1. Purpose

The purpose of this policy is to set out the Tasmanian Museum and Art Gallery (TMAG) principles and guidelines for the management of incoming and outgoing loans and to:

  • ensure that quality objects, specimens and art works are available for exhibitions or research
  • ensure that the outcomes of public programs are achieved
  • improve research outcomes
  • ensure that any items on loan are held within a safe, secure environment and without undue risk of damage

The objectives of the Loans Policy are to:

balance the risks and costs associated with loans

regulate inward loans to TMAG

regulate outward loans from TMAG

provide guidelines for unclaimed inward loans

2. Scope

This policy applies to the temporary outward movement of material from TMAG’s collections, and the inward movement of material from other institutions or private lenders to TMAG for the purpose of public exhibition or research. The loans are referred to as ‘outward loans’ and ‘inward loans’ respectively.

3. Rationale

The main objectives of TMAG are set out in Section 5 of the Tasmanian Museum and Art Gallery Act 2017 (“the Act”). These include:

  • 5(c) exhibit, promote, disseminate and otherwise make available the TMAG collections, and from time to time, material loaned to TMAG by other institutions; and
  • 5(d) exhibit, promote, disseminate and otherwise make available information relating to the work of TMAG

Section 9 of the Act sets out the powers of the Board of Trustees of the Tasmanian Museum and Art Gallery (“the Board”) including:

  • 9(1)(c) enter into cooperative arrangements with other museums, galleries and institutions, whether in Australia or elsewhere, including arrangements for the loan of exhibits or collections; and
  • 9(1)(d) control access to and the uses to be made of TMAG premises and the TMAG collections

The inward and outward loans program is an important component of supporting TMAG’s objectives.

Loans provide an opportunity to enhance knowledge for exhibition and research purposes, which in turn improves and enhances the value of experiences and research presented by the institution. TMAG is committed to reciprocating inward and outward loans to other institutions as a service to the ongoing creation of knowledge for future generations.

4. Authorities / Legal Framework

This policy is established by the Director and approved by the Board pursuant to the Tasmanian Museum and Art Gallery Act 2017 (the Act).

5. Glossary / Definitions


Delegate(s)
Delegates can exercise their authorisations to approve inward and outward loans.

Outward loan
A loan of material from TMAG’s collection to another institution for the purpose of public exhibition or research.

Inward loan
A loan of material from a private lender or another institution generally for the purpose of public exhibition or research.

6. Responsibilities


The Board
The Board as steward of the collections has the power to enter into arrangements for the loan of exhibits or collections. The Board may delegate this power to the Director.

Director
The Director is responsible for ensuring the Loans policy is enforced, and that any delegated authorisations are regularly reviewed.

Heads of Herbarium and Zoology
Delegated authority to approve and sign loan agreements for inward and outward loans for the purposes of research only to an amount not exceeding 800 sample/lots

Registrar
The Registrar will make an assessment of all loans to confirm that the loan is compliant with the Loan Policy and that resources are available to facilitate the loan. The exception to this is for incoming loans approved by the Head of Herbarium and the Senior Curator (Zoology) for the purpose of research.

Conservation
The conservators will make an assessment of all outgoing loans for the purposes of exhibition or display to confirm that the items requested are suitable for loan.

Curators
The relevant curator will make an assessment of all outgoing loans to confirm that the items requested meet the relevant criteria outlined in this policy.

Project Budget Managers
Budget managers must approve the request for loans associated with exhibitions or projects for which they have financial delegations prior to loan documentation being submitted for approval by the Board or Director.

7. Guidelines for Inward Loans

7.1 Approvals

  • Loans will only be made in accordance with this policy.

7.2 Insurance

  • Insure all borrowed items with “wall to wall” cover for the value stated on the loan agreement unless other specific arrangements have been established in writing.
  • If a lender elects to vary insurance requirements, TMAG will only agree to the loan if it is satisfied that TMAG is not adversely affected by the insurance arrangement.

7.3 Purpose of Loan

  • TMAG will borrow items for the purpose of public exhibition or research as specified on the loan request and approved by the relevant delegated, and agreed to by the lender.
  • TMAG does not accept “permanent loans”. For items where the intention is for TMAG to borrow an item for an extended period of time, 12 monthly renewals of documentation are required.

7.4 General Inward Loan Conditions

  • TMAG will only borrow items:
    when it can ensure that the borrowed item will be cared for according to best practice
    when it is willing and able to comply with the terms and conditions of the loan set by the lender as outlined in the loan agreement
    that can be borrowed without contravening national or international legislation which controls the movement of items, or protects cultural or natural heritage assets
  • TMAG will not receive loans:
    to provide storage outside of the terms of a Repository Agreement
    for the sake of having future access to items
    with unclear ownership/provenance that could be subject to ownership disputes
    where an item’s condition may compromise the integrity of the TMAG collections and cannot be managed within normal conservation practices
    where delivery to site cannot be managed within normal collection handling or WHS safe management practices
  • TMAG will acknowledge the lender in all labels, catalogues and other publications that refer to the loan item in the format agreed upon in the loan agreement.
  • TMAG will not lend a borrowed item to another museum, institution or individual without express written permission from the lender.
  • For inward loan requests that support a travelling exhibition program, TMAG will negotiate with all venues to confirm that lenders’ requirements can be met.
  • TMAG shall report any damage or loss immediately to the lender and await the instructions of the lender. Pending, and in the absence of such instructions, TMAG shall take all steps necessary to recover or prevent further damage to the item/s.
  • All material received by TMAG as an incoming loan will be condition checked and assessed for the presence of hazardous material upon entry to TMAG.

7.5 Documentation

  • TMAG agrees to use a lender’s loan agreement in the first instance.
  • Where the terms and conditions of a lender’s loan agreement are inconsistent with TMAG’s policies and institutional objectives TMAG will endeavour to negotiate the terms of agreement until both parties are satisfied.
  • Where a lender does not have a loan agreement they wish to use, the loan will be documented with TMAG’s Inward Loan Agreement.

7.6 Unclaimed Items

  • Loan items that are unclaimed by the lender are subject to section 15 of the Act and may become the property of the Board.

7.7 Copyright and Reproduction

  • Subject to TMAG obtaining any necessary copyright consent, TMAG may reproduce and photograph the item/s for publicity or educational purposes in relation to the agreed purpose of the loan.
  • If the lender is the owner of the copyright, and unless otherwise indicated on the loan agreement, the lender agrees that the item/s on exhibition may be photographed by the public.

8. Guidelines for Outward Loans

8.1 Approvals

  • Loans will only be made in accordance with this policy.

8.2 Loan Assessment Criteria

  • Outward loans will be considered as per the following:
    for collection items that are registered, or are intended to be registered
    for items deemed to be in a condition fit for transportation and for the intended display conditions and loan period
    requested by borrowers that have demonstrated adequate facilities for securing and maintaining the item
    are not required by TMAG to support its own exhibition or research programs
    being loaned to a borrower which have a vision, role and statement of purpose which is consistent with TMAG’s institutional objectives
    if overseas, comply without contravening national or international legislation which controls the importation and exportation of items, or protects cultural or natural heritage assets
  • TMAG will not lend to private individuals.
  • TMAG will not lend objects unless the borrower can provide evidence of adequate security, environmental conditions, insurance / indemnity cover and professional standards of care for the loan items.

8.2 Insurance

  • A recent and realistic value for the item will be provided to the borrower.
  • The borrower must agree to indemnify loans against all risks with “wall to wall” insurance with a company approved by the Trustees. Government Indemnity will be accepted as an alternative to commercial insurance. A copy of a current insurance certificate of currency must be provided.

8.3 Security

  • The borrower is responsible for providing adequate security for loan items during transportation to and from TMAG, and at the borrower’s premises.

8.4 Transport and Touring

  • Method of transport will not predispose the objects to increased risk of damage.
  • Any transport must be undertaken by a fine art or museum specialist with secure transportation and experienced personnel.
  • TMAG reserves the right to insist on a courier to accompany items during transport, and/ or to oversee installation/de-installation.
  • Packing and transport must be agreed in advance between TMAG and the borrower.
  • Items requested for travelling exhibitions will generally only be considered for a maximum of three venues.
  • Borrowers are only permitted to lend items to a third party under the terms of a touring exhibition, or with the express written consent of TMAG.

8.5 Environmental Conditions

  • TMAG will advise on the environmental conditions required for the safety of the item whilst on loan.
  • The borrower must be able to provide details of the conditions in the intended display space for the duration of the loan.

8.6 Loan period

  • Loans will be for a specified period of time. TMAG does not accept requests for “permanent loans”. For items where the intention is for TMAG to lend an item for an extended period of time, 12 monthly renewals of documentation are required.

8.7 Costs

  • The borrower is responsible for covering all costs of the loan, including but not restricted to, cleaning, conservation, preparation, mounting/framing, packing, transport, insurance, installation / de-installation and security.
  • Borrowers will be invoiced for all agreed reasonable costs associated with fulfilling a loan request.

8.8 Procedure

  • Loan requests should be made in writing to the Director, with at least 12 months’ notice prior to the proposed date of commencement of the loan.
  • The purpose of the loan must always be specified in the loan request.
  • The loan will be administered by the Registration unit.
  • Any intellectual property rights in the object held by TMAG remain the property of TMAG unless variations are specifically negotiated with the borrower.
  • Any requests for photographs or copyright enquiries should be addressed to TMAG’s Image and Copyright Service.
  • No modifications, alterations, or conservation / preservation work of any kind may be undertaken on any item by the borrower without the express written permission of the Director.
  • For outward loan requests that support a travelling exhibition program, all venues must provide a Standard Facility Report and demonstrate the ability to meet the required minimum standards for security and care and that the proposed method of transport will not expose the objects to damage before the loan request will be approved.

8.9 Material not available for loan

  • TMAG does not lend the following classes of material without the approval of the Director:
    objects of great fragility
    secret/sacred material
    human skeletal material
    firearms
    type specimens
    original audio/visual material
    objects that are required for display at TMAG over the period of the proposed loan

8.10 Display and Care

  • A condition report must be undertaken by the borrower on arrival of the item, and prior to leaving.
  • Items on loan should be provided with suitable display furniture such as plinths or secure wall fixings. The borrower may be asked to provide a barrier.
  • Items must be handled with care by suitably trained personnel.
  • Items must not be unframed, cleaned or treated in any way.
  • The item must be repacked in the same way as it arrived

8.11 Acknowledgement

All items that are borrowed from TMAG must be acknowledged as follows:

Collection: Tasmanian Museum and Art Gallery

9. Exclusions

This policy does not cover loans to Ministerial Officers or Government Agencies

10. TMAG related documents

Unclaimed Property Policy and Procedures