CL defends discrimination claim by deaf juror
excused Ms Lyons, a hearing impaired person, from jury service on the basis
that she required the assistance of sign language interpreters.
Ms Lyons subsequently brought a
complaint against the State of Queensland, alleging discrimination on the basis
of her impairment.
Crown Law acted for the State of
Queensland to successfully defend the complaint before the Queensland Civil and
Administrative Tribunal (QCAT) and QCAT’s Appeal Tribunal, relying on various
arguments, including the confidentiality of jury deliberations and the duties
of a juror under the Jury Act 1995.
On 28 August 2015, the Court of Appeal
handed down a decision, refusing an application by Ms Lyons to appeal the
decision of the QCAT Tribunal. In reaching its decision, the Court of Appeal
accepted that on the present state of the Jury Act, it was difficult to see how
jury members could discuss the case in their deliberations in the presence of
an interpreter, without breaking their oath of confidentiality.