The article ‘Justice is blind as long it isn’t deaf: excluding deaf people from jury duty – An Australian human right breach’ has won the inaugural Andrea Durbach Award for Human Rights Scholarship, which is accompanied by an award of $1000. All articles published in the Australian Journal of Human Rights in a given year are eligible, and recipients of the award are determined by the Editorial Board of the Australian Journal of Human Rights.
The authors of the article are Prof. David Spencer, Ms. Mehera San Roque, Prof. Sandra Hale and Prof. Jemina Napier, who have carried out a comprehensive research into deaf citizens as jurors since 2012 with the University of New South Wales, funded by an Australia Research Council Linkage Project.
Presently, deaf people cannot serve as members of the jury because the Jury Act in each state/territory prohibits the presence of an interpreter in the jury deliberation room as this would constitute a “13^th person” in the room.  However, the published research has shown that deaf people who use Auslan can perform just as well as other peers in mock trial cases and that competent and ethical interpreters do not interfere with the jurors’ deliberations.
‘Are deaf people equal citizens in Australia?  No’, said Mr. Kyle Miers, Chief Executive of Deaf Australia, ‘unless the Jury Acts are amended to allow ‘reasonable adjustment’ in accordance with the Disability Discrimination Act, to enable deaf people to perform their role as a juror, then we will be equal in eyes of the law’.
‘Deaf people have long sought equality in Australia,’ said Mr. Todd Wright, Chairperson of Deaf Australia, ‘this award will help raise awareness about Deaf Australia’s Jury Rights for All campaign to achieve this realisation’.
The Australian Journal of Human Rights Editorial Board said: ‘This article presents rigorous and innovative research that links directly with important contemporary human rights law and policy questions. It is original, carefully crafted and clearly argued, deftly marrying legal and non-legal research methodologies. The authors contribute to a discussion of legal and policy reforms that would improve respect for human rights in an less-heralded, but important, area.’
The authors of the article have donated the prize money to Deaf Australia’s Jury Rights for All campaign and Deaf Australia wishes to congratulate the authors for their contribution and thanks the Editorial Board for recognising the authors’ contribution to this important human rights campaign.
On related notes: ACT Legislative Assembly passed new law on Tuesday this week that people with disabilities are no longer automatically exempted from jury duty in Canberra.
To donate to this campaign, please go to www.juryrightsforall.org.au.
About the Award:
The Andrea Durbach Award for Human Rights Scholarship was established by the Australian Human Rights Journal in 2017. The prize is name in honour of Professor Andrea Durbach, in recognition of her significant service to human rights. The prize is awarded annually to an author/s whose work has been published in the Australian Journal of Human Rights, and whose article reflects the values that have long resonated in Andrea’s career and scholarship. These include the courage to push the boundaries of human rights debates; the creativity to examine issues that cut across different academic disciplines and a desire to press for human rights accountability to ensure that the voices that are not always heard can be magnified.

Deaf Australia wish to share with you our ‘end of year’ report with highlights.

Most of you may be aware that Deaf Australia has been operating at a very minimal capacity in the last couple of years. Much of the time in 2017 has been focusing on reviewing the organisation’s capacity and to undertake strategies that will strengthen Deaf Australia in 2018 and beyond.
The National Disability Insurance Scheme (NDIS) has contributed many challenges and opportunities across the disability sector and for Deaf Australia to position itself as a prominent voice of the deaf community. We have participated in many meetings with the NDIS and wrote a submission to the NDIS’s Productivity Commission on NDIS Costings – highlighting many discrepancies with interpreting costing (e.g. travel, qualifications) and need to access Auslan for family with newly diagnosed child who are deaf.
NDIS’s Information, Linkage and Capacity (ILC) has offered plenty of opportunities for Deaf Australia and others to undertake capacity building activities throughout the year. We have conducted a Member Survey 2017 through cooperation with Australian Federation of Disability Organisations to find out what members thinks and wants from Deaf Australia in going forward. The results were not surprising for Deaf Australia and strengthen our resolves to explore in how we can better meet deaf and hard of hearing people’s needs.
The National Disability Strategy (2010-20) has also been reviewed by the Commonwealth Government. Deaf Australia has written a comprehensive submission to the Government and attended to a public hearing with the Commonwealth’s Parliament. Deaf Australia believed that the National Disability Strategy has poor delivery record for deaf and hard of hearing people due to lack of effective policy changes and strategies from the government. A final report has been released and it contained 17 references from Deaf Australia.
One of the key recommendations from Deaf Australia is that Auslan to be legally recognised as a language for Deaf people to use it.
Deaf Australia also put in a comprehensive written submission into Hearing Health and Wellbeing advising the Parliamentary Committee that access to Auslan must be achieved for every deaf/ hard of hearing person so that their wellbeing can be improved. We also attended to public hearing with the Parliamentary Committee.
Auslan curriculum for primary and secondary schools are now being provided in several schools throughout Australia as Language other than English (LOTE) program. Deaf Australia is proud to see this program being implemented after many years of advocating the Commonwealth Government to develop this curriculum.
Auslan Training Package for TAFE has also been reviewed this year. The Australian Industry and Skills Committee has recently approved the training package which will be taught under Public Sector stream. It is with disappointment that the Committee have rejected that the Auslan Assessors must be deaf and to have Auslan as the primary language. We will continue promote that Auslan Assessors must be deaf.
The National Relay Service (NRS) is currently being under review for new funding contract from 1 July 2018. It is not clear what Commonwealth Government is planning for the NRS but we believe that the NRS will continue but is uncertain whether or not if there will be improved access to Video Relay Service (VRS) nor if there will be additional fund to ensure NRS operates at full capacity.
Deaf Australia has attended to a number of reference groups to ensure that deaf and hard of hearing people can access range of support and services. Australian Electoral Commission, Australian Banking Associations, National Relay Service, National Disability Insurance Agency, Australian Subscription Television and Radio Association, and more.
All the activities are about ensuring that deaf and hard of hearing Australians are equal members of the Australian society, which reflect our vision – making an Inclusive Australia for deaf people.
Deaf Australia has our 31^st Annual General Meeting on 28 October in Sydney. It was a small meeting; however, a quorum was sufficient for the AGM to proceed as usual. Western Australian Association of the Deaf proposed that Deaf Australia to develop an Accessible Social Media Policy which we will undertake and propose to Members at the next AGM to be held in Canberra ACT.
Deaf Australia Board

• Todd Wright (NSW) – Chairperson/ Treasurer
• Debbie Kennewell (SA)
• Adrian Doyle (Vic)

The board plays a vital role in ensuring that our focus and activities are aligning to the member’s wishes and aspirations. We work closely with Deaf Youth Australia (DYA) to support deaf youth activities and they successfully hosted the World Federation of the Deaf’s Youth Junior Camp in Phillip Island. Deaf Australia commends DYA on their outstanding work.
Deaf Youth Australia Board

• Shirley Liu (Vic) – President
• Vanessa Alford (WA) – Treasurer
• Annabel Beasley (Vic) – Secretary
• Tahlia Barry (Vic)
• Joshua Doe (NSW)

It is with sadness that our longest serving board member of Deaf Australia (formerly known as Australian Association of the Deaf) has passed away so suddenly. Mrs Ann Darwin has served Deaf Australia for 21 years and was awarded an Honorary Life Membership in 2006 for dedication to Deaf Australia over the years. Our thoughts are with Mr Barry Darwin and his family.
Going into 2018, Deaf Australia are now able to represent the community in a formal capacity after regaining the funding we have lost in 2014. We are currently waiting for more details of the fund; however, we will continue seek for opportunities for Deaf Australia to represent deaf and hard of hearing people throughout Australia.
Deaf Australia wish to express appreciation and thanks to individuals and organisations in working together to address challenges and issues. We look forward in continuing this relationship in 2018.
As 2017 is closing, we thank you for your ongoing support It is important that your issues are being heard and we work with you to make sure that issues can be resolved for you and other deaf Australians. We look forward in continuing working with you in 2018 and beyond.
Have a Happy Holidays and a safe New Year.
Kyle Miers
CEO – Deaf Australia

Deaf Australia wishes to congratulate the Yes campaign for Marriage Equality for its successful campaign of the for the same-sex marriage survey.
This is one of the most important and historic announcements to the members of the Australian communities, yet, Deaf Australia is expressing extreme disappointments with several broadcasters in failing to include Auslan interpreter throughout this important announcement.
It is understood that the media was briefed to include Auslan (Australian Sign Language) interpreters prior to the announcement. However, the following networks, Seven, Nine and Ten had failed to include Auslan interpreter throughout the special announcement.
‘Deaf Australia believe this is a deliberate and disrespectful act in excluding specific members of the Australian community’, said Kyle Miers, Chief Executive of Deaf Australia.
“I’m aware that many deaf Australians were looking forward to watch this special announcement, especially as it related to equality in Australia – a topic that is very close to our hearts’, said Todd Wright, Chairperson of Deaf Australia, ‘to experience further discrimination and exclusion through the announcement is extremely disappointing and inexcusable’.
This, unfortunately, is not the first occurrence, as in several past broadcasts of public announcements, in particularly, emergency and special government announcements, the Auslan interpreter was excluded in the shot.
Deaf Australia wishes to congratulate the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS) who included Auslan interpreter in their entire broadcast of this announcement.
‘It is an example that Seven, Nine and Ten need to follow’, said Mr Miers.
We have sent letters to Seven, Nine and Ten requesting them to mandate inclusion of Auslan interpreters in all their future broadcasts and to issue public apology to Deaf community for excluding Auslan interpreters while broadcasting recent announcement.

This is a community information video about the upcoming Marriage Equality Postal Ballot.
Marriage Equality means that civil marriage would be available without discrimination to all couples regardless of sex, sexual orientation or gender identity. The Australian Government wants to know if you support Marriage Equality or not.

Deaf Australia acknowledges that the issue of Deaf Jury Rights has been quiet lately, but it does not mean that Deaf Australia is not doing anything about it.

Amending the current Jury Act in various states and territories is not an easy task, because it requires separate discussions with each state and territory government to amend its Jury Act to allow deaf people to serve as a member of jury.
Deaf Australia wishes to advise members of the deaf community of current developments in South Australia, led by The Hon Kelly Vincent MLC (member of Diversity Party), who is proposing a draft amendment bill to the Jury Act to include provisioning of Auslan interpreting to enable deaf people to serve as a juror.
Deaf Australia has reviewed draft amendment bill and is pleased to see that action is being considered. Deaf Australia advised The Hon Kelly Vincent that the amendment bill needs to be clarified to ensure that ‘professional’ interpreters registered with National Accreditation Authority for Translators and Interpreters (NAATI) be included to ensure that justice is provided with the highest standards, because the current draft does not specify this requirement.
Deaf Australia urges the South Australian deaf community to express support to MLC Kelly Vincent’s proposed draft amendment bill to Jury Act by sending her an email. MLC Kelly Vincent’s email address is [email protected].

Deaf Australia wishes to share with you an update on captioning of broadcast programs.

The current legislation, “Broadcasting Services Act,” requires broadcasters to caption a targeted number of hours of free-to-air and subscription programs that are broadcasted through its network each day. It does not include internet programs.
Within the Broadcasting Service Act, it has an exemption or target reduction clause for broadcasters to request caption exemptions or target reductions with the Australian Communication and Media Authority (ACMA) for considerations.
ACMA is responsible organisation that governs and regulates the communication services, including television, radio, internet and telecommunications.
Between 1 July 2012 and 30 June 2016, a total of 279 requests for caption exemption or target reduction has been sought by broadcasters and only 38 requests have been declined. This represents about 85% of the requests being approved by ACMA – this is a significant concern for Deaf Australia as these exemptions do not take on board caption users’ rights and protections.
The Hon. Senator Mitch Fifield has recently announced the Broadcasting Licencing Fee Reform that will save broadcasters over 70 million dollars. These savings will encourage broadcasters to invest into niche groups, such as women’s sports, community programs and more. However, not one dollar of the savings will be invested into improve accessibility to program contents.
Deaf Australia wrote letters to relevant ministers across all parties raising these concerns because these actions do not reflect the National Disability Strategy 2010-2020 which calls for all broadcast programs to be fully captioned.
Senator Rachael Siewert (Green Party) contacted Deaf Australia to seek and receive advice on the wording of Senator’s Siewert’s amendment to the Broadcasting Reform Bill (2017) to ensure that provisioning of captioning services on all broadcast programs aligns with the National Disability Strategy 2010-2020. We will also be discussing this issue with Senator Carol Brown (Labor Party) to address the Broadcasting Reform Bill.
Deaf Australia believes it is important that the Deaf Community is aware of these activities so that your interests and needs are addressed at the highest level and that everyone has full access to information.
Thank you.
Please note: Deaf Australia will continue advocate for inclusion of Auslan content on television programs.