as a
deed pol  that provided consent in relation to Copyright and Moral Rights. The agreement included the raw
image and the modified image.
10 NPA needed to be able to alter and reproduce the Getty images and had to negotiate changes to Getty’s standard terms and
conditions.
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Indigenous Protocols: improving the consultation process
In the overview above, it is clear that the use of certain imageries (e.g. sacred or secret) is highly sensitive to
the community, and it is easy to unwittingly misappropriate imagery. Even in the most recent use of
Aboriginal imagery – David Unaipon on the NGB50 – the Bank received complaints from members of the
community who were upset about cultural insensitivity. The Bank’s response was provided from a legal
standpoint, which, while effective in that no further contact was made, risks the Bank being seen as
contributing towards an oppressive paradigm which is insensitive to the concerns of the First Nations people
it seeks to honour.
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link to page 22 link to page 22 Artistic designs are managed by First Nations people through customary rules and codes, belonging to a
community rather than an individual.13 Western copyright laws do not protect Indigenous interests as those
interests do not conform to western notions of material assets and physical objects owned by an individual.14
In Australia, cultural protocols provide a framework based on ethical principles for working with Indigenous
Australians. Cultural protocols are generally closely aligned with the United Nations Declaration of the Rights
of Indigenous Peoples which the Australian Government supported (but did not ratify) in 2009. The principles
enshrined in the Declaration are: self-determination; participation in decision-making; respect for and
protection of culture; and equality and non-discrimination.
A wide variety of public sector agencies have Indigenous Protocols in place, both at Federal and State
Government level. The intention of these Protocols is to guide each respective agency’s engagement with
First Nations people to ensure First Nations people are represented in agency decision making and service
provision. For reference, a high-level overview of the Australian Council for the Arts’ Protocols for using First
Nations Cultural and Intellectual Property in the Arts is included below:
This protocol consists of nine principles that endorse the rights of First Nations people to their cultural
heritage and supports First Nations creative practice.
1. Respect: refers to accepting diversity and respecting the right of Indigenous people to own and control
their heritage.
2. Indigenous control: refers to the right of Indigenous people to control the use and expression of their
cultural heritage.
3. Communication, consultation and consent: refers to communicating and consulting with Indigenous
people in authority on the representation and use of their cultural expression, and informing them of
the implications of their consent.
4. Interpretation, integrity and authenticity: refers to undertaking consultation with Indigenous people
on the representation of their Indigenous heritage in order to ensure that representations of Indigenous
cultures are authentic and made with integrity.
5. Secrecy and confidentiality: seeks to protect Indigenous cultural material that is not suitable for wide
dissemination on the grounds of secrecy and confidentiality.
6. Attribution and copyright: refers to obtaining appropriate copyright and moral rights. Indigenous
people should be accorded proper acknowledgment for their contribution to the development of a work.
7. Proper returns and royalties: refers to ensuring that Indigenous people receive proper returns for their
contribution and the use of their cultural material.
8. Continuing cultures: recognises that Indigenous cultures are dynamic and evolving, and the protocols
within each group and community wil  change over time.
9. Recognition and protection: refers to the right of Indigenous people to have their Indigenous heritage
protected and respected.
Banknote Strategy and Engagement
Note Issue Department
23 January 2023
13 Protecting Indigenous Intellectual Property: A Discussion Paper, Australian Copyright Council September 1998
14 Indigenous Peoples and Intellectual Property Rights – Parliament of Australia (aph.gov.au)
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9
From:
LOWE, Phil
Sent:
Thursday, 2 February 2023 8:29 AM
To:
All RBA Staff
Subject:
New $5 banknote design [SEC=OFFICIAL]
This email is to let you know that this morning we will be announcing that the $5 note will be redesigned.
The side of the note that currently features the portrait of the late Queen Elizabeth II will be redesigned to honour
the history and culture of the First Australians.  The other side of the note will continue to show Parliament House,
but there are likely to be some changes to the background colour.
This decision was taken by the Reserve Bank Board and follows the consultation that I have undertaken with the
Government, which supports the change.  I have also had a conversation this week with Linda Burney, Minister for
Indigenous Australians, who is providing advice regarding the consultation with First Australians about the new
design.
This decision is likely to generate a lot of publicity and you may get feedback from family and friends.  From my
perspective, it is the right decision and it will continue the long tradition of the RBA honouring the First Australians
on our banknotes.  I am confident that the design team will develop a banknote that we can all be proud of.
Phil
Philip Lowe | Governor
RESERVE BANK OF AUSTRALIA | 65 Martin Place, Sydney NSW 2000 Australia
| w: www.rba.gov.au
1

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