Lyons v State of Queensland [2016] HCA 38: Discrimination in Jury Selection

The High Court has dismissed an appeal in the case of Lyons v State of Queensland [2016] HCA 38. The High Court found that the Supreme Court of Queensland had not erred in holding that the appellant was not discriminated against during the jury selection process.

Background

The appellant was summoned for jury duty by the Deputy Registrar of the Ipswich District Court. The appellant contacted the Courthouse advising that she would require the aid of two Australian Sign Language interpreters due to her profound deafness. The Deputy Registrar informed the appellant that there was no provision under the appropriate legislation to administer an oath to an interpreter and that it was not legally possible for an interpreter to be present in the jury room during deliberations. 

Judicial History

The appellant subsequently made a complaint which was heard before the Queensland Civil and Administrative Tribunal. The appellant asserted that the Deputy Registrar had excluded her on the basis of her impairment so as to constitute direct discrimination and that the Deputy Registrar had imposed a condition on her participation in the jury process so as to constitute indirect discrimination. QCAT found that the Registrar had not discriminated against the appellant despite his misunderstanding of the Jury Act. A subsequent hearing by the Appeal Tribunal agreed with QCAT on the second count and also found that there was no incorrect understanding of the Jury Act on the part of the Registrar.

The Court of Appeal in Queensland refused the appellant leave to appeal from the Appeal Tribunal. By special leave, the appellant was able to appeal to the High Court.  

High Court Appeal

The High Court found no specific legislative provision in the Jury Act that permitted an interpreter to be present during jury deliberation. Short of this, the High Court ruled that Queensland did not permit this process. Consequently, without the assistance of an interpreter, the appellant was not qualified to serve as a member of the jury and by law the Registrar was required to exclude her from the selection panel. The High Court held that the Registrar had therefore acted within the legal framework of the Jury Act and therefore could not be held to have contravened the Anti-Discrimination Act.

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Lyons v State of Queensland