The cartoon, consisting of eight panels featuring Noongar activist Ken Colbung and three Indigenous Australian children, sparked controversy due to its content, leading to a racial discrimination complaint lodged with the Human Rights and Equal Opportunity Commission.
The commission's ruling, which found the cartoon to be an "artistic work" published "reasonably and in good faith", has been the subject of academic debate, with some commentators expressing concern about the broad interpretation of the exemption provided under the Racial Discrimination Act.
The repatriation process was marked by internal conflicts within the Noongar community, which were publicly aired and even led to litigation in the Supreme Court of Western Australia.
Yagan's head was finally exhumed in September 1997, but organisation of the handover "was accompanied by a degree of sometimes undignified acrimony over who had the appropriate cultural claims, by descent, to bring the remains back".
The complaint was made by human rights lawyer Hannah McGlade on behalf of a group of people calling themselves "The Nyungar Circle of Elders", and comprising Albert Corunna, Richard Wilkes, Violet Newman, Mingli Wanjurri, Leisha Eatts, Robert Bropho and Ken Colbung.
[2] On 4 March 1998, the Race Discrimination Commissioner discontinued her inquiry into the case on the grounds that the cartoon was "an artistic work" that was published "reasonably and in good faith", and was therefore exempt from the s18c conditions under s18d of the Act.
The reasoning was based partly on the overall coverage of the issue by The West Australian, which "provided a balance report... and an opinion which... encouraged unity in, and support of, the Aboriginal community".