2010
2010
2014-02-01
act
government
publicspecial
act.reprint
act-2013-004
allinforce
2010-06-03
2010-06-03
0
2014-02-01
act-1987-015
2010
none
act-2010-055
6e702d3d-443f-4df3-9d95-b15f6c316877
1cb85bde-381c-4751-8f68-b38f039aef1b
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 1.2.2014.
An Act to amend the Jury
Act 1977 in relation to the eligibility and selection of
jurors; and for other purposes.
1Name of
Act
This Act is the Jury Amendment
Act 2010.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Jury Act 1977 No
18
[1]Part 2
Omit the Part. Insert instead:
Part 2Qualifications and liability
for jury service
5Persons qualified and liable
to serve as jurors
Subject to this Act, every person who is enrolled
as an elector for the Legislative Assembly of New South Wales pursuant to the
Parliamentary Electorates and Elections Act
1912 is qualified and liable to serve as a
juror.
6Persons excluded from jury
service
A person is not qualified or liable to serve as a
juror during any period that the person is excluded from jury service by
Schedule 1.
7Persons entitled to be
exempted from serving as jurors
A person referred to in Schedule 2 is entitled as
of right to be exempted from serving as a juror if that person claims
exemption in accordance with this Act.
Note—
Section 14 deals with the making of claims for
exemptions under Schedule 2 and provides for the granting of other exemptions
from jury service.
8Amendment of Schedule 1 or
2
The regulations may amend Schedule 1 or 2 by
adding any matter to, deleting any matter from or altering any matter in the
Schedule.
[2]Section 12 Random selection of
prospective jurors
Omit section 12 (3). Insert instead:
(3)
The estimate is to allow for persons who are
excluded from jury service and for persons who will duly claim exemption from
jury service.
[3]Sections
13–15
Omit the sections. Insert instead:
13Persons included on
supplementary jury roll to be notified
(1)
The sheriff must send to each person whose name
is included on a supplementary jury roll for a district, and who does not
appear to the sheriff to be excluded or exempt from jury service, a
notice:
(a)
informing the person that it is proposed to
include the person on the jury roll, and
(b)
describing the classes of persons who are
excluded from jury service by Schedule 1 and who are entitled as of right to
be exempted from jury service under Schedule 2, and
(c)
informing the person that a claim for permanent
exemption may be made on the grounds referred to in section 14 (2) or a claim
for exemption on showing good cause may be made under section 14 (3),
and
(d)
containing a questionnaire that is required to be
completed by the person if:
(i)
the person is excluded from jury service or
claims exemption from jury service, or
(ii)
the particulars of the person appearing on the
questionnaire have changed, or
(iii)
the person is otherwise required by the sheriff
in the notice to complete the questionnaire, and
(e)
requiring the person, if required to complete the
questionnaire, to complete it and return it to the sheriff, within the time
specified in the notice.
(2)
Without limiting the matters that may be included
in any such questionnaire, it may include questions as to whether the person
has a physical disability that would require some form of assistance or aid to
be rendered to the person to enable the person to discharge the duties of a
juror.
14Claims for exclusion or
exemption from jury service made to sheriff
(1)
A person may claim to be excluded from jury
service by Schedule 1 or exempted from jury service as of right under Schedule
2.
(2)
A person may request the sheriff to exempt him or
her permanently from jury service because the person suffers from a permanent
mental or physical impairment that results in jury service being incompatible
with the person’s good health or that otherwise renders the person
unable to perform jury service.
(3)
A person may request the sheriff to exempt him or
her from jury service for the whole or part of any period during which the
person may be summoned for jury service by showing good cause for the
exemption.
Note—
Section 14A generally defines what constitutes
good cause for the purposes of an exemption.
(4)
The sheriff may exempt a person from jury service
whether or not on the request of the person if the sheriff is of the opinion
that there is good cause for the exemption.
(5)
A claim or request to be excluded or exempted
from jury service may be made:
(a)
in response to a notice sent to the person under
section 13, or
(b)
by application made in writing to the sheriff and
in a form approved by the sheriff.
(6)
A person who has been summoned to attend at a
trial or coronial inquest may not be excluded or exempted from jury service
under this section after the commencement of the trial or
inquest.
Note—
Section 38 enables a person summoned to attend at
a court or coronial inquest to be excused from attending by the court or
coroner concerned.
(7)
If a person claims or requests to be excluded or
exempted from jury service in accordance with this section and the sheriff
determines that the person is not excluded or exempted, the sheriff must
notify the person in writing of the sheriff’s determination and of the
person’s right to appeal to the Local Court against the
determination.
14AWhat constitutes good cause
for the purposes of an exemption from jury service
For the purposes of this Act, a person has good
cause to be exempted or excused from jury service if:
(a)
jury service would cause undue hardship or
serious inconvenience to the person, the person’s family or the public,
or
(b)
some disability associated with that person would
render him or her, without reasonable accommodation, unsuitable for or
incapable of effectively serving as a juror, or
(c)
a conflict of interest or some other knowledge,
acquaintance or friendship exists that may result in the perception of a lack
of impartiality in the juror, or
(d)
there is some other reason that would affect the
person’s ability to perform the functions of a
juror.
14BDeferral of jury
service
(1)
A person who is required by summons to attend for
jury service may apply in writing to the sheriff for deferral of jury service
to a later time within the period during which the person may be summoned to
attend for jury service.
(2)
On receiving the application, the sheriff may
defer the person’s jury service to a later time within that
period.
(3)
If the sheriff decides to refuse the application,
the sheriff must inform the applicant in writing of the
decision.
(4)
The sheriff may not defer the jury service of a
person who has been summoned to attend at a trial or coronial inquest if the
trial or inquest has commenced.
14CSheriff may require
information and verification of information
(1)
The sheriff may require a person who claims or
requests to be excluded or exempted from jury service, or applies for deferral
of jury service, to provide evidence to the satisfaction of the sheriff to
support the claim, request or application.
(2)
The sheriff may require any of the following
information to be verified by statutory declaration:
(a)
information given in a questionnaire under
section 13,
(b)
information provided to the sheriff for the
purpose of determining whether or not a person is excluded or is to be
exempted from jury service,
(c)
information provided to the sheriff for the
purpose of determining whether or not a person’s jury service should be
deferred.
(3)
Proceedings may be taken for an offence against
this Act or the Oaths Act 1900 for
providing false or misleading information to the sheriff that is required to
be verified by statutory declaration. However, a person is not liable to be
convicted of an offence under both Acts in relation to the provision of the
same information.
14DSheriff to amend supplementary
jury roll and jury roll to delete persons excluded or exempt from jury
service
The sheriff is to amend a supplementary jury roll
or jury roll:
(a)
by deleting the name and particulars of a person
if:
(i)
the sheriff determines that the person is
excluded from jury service, or
(ii)
the person has claimed exemption in accordance
with this Act and has been exempted from jury service for the whole of the
period during which the person may otherwise be summoned to attend for jury
service, or
(iii)
the person is dead or no longer resides in the
jury district to which the roll relates, or
(b)
to indicate that a person on the roll has been
exempted from jury service for part of the period during which the person may
be summoned to attend for jury service, or
(c)
to indicate that the jury service of a person on
the roll has been deferred to a specified date in the period during which the
person may be summoned to attend for jury service, or
(d)
to correct the particulars relating to any person
on the roll.
15Appeal against being included
on jury roll or being summoned from supplementary jury
roll
(1)
A person aggrieved by a determination of the
sheriff notified to the person under section 14 may appeal to the Local Court
by lodging a notice of appeal with the registrar of that court within 21 days
after being so notified.
(2)
However, if the person is summoned to attend for
jury service on a day occurring before those 21 days have expired and before
the notice of appeal is lodged, the appeal is instead to be made (as specified
in a notice attached to the summons):
(a)
to the judge or coroner having the conduct of the
trial or coronial inquest concerned, or
(b)
to such other judge or coroner, or to such
associate Judge, magistrate or registrar of a court, as may be specified in
the notice.
(3)
The court or person to whom an appeal is made
under this section must hear and determine the appeal.
(4)
The court or person to whom the appeal is made
must allow the appeal and order the sheriff to amend the jury roll or
supplementary jury roll appropriately if satisfied that the appellant:
(a)
is excluded from jury service,
or
(b)
is entitled as of right to be exempted from jury
service under Schedule 2 and has duly claimed exemption,
or
(c)
should be exempted from jury service on a ground
referred to in section 14 (2) or (3).
(5)
If the court or person to whom the appeal is made
is satisfied that the appellant, having been summoned for jury service, has
good cause to be excused from attending at the relevant court or inquest, the
court or person must excuse the appellant from
attendance.
(6)
In any case not covered by subsection (4) or (5),
the court or person to whom the appeal is made must disallow the
appeal.
(7)
A decision under this section is final and
conclusive and is to be given effect by the sheriff.
(8)
A person who has lodged an appeal under this
section that has not been heard and determined is taken, for the purposes of
section 38, to have good cause to be excused from attending at a court or
coronial inquest in accordance with a summons.
[4]Section 15A Periodic updating
of jury roll
Omit “section 14” from section 15A
(1). Insert instead “section 14D”.
[5]Section 37 Certain persons and
jurors not required to disclose identity
Omit “section 38 (1) (b)” from
section 37 (1). Insert instead “section 38
(1)”.
[6]Sections 18 and
18A
Omit the sections.
[7]Section 38 Person summoned for
jury service may be excused at trial or inquest
Omit section 38 (1)–(6). Insert
instead:
(1)
A court or coroner conducting a trial or a
coronial inquest may excuse a person for good cause from attending in
pursuance of a summons at any time on or after the day on which the
person’s attendance is required.
Note—
Section 14A generally defines what constitutes
good cause for the purposes of excusing a person from jury
service.
(2)
A person may be excused under subsection
(1):
(a)
on the person’s request or on the
court’s or coroner’s own motion, and
(b)
even if the sheriff has previously determined not
to excuse the person for that cause.
(3)
A person who makes a request to be excused under
subsection (1) may make the request in writing to the court or coroner if the
circumstances of the request relate to the person’s health or may cause
embarrassment or distress if made public.
(4)
A person may be excused under subsection (1) for
the whole or any part of the time that the person’s attendance is
required.
(5)
A court or coroner may require a person to make
any request to be excused under subsection (1) on oath unless the request is
made in writing in accordance with subsection (3).
(6)
If a person is excused under subsection (1) or by
the sheriff in accordance with section 14 after the issue of the relevant
summons, the panel and the card relating to that person are to be clearly
marked accordingly and the card kept apart from the cards relating to other
persons on that panel.
[8]Section 48 Balloting for jury
in criminal proceedings
Omit “appear” where secondly
occurring in section 48 (2) (b).
[9]Section 53A Mandatory
discharge of individual juror
Omit section 53A (1). Insert instead:
(1)
The court or coroner must discharge a juror if,
in the course of any trial or coronial inquest:
(a)
it is found that the juror was mistakenly or
irregularly empanelled, whether because the juror was excluded from jury
service or was otherwise not returned and selected in accordance with this
Act, or
(b)
the juror has become excluded from jury service,
or
(c)
the juror has engaged in misconduct in relation
to the trial or coronial inquest.
[10]Section 53B Discretionary
discharge of individual juror
Omit section 53B (a) and the note to that
paragraph. Insert instead:
(a)
the juror (though able to discharge the duties of
a juror) has, in the judge’s or coroner’s opinion, become so ill,
infirm or incapacitated as to be likely to become unable to serve as a juror
before the jury delivers their verdict or has become so ill as to be a health
risk to other jurors or persons present at the trial or coronial inquest,
or
[11]Section
62
Omit the section. Insert instead:
62Supply of false or misleading
information to sheriff
(1)
A person must not provide any information or
produce any document to the sheriff that the person knows to be false or
misleading in a material respect:
(a)
when claiming to be excluded from jury service
under Schedule 1 or to be entitled as of right to be exempted from jury
service under Schedule 2, or
(b)
when requesting an exemption from jury service
under section 14, or
(c)
when applying for deferral of jury service under
section 14B, or
(d)
when claiming otherwise that the person is not or
will not be available for jury service, or
(e)
in connection with a claim for payment under
section 72.
(2)
A person must not cause or permit any
representation the person knows to be false or misleading in a material
respect to be made to the sheriff on the person’s behalf, or on behalf
of another person, for the purpose of evading jury
service.
Maximum penalty: 50 penalty
units.
[12]Section
62A
Omit the section. Insert instead:
62AFailure to inform sheriff of
exclusion from jury service
A person summoned to attend at a court or
coronial inquest who knows that he or she is excluded from jury service must,
before the day on which the person’s attendance is required, inform the
sheriff of that fact and the reason why the person is excluded from jury
service.
Maximum penalty: 10 penalty
units.
[13]Section 69 Unlawful dismissal
of or prejudice to employees summoned for jury service
Omit “Penalty: 20 penalty units.”
wherever occurring in section 69 (1), (5) and (7).
[14]Section 69
(10)
Omit the subsection. Insert instead:
(10)
In this section:
employee means:
(a)
a full-time employee, or
(b)
an employee who, as a regular casual employee (or
partly as a regular casual employee and partly as a full-time or part-time
employee), has worked with the employer for at least 12 months on an unbroken,
regular and systematic basis (including any period of authorised leave or
absence).
employer includes a person acting on
behalf of the employer.
[15]Section
69
Insert at the end of the section:
Maximum penalty: 200 penalty units (in the case
of a corporation) or 50 penalty units or imprisonment for 12 months, or both
(in the case of an individual).
[16]Section
69A
Insert after section 69:
69AOther offences relating to
employment conditions of jurors
(1)
An employer must not require an employee to use
any leave to which the employee is entitled for the purpose of complying with
a summons to serve as a juror.
(2)
Subsection (1) does not prevent an employee from
requesting to use any leave to which he or she is entitled for the purpose of
complying with a summons to serve as a juror, or an employer from granting any
such request.
(3)
An employer must not require an employee:
(a)
to carry out any work on any day on which the
employee is serving as a juror, or
(b)
to undertake any additional hours of work to
compensate for work time lost by the employee while serving as a
juror.
(4)
Subsection (3) does not prevent an employer from
requiring an employee who is empanelled as a juror to carry out work during
normal working hours on any day if the jury of which the employee is a member
is not required to attend at the relevant court or coronial inquest on that
day.
(5)
In this section:
employee means:
(a)
a full-time employee, or
(b)
an employee who, as a regular casual employee (or
partly as a regular casual employee and partly as a full-time or part-time
employee), has worked with the employer for at least 12 months on an unbroken,
regular and systematic basis (including any period of authorised leave or
absence).
employer includes a person acting on
behalf of the employer.
normal
working hours means the period between 9 am and 6 pm on any
day that is not a Saturday, Sunday or public holiday.
Maximum penalty: 20 penalty
units.
[17]
[18]Section 73 Verdict not
invalidated in certain cases
Omit “disqualified from serving, or was
ineligible to serve, as a juror” from section 73 (1) (a).
Insert instead “excluded from jury
service”.
[19]Section 73 (1)
(a1)
Omit “disqualified from serving or
ineligible to serve as a juror”.
Insert instead “excluded from jury
service”.
[20]Section 75A Information to be
supplied to sheriff
Insert after section 75A (2):
(2A)
For the purpose of determining whether a person
proposed to be summoned for jury service should be excluded from jury service,
the sheriff may request the Commissioner of Police to provide information
relating to the criminal record of the person.
(2B)
For the purpose of checking the relevant details
of a person proposed to be summoned for jury service, the sheriff may request
the Chief Executive of Roads and Maritime Services to provide information
relating to the person.
(2C)
The Commissioner of Police or the Chief Executive
of Roads and Maritime Services is required and permitted to comply with a
request made by the sheriff under this section.
[21]Section 75C Juror may report
misconduct and other irregularities
Omit paragraph (b) of the definition of irregularity in section 75C
(4).
Insert instead:
(b)
a juror becoming excluded from jury
service,
[22]Schedules 1 and
2
Omit the Schedules. Insert instead:
Schedule 1Persons excluded from jury
service
(Section 6)
1Persons having committed
certain serious offences excluded from jury service for
life
(1)
A person is excluded from jury service for life
if the person has been found guilty or convicted of any of the following
offences (wherever committed):
(a)
an offence that, if committed in New South Wales,
would be punishable with a maximum penalty of life
imprisonment,
(b)
an offence that involves a terrorist act within
the meaning of the Terrorism (Police Powers) Act
2002,
(c)
an offence under Part 7 (Public justice offences)
of the Crimes Act
1900,
(d)
a sexual offence within the meaning of section 7
of the Criminal Records Act
1991.
(2)
Despite subclause (1), the exclusion referred to
in that subclause ceases to apply if:
(a)
the relevant finding of guilt has been quashed or
annulled or a pardon has been granted in respect of the finding of guilt,
or
(b)
the relevant conviction has been quashed or
annulled or a pardon has been granted in respect of the
conviction.
2Persons serving or having
served sentence of imprisonment
(1)
This clause does not apply to an offence referred
to in clause 1.
(2)
A person is excluded from jury service while
serving a sentence of imprisonment (in New South Wales or elsewhere) for an
offence committed when the person was of or above the age of 18
years.
(3)
A person is excluded from jury service:
(a)
for 7 years after serving such a sentence or
sentences of imprisonment of less than 3 consecutive months,
or
(b)
for 10 years after serving such a sentence or
sentences of imprisonment of 3 consecutive months or
more.
(4)
Subclause (3) does not apply to:
(a)
a sentence of imprisonment that has been quashed
or converted to a non-custodial sentence on appeal, or
(b)
a sentence of imprisonment in respect of a
conviction that has been quashed or annulled or for which a pardon has been
granted, or
(c)
a sentence of imprisonment for failure to pay a
fine.
(5)
In this clause, sentence
of imprisonment includes the following:
(a)
a sentence of imprisonment the subject of a
periodic detention order or home detention order under the Crimes (Sentencing Procedure) Act
1999,
(b)
a suspended sentence of
imprisonment,
(c)
compulsory drug treatment detention within the
meaning of the Crimes (Administration of Sentences)
Act 1999,
(d)
a sentence of imprisonment, a suspended sentence
or detention of a similar nature to those referred to in paragraphs
(a)–(c) served in another jurisdiction.
(6)
In this clause, a reference to serving a sentence
of imprisonment includes a reference to:
(a)
being subject to a suspended sentence of
imprisonment, or
(b)
being on probation or parole after serving part
of a sentence of imprisonment.
3Persons serving or having
served period of detention
(1)
This clause does not apply to an offence referred
to in clause 1.
(2)
A person is excluded from jury service during any
period in which the person is detained in a detention centre or other
institution for juvenile offenders, or in a correctional centre, as a result
of being found guilty of an offence committed when the person was under the
age of 18 years.
(3)
A person who has been found guilty of an offence
committed when the person was under the age of 18 years and as a result has
been detained in a detention centre or other institution for juvenile
offenders, or in a correctional centre, is excluded from jury service for 3
years after the expiry of the period of detention.
(4)
Subclause (3) does not apply to:
(a)
any period of detention converted to a
non-custodial penalty on appeal or where the relevant order made on the
finding of guilt has been quashed, or
(b)
a period of detention in respect of a finding of
guilt that has been quashed or annulled or for which a pardon has been
granted, or
(c)
a period of detention for failure to pay a
fine.
(5)
In this clause, a reference to being detained in
a detention centre or other institution for juvenile offenders includes a
reference to:
(a)
being subject to an order for such detention
where the operation of the order is suspended, or
(b)
being on probation or parole after serving part
of a period of detention.
4Persons subject to certain
orders and disqualifications or in custody
(1)
A person is excluded from jury service during any
period in which the person is bound by an order made in New South Wales or
elsewhere pursuant to or consequent on a criminal charge or conviction
including the following orders so made, but not including an order for
compensation:
(a)
an apprehended violence order within the meaning
of the Crimes (Domestic and Personal
Violence) Act 2007,
(b)
a community service order or an order under
section 9, 10 or 11 of the Crimes
(Sentencing Procedure) Act 1999,
(c)
an extended supervision order, a continuing
detention order or an interim detention order under the Crimes
(High Risk Offenders) Act 2006,
(d)
a non-association order or place restriction
order within the meaning of the Crimes
(Sentencing Procedure) Act 1999,
(e)
a prohibition order or contact prohibition order
within the meaning of the Child Protection (Offenders
Prohibition Orders) Act 2004,
(f)
an order under section 7A of the Drug Court Act 1998,
(g)
an intervention program order within the meaning
of the Crimes (Sentencing Procedure) Act
1999.
(2)
A person is excluded from jury service during any
period in which the person is:
(a)
a person in custody within the meaning of section
249 of the Crimes (Administration of Sentences)
Act 1999, or
(b)
awaiting trial or sentence for an offence or the
determination of appeal proceedings in relation to an offence for which the
person has been found guilty or convicted, or
(c)
subject to a preventative detention order within
the meaning of Part 2A of the Terrorism (Police
Powers) Act 2002 or a control order or interim control
order under Division 104 of the Criminal Code of
the Commonwealth, or
(d)
a registrable person within the meaning of the
Child Protection (Offenders Registration) Act
2000, or
(e)
bound by an undertaking to participate in the
Program under the Pre-Trial Diversion of Offenders Act
1985, or
(f)
subject to a limiting term under the Mental Health (Forensic Provisions) Act
1990, or
(g)
detained in a hospital or other place under
Division 6 of Part IB of the Crimes Act 1914 of
the Commonwealth, or
(h)
subject to an interim control order, or a control
order, within the meaning of the Crimes (Criminal
Organisations Control) Act
2012.
(3)
A person is excluded from jury service during any
period of 12 months or more in which the person is disqualified from holding a
driver licence.
5Persons holding particular
office
(1)
A person holding any of the following offices is
excluded from jury service:
(a)
the Governor,
(b)
a judicial officer (within the meaning of the
Judicial Officers Act
1986),
(c)
(d)
a member of the Executive
Council,
(e)
a member of the Legislative Council or
Legislative Assembly,
(f)
the Ombudsman, a Deputy Ombudsman or an Assistant
Ombudsman.
(g)–(l)
(2)
A person who held an office referred to in
subclause (1) is also excluded from jury service for the period of 3 years
after ceasing to hold that office.
5APersons who are Australian
lawyers
A person who is an Australian lawyer, whether or
not an Australian legal practitioner, is excluded from jury
service.
6Persons employed or engaged in
certain occupations in the public sector
(1)
A person who is a paralegal is excluded from jury
service during any period in which he or she is employed or engaged in the
public sector in the provision of legal services in criminal
cases.
(2)
A person is excluded from jury service during any
period in which the person is employed or engaged as a member of staff in any
of the following bodies, except if the person is employed or engaged as
clerical, administrative or support staff:
(a)
the Office of the Ombudsman,
(b)
the Office of the Director of Public
Prosecutions,
(c)
the Crown Solicitor’s
Office.
(3)
A person is excluded from jury service during any
period in which he or she is employed or engaged in law enforcement or
criminal investigation in any of the following bodies, except if the person is
employed or engaged on a casual or voluntary basis or as clerical,
administrative or support staff:
(a)
the NSW Police Force,
(b)
the Australian Federal
Police,
(c)
the NSW Crime Commission,
(d)
the Australian Crime
Commission,
(e)
the Police Integrity
Commission,
(f)
the Independent Commission Against
Corruption.
(4)
A person who was employed or engaged as referred
to in subclause (1), (2) or (3) is also excluded from jury service for the
period of 3 years after ceasing to be so employed or
engaged.
7Persons having access to
information about inmates and other detainees
(1)
A person is excluded from jury service during any
period in which he or she holds the position of a member, officer or employee
of any of the following bodies but only if, as a result of holding that
position, the person has direct access to inmates or information about
inmates:
(a)
the Department of Attorney General and
Justice,
(b)
the State Parole Authority,
(c)
the Serious Offenders Review
Council,
(d)
the Serious Young Offenders Review
Panel,
(e)
the Probation and Parole
Service,
(f)
the Justice and Forensic Mental Health
Network,
(g)
the Mental Health Review
Tribunal.
(2)
A person who held a position referred to in
subclause (1) is also excluded from jury service for the period of 3 years
after ceasing to hold that position.
(3)
In this clause, inmate has the same meaning as in
the Crimes (Administration of Sentences) Act
1999 and includes a person on remand and a person subject
to control within the meaning of the Children
(Detention Centres) Act 1987.
8Undischarged
bankrupts
A person is excluded from jury service for any
period during which he or she is an undischarged
bankrupt.
Note—
Other persons are ineligible for jury service
because of the Jury Exemption Act 1965 of the
Commonwealth.
[23]Schedule
3
Omit the Schedule. Insert instead:
Schedule 2Persons who have a right to
claim exemption
(Section 7)
1
Clergy.
2
Vowed members of any religious
order.
3
Persons practising as
dentists.
4
Persons practising as
pharmacists.
5
Persons practising as medical
practitioners.
6
A person employed or engaged (except on a casual
or voluntary basis) in the provision of fire, ambulance, rescue, or other
emergency services, whether or not in the public sector.
7
A person who:
(a)
within the 3 years that end on the date of the
person’s claim for exemption, attended court in accordance with a
summons and served as a juror, or
(b)
within the 12 months that end on the date of the
person’s claim for exemption, attended court in accordance with a
summons and who was prepared to, but did not, serve as a
juror.
8
A person who is entitled to be exempted under
section 39 on account of previous lengthy jury service.
9
A person who resides with, and has the full-time
care of, a person who is sick, infirm or disabled.
[24]Schedule 8 Transitional and
savings provisions
Insert at the end of clause 1A (1):
Jury Amendment
Act 2010
[25]Schedule 8, Part
12
Insert after Part 11:
Part 12Transitional and savings
provisions consequent on enactment of Jury Amendment
Act 2010
21Application of
amendments
(1)
In this clause, amending
Act means the Jury Amendment
Act 2010.
(2)
Subject to the regulations, an amendment made to
a provision of this Act by the amending Act:
(a)
does not affect any juror empanelled before the
commencement of the amendment or give rise to a right to challenge any such
juror, and
(b)
does not require any notice sent under section 13
before the commencement of the amendment to be sent again,
and
(c)
does not prevent a person to whom such a notice
was sent from claiming to be excluded from jury service under Schedule 1 as in
force after the commencement of the amendment, and
(d)
does not prevent a person to whom such a notice
was sent from claiming an exemption as of right under Schedule 3 as in force
before the commencement of the amendment or from claiming or requesting an
exemption under this Act as in force after that commencement,
and
(e)
does not prevent a person to whom such a notice
was sent from applying for deferral of jury service under section 14B as
inserted by the amending Act, and
(f)
does not affect the validity of any jury roll
certified under section 16 before the commencement of the amendment,
and
(g)
does not affect the validity of any supplementary
jury roll prepared before the commencement of the
amendment.
(3)
Without limiting clause 1A, regulations of a
savings or transitional nature may be made for or with respect to the
application of any provision of this Act that is amended by the amending
Act.
sch 1: Am 1987 No 15,
sec 30C; 2011 No 41, Sch 5.14; 2013 No 1, Sch 1.14 [1]–[6]; 2013 No 4,
Sch 2.11.
Schedule 2
sch 2: Am 1987 No 15,
sec 30C. Rep 2012 No 42, Sch 5.
Historical
notes
Table of amending
instruments
Jury Amendment
Act 2010 No 55. Assented to 28.6.2010. Date of
commencement, Sch 1 [17] and Sch 2 excepted, 31.1.2014, sec 2 and 2014 (12) LW
31.1.2014; date of commencement of Sch 1 [17] and Sch 2 [2] (except to the
extent that it inserts a note to cl 5 (4) of the Jury Regulation 2004) and [3], 1.8.2010,
sec 2 and 2010 (386) LW 30.7.2010; Sch 2 (except Sch 2 [2] (except to the
extent that it inserts a note to cl 5 (4) of the Jury Regulation 2004) and [3]) was not
commenced and was repealed by the Statute Law
(Miscellaneous Provisions) Act 2012 No 42. This Act has
been amended as follows:
2011
No
41
Transport
Legislation Amendment Act 2011. Assented to
13.9.2011.
Date of commencement of Sch 5.14, 1.11.2011, sec 2 and
2011 (559) LW 28.10.2011.
2012
No
42
Statute Law
(Miscellaneous Provisions) Act 2012. Assented to
21.6.2012.
Date of commencement of Sch 5, 6.7.2012, sec 2
(1).
2013
No
1
Courts and Other
Legislation Further Amendment Act 2013. Assented to
28.2.2013.
Date of commencement of Sch 1.14, assent, sec 2
(1).
No
4
Crimes (Serious
Sex Offenders) Amendment Act 2013. Assented to
19.3.2013.
Date of commencement, assent, sec
2.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Am 1987 No
15, sec 30C; 2011 No 41, Sch 5.14; 2013 No 1, Sch 1.14 [1]–[6]; 2013 No
4, Sch 2.11.
Sch
2
Am 1987 No
15, sec 30C. Rep 2012 No 42, Sch 5.