Ms O’CONNOR – Minister, I want to take you to the case of ZAB. ZAB was a victim of the notorious paedophile John Wayne Millwood. ZAB was awarded, by Chief Justice Blow of the Supreme Court of Tasmania in December of 2021, a judgment in his favour, with civil damages to be paid by John Wayne Millwood of more than $5 million. What followed was a scandalous episode, where institutions for which you were responsible as Arts Minister effectively traded in the colonial art assets of a convicted paedophile. You don’t know about this story.
Some of John Wayne Millwood’s extraordinary collection of colonial art while he was subject to civil proceedings was purchased by the Tasmanian Museum and Art Gallery, the Queen Victoria Museum and Art Gallery, the Allport Library and Museum of Fine Arts, The Maritime Museum of Tasmania, the John Glover Society was involved, Woolmer’s Foundation, Risdon prison, Premier and Cabinet.
What happened – and TMAG was at the centre of this – was that while there were civil proceedings underway, John Wayne Millwood, through his family, was divesting his colonial art, and there was a feeding frenzy on that art by arts institutions in Tasmania. As a constant – don’t smile.
Ms OGILVIE – Big call.
Ms O’CONNOR – The evidence trail is really clear, and it’s actually the subject of federal proceedings.
Ms OGILVIE – Feeding frenzy.
Ms O’CONNOR – Well, it was a feeding frenzy.
CHAIR – Let’s get to the question, please.
Ms O’CONNOR – All of John Wayne Millwood’s colonial art was bought up, including by TMAG. As a consequence, the victim, ZAB, got not a single cent, because after Millwood sold his art, he declared himself bankrupt. Do you think it’s good enough that our cultural and artistic institutions are purchasing colonial artworks from a convicted paedophile while there are civil proceedings underway?
Ms OGILVIE – That was a very long statement followed by a question which – my heart goes out to anybody who’s been affected by the sorts of crimes that you’re talking about. It’s –
Ms O’CONNOR – This is a matter of public record.
Ms OGILVIE – Yes, and those things have been so much in the public ether over the last few years, as we as a government have worked through a commission of inquiry and other work that we have done in this area. So, I want to just say that, first of all. But secondly, in relation to anything TMAG may or may not have done in procurement processes, that is a question I think that TMAG is ready, willing and able to answer.
Ms O’CONNOR – I’m very happy for TMAG to answer. If I should just let you know that TMAG was put on notice by letter by the victim in May of 2019, with the subject line ‘Claim for damages for personal injuries against John Wayne Millwood’, and TMAG was told that civil proceedings against Millwood were under way and that TMAG should not hinder those proceedings by dealing with Millwood’s collection, and yet, TMAG did.
Ms OGILVIE – Well, through me, I would ask Mary, if you’re available to speak to that? Thank you.
Ms MULCAHY – Through you, minister: TMAG has not acquired any items from the state collection from Millwood or his named associates. We have had a number of – we did borrow a couple of works from his daughter for an exhibition, which were returned to his daughter once that exhibition had been finished. We do not have any – we have not purchased any material from Millwood or his family or his associates.
Ms O’CONNOR – Okay, then. And you haven’t – have you had any further contact with Millwood’s family in relation to his daughter Sarah’s colonial collection?
Ms MULCAHY – Not since – so, the exhibition was Paradise Lost, and that loan concluded on 31 October 2021, and we’ve not had any further contact with his daughter, as far as I’m aware. We are assisting the Department of Justice because – in this matter. So, there’s a letter that’s been sent through, so we’re assisting the Department of Justice at the moment.
Ms O’CONNOR – There is a letter that’s been sent through, but we have certainly corresponded with the Attorney‑General on this matter and haven’t had an answer yet on behalf of the victim, ZAB. I guess, minister, to you, it raises a question of ethics and probity. If there are civil proceedings under way and there’s this trove of colonial works, do you agree that it is not ethical or proper for our arts and cultural institutions to be seeking to obtain these assets – and it’s not just TMAG; I went through the list before – when there are civil proceedings underway such as this? And, can you have a look at these and make sure we tighten up the processes?
CHAIR – Can I just remind the member that this line item is TMAG? TMAG have addressed that question, and I think you’ve made an allegation about TMAG that’s been refuted. So, I think we need to be very cautious about other entities here, when this line item is around the funding of TMAG.
Ms O’CONNOR – Thank you. I put the question on the basis of TMAG’s past actions to the minister – and now it’s been clarified by TMAG, but I put the question on behalf of the victim of John Wayne Millwood.
Ms OGILVIE – It’s fine to ask. No problem with asking. And look, I will just step into the fray a little bit and say for those at the table, you might not be aware, but my first degree was in history and classics. I wanted to be a curator, and I have worked in international cultural heritage space internationally with UNESCO as well.
These issues that you raise are real and they are global and they’re substantial, and what I endeavour to do always on the art side is to work with the museum and art gallery to make sure that they have best practice in place, given we’re always short of resources as well. So, I think – I acknowledge the concern. I also acknowledge the heartbreaking story that you’ve shared, because that’s just dreadful; but it does seem to me in this situation we’re in a sensible position.
Ms O’CONNOR – Okay, I’m going to follow this up with you, not at the table as minister, because there is a number of alleged facts which have been put on record, and some of them are subject to federal proceedings, that I want to draw to your attention.
CHAIR – Let’s be cautious about that, then, going near those.
Ms O’CONNOR – I do understand this. I am being very cautious about it, which is why I’m asking at an Estimates table carefully, and particularly in light of the fact the Attorney‑General hasn’t responded to a letter we sent some two months ago.
Ms OGILVIE – Okay. Well, I wasn’t aware of that. But look, I’m always happy to chat with you, if there’s things that we can help actual real people with that make their lives better. But if things are before the courts, we obviously take great care.
Ms O’CONNOR – Well, that’s the bankruptcy case. That’s a different aspect of the same thing.
Ms OGILVIE – I don’t have the file, so I’m not sure where all the elements line up.
