Juries Regulations 2005

Juries Regulations 2005

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 Juries Act 2003 .

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Juries Regulations 2005 .

2.   Commencement

These regulations take effect on the day on which the Juries Act 2003 commences.

3.   Interpretation

In these regulations –

Act means the Juries Act 2003 ;

Registrar means Registrar of the court.

PART 2 - Prescribed remuneration and allowances for jury service

4.   Prescribed remuneration for persons not in employment

Subject to this Part, a person not in employment who attends court in response to a summons for jury service or as a supplementary juror is to be paid the following prescribed remuneration:

(a) [Regulation 4 Amended by S.R. 2008, No. 39, Applied:07 Jul 2008] if that person is not subsequently empanelled, $25 for each day, or part of a day, of attendance at court;

(b) if that person is subsequently empanelled –

(i) [Regulation 4 Amended by S.R. 2008, No. 39, Applied:07 Jul 2008] $25 for the first half-day of attendance at court; and

(ii) [Regulation 4 Amended by S.R. 2008, No. 39, Applied:07 Jul 2008] $40 for each day, or a proportionate amount or $25, 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) [Regulation 4 Amended by S.R. 2008, No. 39, Applied:07 Jul 2008] $50 for each day, or a proportionate amount or $25, whichever is the greater, for part of a day, of attendance at court if that attendance exceeds 3 days.

5.   Prescribed remuneration for employed or self-employed jurors

(1)  [Regulation 5 Subregulation (1) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] [Regulation 5 Subregulation (1) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] Subject to subregulation (2) , the prescribed remuneration that a person in receipt of salary, wages or income, or a self-employed person, who attends court in response to a summons for jury service or as a supplementary juror is to be paid is the actual amount of the loss of salary, wages or income, or other monetary loss, that the person incurred as a result of his or her attendance at court, for each day or part of a day, up to a maximum of the remuneration specified in subregulation (7) for each day or part of a day.

(2)  Before being entitled to an amount under subregulation (1) , a person must satisfy the Registrar that –

(a) [Regulation 5 Subregulation (2) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] he or she has suffered a loss of salary, wages or income, or other monetary loss; and

(b) the loss was caused by the attendance at court of that person.

(3)  For the purpose of subregulation (2) , the Registrar may require a person to produce –

(a) [Regulation 5 Subregulation (3) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] if the person is an employee, a certificate from the person's employer to the effect that, or other evidence showing that, the person has suffered loss of salary, wages or income, or other monetary loss; or

(b) [Regulation 5 Subregulation (3) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] if the person is self-employed, a signed statement to the effect that, or other evidence that, the person has suffered loss of income or other monetary loss other than loss of salary or wages.

(4)  [Regulation 5 Subregulation (4) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] [Regulation 5 Subregulation (4) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] [Regulation 5 Subregulation (4) amended by S.R. 2008, No. 39, Applied:07 Jul 2008] Subject to subregulation (5) , the prescribed remuneration that a person in receipt of salary, wages or income, or a self-employed person, who attends court in response to a summons for jury service or as a supplementary juror is to be paid is the actual amount of the loss of salary, wages or income, or other monetary loss, that the person would have suffered if he or she had been rostered for work on that day, for each day or part of a day, up to a maximum of the remuneration specified in subregulation (7) for each day or part of a day.

(5)  Before being entitled to an amount under subregulation (4) , a person must satisfy the Registrar that he or she, although not suffering any monetary loss, attended court on a day on which he or she was not rostered for work by his or her employer.

(6)  For the purpose of subregulation (5) , the Registrar may require a person to produce a certificate from the person's employer to the effect that the person was not rostered for work on the day that the person attended court.

(7)  [Regulation 5 Subregulation (7) inserted by S.R. 2008, No. 39, Applied:07 Jul 2008] For the purpose of subregulations (1) and (4) the specified remuneration is –

(a) $176 for the period 7 July 2008 to 30 June 2009, inclusive of those days; and

(b) for the financial year commencing on 1 July 2009 and for each subsequent financial year, the remuneration calculated in accordance with the following formula:

where –

R is the specified remuneration for a financial year;

A is the average weekly earnings for February in the financial year that immediately precedes the financial year in which the specified remuneration is to apply;

B is the average weekly earnings for February in 2008.

(8)  [Regulation 5 Subregulation (8) inserted by S.R. 2008, No. 39, Applied:07 Jul 2008] In subregulation (7)  –

average weekly earnings means the seasonally adjusted average weekly total earnings for a full-time adult employee in Australia as published by the Australian Bureau of Statistics.

6.   Prescribed travelling and meal allowances

In addition to any amount that a person is entitled to be paid under regulation 4 or 5 , a person who attends court in response to a summons for jury service or as a supplementary juror is entitled to be paid for meals and travelling, at the same rate and on the same terms as prescribed from time to time for the equivalent allowance in the General Conditions of Service Award made under the Industrial Relations Act 1984 in respect of persons who are State Service officers or State Service employees.

7.   State Service employees not entitled to payment

A State Service officer or State Service employee who is entitled, under the State Service Regulations 2001 , an award or his or her instrument of appointment, to receive full pay as that officer or employee while attending court for jury service is not entitled to any payment under regulation 4 or 5 .

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

Notified in the Gazette on 21 December 2005

These regulations are administered in the Department of Justice.