Jury Regulations 1998

Jury Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Jury Act 1899 .

14 December 1998

G. S. M. Green

Governor

By His Excellency's Command,

P. Patmore

Minister for Justice and Industrial Relations

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Jury Regulations 1998 .

2.   Commencement

These regulations take effect on 1 January 1999.

3.   Interpretation

In these regulations –

Act means the Jury Act 1899 ;

jury district means a jury district appointed under section 8 of the Act;

jury list means the jury list referred to in regulation 4(2) ;

jury panel means the panel referred to in section 32 of the Act;

Registrar means the Registrar of the Court.

PART 2 - Selection of jurors

4.   Jury list

(1)  For the purpose of section 9 of the Act, the Sheriff for each jury district is to prepare a jury list for that jury district in the following manner:

(a) by fixing the total number of jurors the Sheriff considers adequate for the jury district;

(b) by selecting that number randomly from the names of persons who are on the State roll and who reside in that jury district;

(c) by placing the name, address, occupation and date of birth of each of those persons on a provisional jury list;

(d) by striking off the provisional jury list, after any consultation the Sheriff thinks fit, the name of any person who –

(i) appears to be exempt from serving, or not qualified to serve, as a juror; or

(ii) has previously served as a juror, unless the Sheriff is satisfied that the number of persons on the list is inadequate without that person.

(2)  The names of persons remaining on the provisional jury list for a jury district after the provisions of subregulation (1)(d) have been complied with form the jury list for that jury district.

(3)  The Sheriff for a jury district is to cause the name of a person to be struck off the jury list for that jury district if the person –

(a) attains the age of 65 years; or

(b) dies; or

(c) ceases to reside in the jury district; or

(d) becomes otherwise exempt or disqualified from serving as a juror.

(4)  On the day jurors returned in a jury panel attend court as summoned, the Sheriff is to note their attendance on the jury list.

5.   Additional jurors

(1)  If, before a precept for the return of jurors is returnable, the Sheriff determines that any juror returned in a jury panel is not able to be served or is exempt from serving as a juror, the Sheriff is to complete the jury panel by selecting another person at random from the jury list.

(2)  If the Sheriff exempts a person from serving as a juror under section 7B of the Act, the Sheriff is to place that person's name on a subsequent jury panel.

(3)  This Part applies to a person who is placed on a subsequent jury panel as if that person's name had been drawn in accordance with a current precept.

PART 3 - Payment of jurors

6.   Payment of jurors who are not in employment

Subject to this Part, a person who is summoned to attend court as a juror and attends is to be paid in accordance with the following rates:

(a) if that person is not subsequently empanelled, $10 for each day, or part of a day, of attendance at court;

(b) if that person is subsequently empanelled –

(i) $10 for the first half-day of attendance at court; and

(ii) $15 each day, or a proportionate amount or $10, whichever is the greater, for part of a day, of attendance at court if that attendance exceeds half a day but does not exceed 3 days; and

(iii) $20 each day, or a proportionate amount or $10, whichever is the greater, for part of a day, of attendance at court if that attendance exceeds 3 days.

7.   Payment of employed or self-employed jurors

(1)  If a self-employed person or a person in receipt of a salary or wages is summoned to attend court as a juror and attends, that person is entitled to be paid an amount determined by the Registrar being an amount not exceeding $80 each day or a proportionate amount for part of a day –

(a) if that person satisfies the Registrar that –

(i) he or she has suffered a loss of salary or wages or other monetary loss; and

(ii) that loss is greater than the amount that person would be entitled to be paid under regulation 6 if that person were not entitled to payment under this regulation; and

(iii) that loss is caused by the attendance at court of that person; or

(b) if that person satisfies the Registrar that he or she, although not suffering any monetary loss, attended court on a day or days on which he or she was not rostered for work by his or her employer.

(2)  Before determining the amount a person is entitled to be paid under this regulation, the Registrar may require that person to produce –

(a) if that person is an employee –

(i) a certificate from that person's employer to the effect that, or other evidence showing that, that person has suffered loss of salary or wages or other monetary loss; or

(ii) a certificate from that person's employer to the effect that that person was not rostered for work on a day that person attended court; or

(b) if that person is self-employed, a signed statement to the effect that, or other evidence that, that person has suffered monetary loss other than loss of salary or wages.

(3)  A person is not entitled to make a claim for payment under this regulation for an amount exceeding $80 each day or a proportionate amount for part of a day.

8.   Travelling expenses

In addition to any amount that a person is entitled to be paid under regulation 6 or 7 , a person who is summoned to attend court as a juror and attends is entitled to be paid –

(a) if that person resides more than 4.8 kilometres from the court, any travelling and sustenance expenses that the Registrar considers have been reasonably incurred by that person; and

(b) any other expenses the Registrar considers have been reasonably incurred by that person.

9.   State Service employees not entitled to payment

An employee, within the meaning of the Tasmanian State Service Act 1984 , who is entitled under the Tasmanian State Service Regulations 1985 to receive full pay as that employee while attending court for jury service is not entitled to any payment under these regulations.

PART 4 - Miscellaneous

10.   Rescission

The regulations specified in Schedule 1 are rescinded.

SCHEDULE 1 - Regulations rescinded

Regulation 10

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 1998

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) prescribe the manner of preparing a jury list; and

(b) provide for the selection of additional jurors for a jury panel; and

(c) prescribe rates of payment for jurors; and

(d) rescind earlier regulations.