# Indigenous Representation in South Australian Juries Remains Critically Low

A new report identifies systemic barriers preventing Indigenous Australians from serving on juries.

- **Source:** [ABC Australia – Just In](https://www.abc.net.au/news/justin)
- **Published:** 2026-11-06
- **Topic:** [politics](https://brifing.si/c/politics)
- **Original article:** <https://www.abc.net.au/news/2026-11-07/indigneous-people-underrepresented-in-juries-in-sa/107256812>
- **On Brifing:** https://brifing.si/s/7844b0c7-5dcb-4c5f-9c5a-7d531969b05f

## Systemic Under-representation Identified

A recent report by the South Australian Law Reform Institute highlights an acute lack of Indigenous people serving on juries. Despite being over-represented in the criminal justice system, Indigenous citizens are rarely selected for jury duty. This disparity undermines the fundamental principle of being judged by a jury of one's peers.

## Key Barriers to Participation

The research identifies three primary obstacles: low electoral enrolment rates, broad criminal history disqualifications, and cultural safety concerns. Current reliance on electoral rolls excludes many Indigenous voters who are not registered. Furthermore, the report argues that existing disqualification criteria based on minor criminal records are overly broad and lack coherent justification.

## Proposed Electoral Data Reform

To address enrolment gaps, the report suggests using data from South Australia's First Nations Voice to Parliament as a supplementary source for juror selection. While the March election for this advisory body faced organizational challenges, it remains a unique tool. No other Australian state currently utilizes such specific indigenous electoral data.

## Threatening Nature of Summons

Deputy Director David Plater noted that the formal, intimidating language used in jury summons often discourages participation. Many recipients, regardless of background, fear they are in legal trouble upon receiving the document. The institute recommends revising these communications to be more accessible and less threatening to potential jurors across the state.

## Geographic and Infrastructure Constraints

The report advocates for extending District Court circuits to regions with significant Indigenous populations, such as Port Lincoln and Berri. Currently, circuits are largely limited to Port Augusta and Mount Gambier. However, the government must balance these expansions against existing financial and infrastructure constraints to ensure the proposal remains practically viable.

## Cultural Risks and Concerns

Klyton Wanganeen of the Aboriginal Legal Rights Movement emphasizes that participation must remain a voluntary choice. He highlights risks regarding cultural identity and safety, noting that jurors might feel uncomfortable judging members of other Indigenous groups. There are also concerns regarding the privacy of jurors living in small, interconnected communities.

## Government Response and Review

Attorney-General Kyam Maher has officially acknowledged the report and committed to reviewing all 34 recommendations. The government recognizes that juries should reflect the communities they serve, yet acknowledges significant barriers exist. A formal response is expected in due course as officials evaluate the potential for legislative and procedural changes.

## Broader Implications for Justice

The lack of Indigenous jurors impacts the perceived fairness of trials for Indigenous defendants. When defendants see no familiar faces, they often feel alienated from the judicial process. Addressing these 34 recommendations is essential for improving public trust and ensuring the legal system functions equitably for all citizens within South Australia.

## Sources covering this story

- https://www.abc.net.au/news/2026-11-07/indigneous-people-underrepresented-in-juries-in-sa/107256812 — 

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_Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._
