Hello Simon,

I am still not in a position to send you the formal letter and I apologise for this.

I now expect to be able to do it on Monday next. In the mean time I suggest you work on integrating the information you gave the committee in your most recent letters into the application for Hum. Res.Ethics approval.

I will write to both the Chair of higher degrees and to the University Librarian.

regards, Adrienne

Adrienne

Great - no problem at all.

However, I will need from you:

1. For the recourse statement: The offical RMIT HREC contact name title + phone + email + fax and address.

2. An official letter from the RMIT HREC to the Chairman of the RMIT HDC and to the RMIT Librarian requesting that the link between the two sites be established. If the Committee wants this as part of the site, then I may have to establish the link before I submit as the material will be burned onto an CD-ROM in order to ensure it is not tampered with. If not then then the Library will only act on instructions from the HDC - not from me.

Thank you for all your help, patience and kindness in this matter.

Regards Simon Pockley

Hello Simon,

I am seeking feedback on my wording at this stage and so will not write an offocial letter yet.

Conditions v briefly:

That you submit a new application form completed and signed off by your supervisors etc which integrates what you told us in your subsequent letters with what was in the original form.

That once PhD is examined a link be established between the immutable version held on line in the library enabling viewers to switch to the changeable version you maintain elsewhere:

That you include an invitation for dialogue with you in the event of concern about material on the site. As a recourse (only if matters not resolved satisfactorily by that dialogue) there be advice that people may contact the Secretary RMIT Human Research Ethics Committee. (A "recourse" sentence is routinely included in the Consent Forms when research projects are approved by the Committee)

I want my understanding of the decision to be checked by those most involved in it . Above is what I believe the committee intended but it may be amended when I receive feedback.

regards, Adrienne

Adrienne

If you have time, I would be grateful if you could let me know the outcome of the meeting on the 27th.

I understand from Rev Jim Barr (who kindly rang me) that there were a number of conditions I need to meet before approval can be granted. Unfortunately his phone ran out of battery life before he could tell me what these conditions were.

I've been in suspense - waiting until you were at work again.

Regards Simon Pockley

Adrienne

Thank you for your phone call last night.

As you know my supervisors and I are anxious that the ethical concerns surrounding `The Flight of Ducks' will be resolved at the meeting on the 27th May.

If you or the Chairman are aware of any issues covered in your letter of May 5 that have not been addressed in my reply or issues that are concerns of any members of the Committee that are not in your letter of May 5, would you communicate them officially to both me and my supervisors?

I ask this so that there is nothing left outstanding and that the RMIT HREC has everything to hand that it might need to approve the project at this meeting.

Regards Simon Pockley

Adrienne

Many thanks for the copy of the terms of reference under which the RMIT HREC operates. I am looking forward to hearing exactly what the Committee's concerns are regarding `The Flight of Ducks'.

Further to my message which I asked you pass on to Don Grose (April 30th), there has been some discussion about the last two statements before we left the room.

These were: ... as best I remember

1. (from a member of the committee sitting to the left of Rev Jim Barr - possibly Ms Kirby or Ms Lancefield)

"show me a way we can give you a Ph.D. when the horse has already bolted"

2. (from Prof. Ian Bates)

"I found the project interesting. It seems to me that you have only one problem - and that is the RMIT HREC."

Expedition of this matter will not be assisted by revisiting these remarks but seeing that they are the subject of some discussion, may I request that they appear in the minutes.

Am I allowed copies of these minutes (see: email `RMIT HREC' May 1st)?

Regards Simon Pockley

Adrienne

1. Do you know where I could find a copy of the statute under which the RMIT HREC operates?

In particular, I would like to know its area of authority, the roles of committee members, and if there are any expeditory clauses in the statute.

2. Would it be possible to have transcripts of the minutes of the meetings where my project has been discussed?

Regards Simon Pockley

Adrienne

I am surprised not have heard any word from you about the outcome of the meeting. Naturally I am eager to know and the silence is making me uneasy.

I do not think it fair or reasonable that the RMIT HREC should allow these issues to remain unresolved for so long. I have been waiting since January for some form of resolution. I am now worried that if there is any more delay my examiners in America will no longer be available until the next academic year in September which pushes my examination into 1999. It also means that I will have to pay out another $1,200.00 in HECS fees. Please be aware that I have put every waking moment of the last 3 years into this project and that now my life is on hold while I wait.

Regards Simon Pockley

Adrienne

I'm not sure what happens now or when you let me know the result of the meeting.

Of course I am now full of all the things I should have said but did not think of at the time. I need to say them now.

If you could pass the following on the Chairman Don Gross - I would be grateful:

----------------------------------------------------------------

Overall I came away feeling that there was still a huge misunderstanding about this project. I was quite alarmed at one of the last questions which went (as best I remember):

"show me a way we can give you a Ph.D. when the horse has already bolted"

Surely the members of the RMIT HREC realise that they do not give out Ph.Ds. That is for the Higher Degrees Committee to decide if and when I can be examined. It is true that the guidelines were not sufficiently worded to accommodate such work and the project was completed before it came to the attention of the Committee but we cannot change this. The head of department apologised.

What I thought was being considered by the Committee was: have I behaved ethically during the course of this project. To this end, I think I have to state clearly again:

1. There is no secret or sacred material on the site nor is there material which is likely to become secret or sacred.

2. Copies of the journals and photographs have been in Aboriginal hands now for nearly 3 years.

3. The site is used as a primary historical resource about intercultural contact and can be accessed through Aboriginal sites.

4. Consultation with Aboriginal interests has been taking place for over 3 years and continues.

5. The publication of the material complies with the ATSIP protocols recognised thoughout Australia as the primary protocols for dealing with archival material of this nature.

I should have asked the Committee if any of its members had been to Central Australia. Taken photographs? Bought any objects? Sent postcards? Kept a journal?

This is what my father did in 1933. He was only 20. He did not conduct experiments. He saw no secret or sacred ceremonies. He was not taken into Aboriginal confidence about restricted information. He did not steal anything. He bought artefacts from the people who offered them to him. I guess he was what today is called - a tourist. But the experience was to change his life. He went back as a opthalmic surgeon to treat and diagnose eye diseases in Aboriginal communities (free of charge).

I have used this collection to create structures for digital preservation and for restricted access should the need arise. Please do not confuse this work with some imagined affront to Aboriginal culture. If anything - this work honours and recognises the cultural sensitivities inherent in cultural diversity.

Regards Simon Pockley

Adrienne

1. I have been informed by the Postgraduate Association that I am supposed to be represented at the meeting on the 29th April by my Faculty Ethics Representative who is required to plead my case.

Is this true?

I contacted Dr John Storey (my representative) but I obviously cannot speak to him (or he to me) if he is not required to represent me.

2. Thank you for your letter of the 7th April. Requesting that I block access to The `Flight of Ducks' on the Cinemedia server.

I simply do not have the authority to dismantle an integral part of Cinemedia on-line.

As you are no doubt aware, I have been responsible for making the development of cultural sensitivity policy a priority in a number of organisations. Cinemedia is one of them. There is nothing quite like a practical example (such as your request) to assist in this process. It would hasten the development of such a policy if you would put the request (to dismantle or block `The Flight of Ducks') to either John Smithies (Executive Director) or Robin Wright (Cinemedia On-line) at Cinemedia.

3 Treasury Place East Melbourne Victoria 3002

Please note that there are already appropriate levels of restricted access in place:

a. There is no secret/sacred or restricted material on the site.

b. Access to the site is effectively blocked for anyone using the PICS filtering architecture who does not want to view Aboriginal material. This has been one of the outcomes of my research: one is able to choose what kind of material one wants to access.

c. Metadata used is entirely consistent with the Aboriginal and Torres Strait Islander Protocols (ATSIP) under which the National Library of Australia operates.

d. The warning screens that I use in the site are consistent with the warning screens used at the head of Aboriginal film and video material displayed through Cinemedia.

e. If you think of `The Flight of Ducks' as a documentary through which people (both aboriginal and non-aboriginal) can talk back you will begin to understand how important access is to the site. My consultation with Aboriginal groups in central Australia is an on-going process which relies on continuous access to `The Flight of Ducks' at Cinemedia.

For example, I was speaking to Gus Williams (an Aboriginal elder in possession of a print-out of aboriginal material) at Hermannsburg only last week and he was still trying to find time to view the site on-line. If the site is dismantled this will put an end to the process of on-line consultation which has taken me years to achieve.

3. Hope you found my completed Application to the RMIT HREC on the 15th.

Hope to hear from you soon.

Regards Simon Pockley

Robin

You may remember that just before Christmas there was a storm in a teacup over `The Flight of Ducks' and Aboriginal material. Since then the RMIT Human Research Ethics Commitee have embarked on a witch hunt which has resulted in the postponement of my examination (scheduled for Jan 8th) and my having to re-enroll at RMIT and pay HECS fees while I wait. Recently, they have requested that I dismantle the site. They will not give any reason for this request. It seemed to me a fair compromise that I remove `The Flight of Ducks' from the RMIT server.

Keep in mind that the current site and various archives of it run out the main catalogue of the National Library of Australia. At the NLA `The Flight of Ducks' is accessible to anyone and it comes under the Aboriginal and Torres Strait Islander Protocols under which the library operates (ATSIP). I will give you a copy of a letter of support from the NLA.

The RMIT Human Research Ethics Committee have now requested that I dismantle the Cinemedia site. It is my belief that this committee has it's wires crossed about the nature of my research and the site itself (there is no evidence that they have actually looked at the site). It is a bit like Paul Resnick (PICS) being accused of being a pornographer because he has evolved a means of filtering pornography out.

I propose to refer their request to you (Cinemedia). If nothing else this will help to clarify (create) Cinemedia's policy about material running out of its server (it is pretty curly stuff). Hopefully, Cinemedia will choose the same path as the NLA and support my work - even write a letter expressing opinions about the value of my input and presence of the site.

Obviously we will need to talk soon.

Regards Simon