4.2.5 - One recent example of a VCLR case study

Question 1

What is the name of the recent example of a VLRC?

Answer 1

Inclusive Juries

Question 2

A short description of the inclusive juries case

Answer 2

• Access for people who are deaf, hard of hearing, blind, or have low vision

Question 3

Referral of inclusive juries case

Answer 3

• commenced March 11, 2020
• community law reform investigation
• established a Terms of Reference which outlines the scope of investigation

Question 4

Referral: what was this case investigating?

Answer 4

• the experience of potential jurors with a hearing/vision impairment.
• focused on changes to legislation and court practice that should be made to enhance access for hearing/vision impaired people who are functionally excluded (cannot have support person - 13th juror rule)

Question 5

Research of inclusive juries case

Answer 5

• a consultation paper was published in December 2020, which explained the need for law reform and invited public submissions
• consultation with ‘stakeholders’ including vision/hearing impaired people, advocacy groups, legal professionals, the courts
• researched other jurisdictions within Australia, or in US/UK with inclusion

Question 6

Report of inclusive juries case

Answer 6

• final report was given to Attorney general on July 30, 2022
• report tabled in parliament in May 2023
• report contained 53 recommendations

Question 7

Report: what are some recommendations suggested?

Answer 7

• amending Juries Act 2000 to abolish 13th person rule
• the law allow ‘reasonable adjustments’ for jurors
  eg. interpreter, speech to text technology

Question 8

Response of inclusive juries case

Answer 8

• parliament has not responded, meaning no recommendations were implemented or changes made in this area of law
• there is no inclination to respond, only to table