Jury Regulation 2004

1 Name of Regulation

This Regulation is the Jury Regulation 2004.

2 Interpretation

(1)  In this Regulation:

the Act means the Jury Act 1977.

(2)  Notes in the text of this Regulation do not form part of this Regulation.

3 Jury districts

(1)  In determining the electoral districts and parts of electoral districts that are to comprise the jury districts constituted under section 9 (2) of the Act, the sheriff must ensure that:

(a)  the address of each person whose name appears on an electoral roll is included in one, but not more than one, jury district, and

(b)  there will, in the sheriff’s opinion, be a sufficient number of persons eligible to be called for jury service in each jury district.

(2)  The sheriff may keep jury district records in computerised form.

4 Alternate procedure where sheriff interested in case

The person holding the office of Director-General of the Attorney General’s Department is prescribed for the purposes of section 24 (1) of the Act.

5 Payment for jury service

(1)  For the purposes of section 72 (1A) of the Act, the prescribed rate at which a person in attendance for jury service at a court or coronial inquest is entitled to be paid for attendance on any day is the sum of the attendance fee (if applicable), the travelling allowance and the refreshment allowance (if applicable) calculated in respect of that day in accordance with Scales A, B and C, respectively, in Schedule 1.

(2)  A person’s claim for an attendance fee set out in Scale A in Schedule 1 is to be accompanied by a statutory declaration verifying:

(a)  if the person was an employee at the time the person was in attendance for jury service—that he or she was not paid a full wage or salary by his or her employer while attending for jury service, or

(b)  that the person was not employed at the time the person was in attendance for jury service.

6 Repeal

(1)  The Jury Regulation 1999 is repealed.

(2)  Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under the Jury Regulation 1999 is taken to have effect under this Regulation.

Schedule 1 Scales of daily fees and allowances payable for attendance for jury service

(Clause 5)

Scale A	Attendance fee	Fee per day
	Day of attendance	$
	1st:
	(a)  if a person attends for less than 4 hours on that day but is not selected for jury service	Nil
	(b)  if a person attends for less than 4 hours on that day and is selected for jury service	42.90
	(c)  if a person attends for 4 hours or more on that day (whether or not the person is selected for jury service)	86.20
	2nd–5th	86.20
	6th–10th	100.10
	11th and subsequent days	116.80
	Despite the attendance fee specified above for each day or part of a day that a person is in attendance for jury service, if the person is paid his or her full wage or salary on a day of attendance by his or her employer (not being an amount that is the difference between the person’s full wage or salary and the attendance fee) and:	Nil
	(a)  that wage or salary is equal to or greater than the attendance fee specified above	Nil
	(b)  that wage or salary is less than the attendance fee specified above	the difference between the attendance fee and the person’s wage or salary
	Note— See clause 5 (2) regarding the requirement of submitting a completed statutory declaration if a person in attendance for jury service claims an attendance fee.
Scale B	Travelling allowance
	On each day that a person is in attendance for jury service, for one journey each way between the place of residence of that person, as shown on the jury roll, and the court or coronial inquest attended, the person is entitled to be paid at the rate of 28.90 cents per kilometre with: (a)  a minimum payment of $4.00 each way (being a minimum payment for 14 kilometres each way), and (b)  a maximum payment of $28.90 each way (being a maximum payment for 100 kilometres each way), whether or not public transport is used.
Scale C	Refreshment allowance
	If a person serving as a juror is released by the judge or coroner during a luncheon adjournment, the juror is entitled to be paid a refreshment allowance of $6.30.

sch 1: Subst 2005 (204), Sch 1; 2006 (365), Sch 1; 2007 (290), Sch 1.