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Legal body pushes for deaf juror equality
An Australian legal body has called for immediate reforms to Queensland’s Jury Act following an “unacceptable” incident, which saw a deaf person restricted from performing jury duty.
Emma Musgrave
Australian Lawyers for Human Rights (ALHR) said it is gravely concerned about the operation of Queensland’s Jury Act, after the High Court dismissed the appeal in Lyons v Queensland, upholding that the exclusion of deaf woman Gayle Lyons from performing jury duty is not direct or indirect discrimination under the Anti-Discrimination Act 1991 (Qld).
“Accordingly, Ms Lyons is not qualified to serve as a juror and the deputy registrar was required to exclude her from the jury panel. As a result, the exercise of the deputy registrar’s powers under the Jury Act is not discriminatory.
“The role of the jury is to reflect the composition and values of the community. It is unacceptable to have current laws which exclude members of our community on the basis of their disability. The lived experience of disability is a part of the makeup of the community and must be reflected on our juries to ensure access to justice is preserved.”
Mr Coyne suggested that the decision contradicts Australia’s commitment to the human rights of people with disabilities.
“It is absolutely clear under article 13 of the Convention on the Rights of Persons with Disabilities (CRPD) that people with disabilities have the right to participate as direct and indirect participants of the justice system, which includes serving as jurors,” Mr Coyne said.
“The current operation of the Jury Act in Queensland violates that right by excluding people on the basis of their disability and must be reformed immediately.
“While the decision of the High Court today dismissed the appeal in relation to the claim of discrimination, it is resoundingly clear that the Jury Act must be changed to be inclusive of people with disabilities, including deaf persons who require Auslan interpreters to communicate. A failure to do so will perpetuate this gross violation of the human rights of people with disabilities.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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