Authenticating artworks can be difficult in the absence of reliable records. Record artwork prices at auction and sales through galleries incentivises criminal practices by exploiting vulnerabilities intrinsic within the process of provenance records. Consequently, falsifying provenance documents is a common method for legitimising and enabling the sale of stolen or forged art. In this context, and utilising Cohen and Felson's crime triangle concept, an absence of capable guardianship arguably occurs when provenance research is inadequate, facilitating criminal activity. The ability to authenticate an artwork provides a key art crime prevention strategy to constrain illegitimate art from entering legitimate art collections. Using a case study research method, this paper investigates the contemporary conditions in which provenance research is performed. Future directions of provenance research practices are also discussed, including the increased use of databases and the emerging role of blockchain technology.

The purpose of this Thesis by Publication is to examine the maltreatment of cultural heritage protection policy, legislation and procedures - with a focus on stolen and fraudulent artworks and ineffective management practices. It was precipitated by the 2012 revelation that the National Gallery of Australia (NGA) had acquired allegedly looted Indian antiquities in 2008, including an ancient bronze sculpture of a Hindu deity called the Dancing Shiva (Boland and Maher 2014).

Applying a qualitative case study method and analysis of open-source data, a range of case studies are explored in the published papers to provide a holistic view of cultural heritage protection issues. Of particular significance are two Australian case studies: the National Gallery of Australia’s 2008 acquisition of an allegedly looted Indian antiquity, the Dancing Shiva, and Rio Tinto’s disastrous blast of sacred sites in Western Australia’s Juukan Gorge in 2020. This study proposes that both cases can be considered landmark events, redefining ‘best practice’ for cultural heritage protection for collecting institutions and corporations.

The study reveals that the key contributing factors to the maltreatment of cultural heritage protection was a lack of transparency and collaboration between source countries and collecting institutions, and between Traditional Owners and corporations. The study also reveals that, paradoxically, the strengthening of transparency and collaboration provided (and continues to provide) a way forward for these entities to exercise best practice in managing cultural heritage.

Purpose - This paper aims to explore how stolen Indian antiquities were purchased by a major Australian collecting institution, despite cultural protection policies designed to prevent such inappropriate acquisitions. Using the acquisition of the Dancing Shiva as a case study, the purpose of this paper is to examine how collecting institutions such as the National Gallery of Australia experience difficulty when determining legal title through provenance research. The impact of incautious provenance research produces significant risk to the institution including damaging its social responsibility credentials and reputation when the acquisition is discovered to be stolen.
Design/methodology/approach - This research applies a qualitative case study method and analysis of sourced official policy documents, personal communication with actors involved with the case, media reports and published institutional statements.
Findings - This work identifies four contributing factors that resulted in the National Gallery of Australia’s acquisition of stolen Indian artefacts: a misguided level of trust of the art dealer based on his professional reputation; a problematic motivation to expand the gallery’s Asian art collection; a less transparent and judicious acquisition process; and a collaboration deficiency with cultural institutions in India. Crime preventative methods would appear to be a strategic priority to counter art crime of this nature.
Research limitations/implications - Additional research into how collecting institutions can be effectively supported to develop and implement crime preventative methods, especially less-resourced institutions, can potentially further enhance cultural heritage protection.
Practical implications - Fostering a higher degree of transparency and institutional collaboration can enhance cultural heritage protection, develop a greater level of institutional ethics and social responsibility and identify any potential criminal activity. Changing the culture of “owning” to “loaning” may provide a long-term solution for cultural heritage protection, rather than incentivising a black market with lucrative sums of money paid for artefacts.
Social implications - Art crime involving the illegal trade of antiquities is often misinterpreted as a victimless crime with no real harm to individuals. The loss of a temple deity statue produces significant spiritual anguish for the Indian community, as the statue is representative not only of their God but also of place. Collecting institutions have a social responsibility to prioritise robust provenance policy and acquisition practices above collection priorities.
Originality/value - Art crime is a relatively new area within criminology. This work examines issues involving major collecting institutions acquiring stolen cultural heritage artefacts and the impact art crime has on institutions and communities. This paper unpacks how motivations for growing more prestigious collections can override cultural sensibilities and ethical frameworks established to protect cultural heritage. It highlights the liabilities associated with purchasing antiquities without significant due diligence regarding provenance research and safeguarding cultural heritage. It also emphasises the importance for collecting institutions to establish robust acquisition policies to protect the reputation of the institutions and the communities they represent.

Purpose - In 2020, mining activity by Rio Tinto destroyed rock caves in Western Australia's Juukan Gorge that are considered sacred sites by the First Nation Peoples of that area, the Puutu Kunti Kurrama and Pinikura (PKKP) Peoples. This paper examines the public response to the damage caused at this culturally sensitive site and identifies cultural heritage protection strategies that emerged in the aftermath of this catastrophic event.
Design/methodology/approach - This research applies a qualitative case study method and analysis of open-sourced official policy documents, media reports and published institutional statements.
Findings - The research identified specific cultural heritage protection strategies, including stakeholder-driven advocacy and shared values approach to business practices to help foster a greater appreciation of the connections between people, objects and lands. Whilst the mining activities were considered lawful, significant gaps in the legislation to protect heritage sites were also exposed.
Originality/value - Using a recent case that occurred in 2020, this paper unpacks how the motivations for accessing minerals can override cultural sensibilities and legal/ethical frameworks established to protect cultural heritage. This paper brings to light the liabilities associated with the mining industry when operating in a culturally significant environment where appropriate due diligence to manage cultural heritage is not thoroughly applied. The paper highlights the role the community can play in demanding improved corporate social responsibility which can, in turn, act as a strategy for cultural heritage protection.