“
Lyons v Queensland [2016] HCA 38” 2
Lyons v Queensland1
Facts
In the given case, Ms. Lyons, the appellant was profoundly deaf but being a capable lip-reader
could communicate with the help of Australian Sign Language. In January she was summoned
for jury services where first she completed questionnaire and submitted the same. This
questionnaire was to decide her capability to serve as a juror. Later on, she received summon for
jury services where she demanded two Auslan interpreters for the performance of her jury
services as Juror. The issue of the cases started when The Deputy Registrar rejected her this
demand stating that this cannot be done due to absence of any such provision in “Jury Act”2
(Jury Act) and later on it is not allowed for an interpreter to take part in jury deliberations. At
last, the Deputy Registrar denied selecting Ms. Lyons as a potential Juror as she was incapable to
perform the required functions efficiently due to her physical incapability3.
Grounds of appeal
Dissatisfied from the conduct of the Deputy Registrar, Ms. Lyons has made a complaint to the
“Anti-Discrimination Commissioner (Commissioner)” for unlawful discrimination done with her
by the State of Queensland as the registrar has breached the provisions of section 101 of “Anti-
Discrimination Act”4 (Anti-Discrimination Act)”. She further argued that the Deputy registrar
has discriminated against her, directly as well as in indirect manner due to her impairment. He
did not properly exercise power under Queensland law by not allowing her assistance of Auslan
1 Lyons v Queensland [2016] HCA 38
2 Jury Act 1995 (Qld)
3 bnlaw.com.au, Exclusion from jury duty on grounds of deafness is not discrimination (Barry Nilsson Lawyers, 20th
October 2016) < https://www.bnlaw.com.au/page/Insights/Insurance_Alerts/Discrimination/
Exclusion_from_jury_duty_on_grounds_of_deafness_is_not_discrimination/>
4 Anti-Discrimination Act 1991 (Qld)

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