Level 19, 323 Castlereagh Street
Sydney NSW 2000
Tel: 02 9211 2866
Fax: 02 9211 2271
http://disabilitycouncil.nsw.gov.au
Mr Laurie Glanfield
Director
Legislation, Policy and Criminal Law Review
NSW Attorney General’s Department
GPO Box 6
SYDNEY NSW 2001
3 April 2008
RE: The Law Reform Commission’s Report 114 (2006) – Blind or Deaf Jurors.
Dear Mr Glanfield,
Thank you for the opportunity to contribute to the Law Reform Commissioner’s Report
114 – Blind or Deaf Jurors.
About the Disability Council of NSW
The Disability Council of NSW was established under the terms of Section 16 of the
Community Welfare Act 1987 to advise Government in NSW on issues affecting people
with disability and their families. We also give advice to the Australian Government on
the effect of policy on people with disability living in NSW.
Council members are appointed by the NSW Governor on the recommendation of the
Minister for Disability Services. Members are selected on the basis of their experience
of disability and their understanding of issues, their knowledge of service delivery and
their ability to reflect and advise on government policy. The majority of Council
members are people with disability.
Our Council predominantly supports the four recommendations proposed by the Law
Reform Commission.
We submit our response as per each recommendation raised in the report.
Recommendation 1
The Jury Act 1977 (NSW) should be amended to reflect the following:
(a) that people who are blind or deaf should be qualified to serve on juries, and not
be prevented from doing so on the basis of that physical disability alone;
Council’s response:
Our Council fully supports the above recommendation, however would like to draw
attention to the fact that people who are blind and or deaf, do not have a physical
disability, but rather a sensory disability.
Furthermore, Council are in full agreement with the recommendation, “that people who
are blind or deaf should have the right to claim exemption from jury service”.
For this reason, we support the recommendation that people who are blind or deaf
should have the right to establish good cause to be excused determined on a case by
case basis, and not as a ground of ineligibility, or exemption. Particularly if the person
believes that as a consequence of their disability they would not be able to perform the
role of a juror, or that they feel more vulnerable as a person who is blind or deaf.
This may be relevant where the disability is recently acquired and the person is dealing
with the emotional and practical ramifications of their disability. This is also applicable in
a case where the person may not have developed sufficient compensatory skills, for
example: orientation and mobility, information access, or use of assistive technology in
a situation where the individual has recently acquired significant vision loss or
blindness.
The Disability Council of NSW supports the principle underpinning the recommendation
(b) that the Court should have power to stand aside a blind or deaf person
summoned for jury duty if it appears to the Court that, notwithstanding the
provision of reasonable adjustments, the person is unable to discharge the
duties of a juror in the circumstances of the trial for which that person is
summoned. This power should be exercisable on the Court’s own motion or on
application by the Sheriff;
However, our Council would want to be assured that the basis on which the Court
exercises its power, or the Sheriff making application, to stand aside the person is
based on verification. Council would hope that the decision was educated and not
simply based on an unfounded perception.
(c) that interpreters and stenographers allowed by the trial judge to assist the deaf
or blind juror should swear an oath faithfully to interpret or transcribe the
proceedings or jury deliberations;
Our Council fully supports and welcomes the above recommendation.
(d) or stenographers allowed by the trial judge to assist the deaf or blind juror
should be permitted in the jury room during deliberations without breaching jury
secrecy principles, so long as they are subject to and comply with requirements
pertaining to the secrecy of jury deliberations;
Once more, our Council is in agreement with the above recommendation.
(e) that offences be created, in similar terms to those arising under s 68A and 68B
of the Act, in relation to the soliciting by third parties of interpreters or
stenographers for the provision of information about the jury deliberations, and in
relation to the disclosure of information by such interpreters or stenographers
about the jury deliberations.
The Disability Council of NSW concurs with the above recommendation.
Recommendation 2
The Sheriff should develop guidelines for the provision of reasonable adjustments
including sign language interpreters and other aids for use by deaf or blind jurors
during the trial and deliberation.
Our Council strongly supports and welcomes the above recommendation. We advise
that the Sheriff at the earliest convenience, contact the blind and or deaf juror to
discuss adjustments. Our view is that this practice will avoid delay in arranging for
modifications and adjustments in time for the Court hearing.
Recommendation 3
A blind or deaf person receiving a notice of inclusion on the jury roll or a jury
summons should be required to complete a form either claiming exemption from jury
duty or notifying the Sheriff of the reasonable adjustments required by that person
to participate as a juror.
Council’s Response:
The Disability Council of NSW is in agreement with this recommendation.
Recommendation 4
All relevant personnel, including judicial officers and court staff, should be given the
opportunity to participate in professional awareness activities that focus on practical
measures to facilitate the inclusion of blind or deaf persons as jurors. The Judicial
Commission should develop supporting materials and procedural guidelines as part
of this process.
Council’s Response:
Our Council welcomes the above recommendation and strongly suggests that Vision
Australia – low vision and blindness services as well as The NSW Deaf Society be
involved in developing/delivering awareness training to all relevant personnel.
In summary, The Disability Council of NSW is satisfied with The Law Reform
Commission’s Report 114 Blind and Deaf Jurors. We look forward to the
recommendations being adopted and implemented. We believe that in doing so it
clearly demonstrates that people who are blind and or deaf have the same rights and
obligations as all other NSW citizens expected to fulfil the requirements of jury service
when requested. .
The Disability Council of NSW would be pleased to provide further comments or clarify
any of the above recommendations should it be required. Please call Mr Dougie Herd,
Executive Officer, on 9211 2866 with any clarifications or questions.
Thank you again for providing us with the opportunity to critique The Law Reform
Commission’s Report. We welcome and congratulate the Commission on a job well
done.
Yours sincerely,
Andrew Buchanan
Chairperson
Disability Council of NSW
Finally, on behalf of the Disability Council of NSW, I thank members of the Committee
for the opportunity to comment as part of the statutory review of CRAMA. I hope you
and your fellow Committee members find this feedback helpful. If you have any
questions or seek further information about the Council’s views please contact Mr
Dougie Herd, Executive Officer at the Office of the Disability Council, who will oblige.