Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012

1: Title
This Act is the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012.
2: Commencement
1: Parts 1 2
2: One or more orders may be made bringing different provisions into force on different dates, so long as the provisions in Part 2
3: Any provisions in Parts 1 2 Section 2(1) brought into force 29 April 2013 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act Commencement Order 2013
3: Principal Act amended
This Act amends the Juries Act 1981 OIC SR 2013/42 2013-04-29 Juries Act 1981 Parts 1 and 2 come into force on a date appointed by the Governor-General by Order in Council.
1: Jury service
4: Purpose of this Part
The purpose of this Part is to amend the principal Act
a: disqualifies from jury service a person who, at any time within the preceding 5 years, has been sentenced to home detention for a period that is, or is more than, 3 months; and
b: requires a person on whom a court has imposed a sentence of home detention for a period of less than 3 months, and who is summoned to serve as a juror on an occasion in a week during which he or she will be subject to the sentence, to be permitted to defer that person's attendance to serve as a juror to a date after the person has ceased to be subject to the sentence, or to be excused from serving as a juror on that occasion; and
c: ensures that the Registrar has a discretion or duty to excuse a person summoned to attend as a juror on any occasion from attending not only on that occasion, but also in any court on any occasion, and also that a person who the Registrar has excused from jury service permanently is no longer, unless that permanent excusal is cancelled, qualified and liable to serve as a juror.
5: Disqualification
Section 7(b) corrective training home detention for a period that is, or is more than, 3 months
6: Certain persons not to serve
Section 8
hc: a person who, under section 15A section 15A(3) .
7: Summoning of jurors
1: Section 13(3A)(b) on a particular occasion excused the person from jury service
2: Section 13(3A)
ba: the Registrar has, under section 15A section 15A(3) .
8: Further provisions relating to deferral of jury service
Section 14C(3) , 15A section 15
9: New section 14D inserted
The following section is inserted after section 14C
14D: Deferral of, or excusal from, jury service of person subject to home detention for less than 3 months
1: This section applies to a Registrar who becomes aware from information available to the Registrar that a person summoned to attend as a juror on an occasion is—
a: an offender on whom a court has imposed a sentence of home detention for a period of less than 3 months; and
b: summoned to serve in a week during which the person will be subject to the sentence of home detention.
2: The Registrar must, despite any provision of this Act to the contrary,—
a: permit the person to defer the person's attendance to serve as a juror under section 14B to a date after the person has ceased to be subject to the sentence of home detention; or
b: excuse that person from serving as a juror on that occasion under section 15.
10: Registrar may excuse from jury service
1: The heading to section 15
a: omitting Registrar may Registrar's discretion and duty to
b: adding on particular occasion
2: Section 15(2) A person summoned to attend as a juror on any occasion shall, on application to the Registrar, be excused by the Registrar from attending on that occasion if that person— The Registrar must excuse a person summoned to attend as a juror on an occasion from attending on that occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person—
3: Section 15(2)(aa) years 65
4: Section 15
3: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.
11: New sections 15A and 16 substituted
Section 16
15A: Registrar's discretion and duty to excuse from jury service permanently
1: The Registrar may excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that, because of the person's disability or state of health, the person would not, if required to attend as a juror in any court on any occasion, be able to perform a juror's duties satisfactorily.
2: The Registrar must excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person is of or over the age of 65 years.
3: The Registrar must cancel a person's permanent excusal under subsection (2) promptly after receiving a written application for the purpose made by or on behalf of the person.
4: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.
5: If the Registrar declines an application under this section, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which the applicant is summoned to appear.
16: Judge's discretion to excuse from jury service on particular occasion
1: A Judge may in accordance with this section excuse a person summoned to attend as a juror on any occasion in the court in which the Judge sits from attending on that occasion.
2: The person may be excused only on an application for the purpose made by or on behalf of the person.
3: The Judge may excuse the person from attending on that occasion if—
a: the panel that was used in summoning the person to attend as a juror has been compiled in respect of 1 trial only; and
b: the Judge is satisfied that the person is personally concerned in the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses.
4: The Judge may excuse the person from attending on that occasion if satisfied of either of the following:
a: a ground on which the Registrar could have excused that person under section 15; or
b: that the person objects to jury service on grounds of conscience, whether or not of a religious character.
5: Subsection (4)(a) applies whether or not the Registrar has declined to do either or both of the following:
a: permit the person to defer jury service under section 14B:
b: excuse the person from attending as a juror (whether on that occasion, or in any court on any occasion) under section 15 or 15A.
12: Jury rules: amendments relating to permanent excusals
1: Section 35(1)(d) either or both any or all
2: Section 35(1)(d)(ii) 15A
3: Section 35(1)(d)
iii: an application under section 15A(3) section 15A(2) .
13: New section 36A inserted
The following section is inserted after section 36
36A: Purpose and application of 2012 amendments on jury service
1: The purpose of Part 1 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
a: disqualifies from jury service a person who, at any time within the preceding 5 years, has been sentenced to home detention for a period that is, or is more than, 3 months; and
b: requires a person on whom a court has imposed a sentence of home detention for a period of less than 3 months and who is summoned to serve as a juror on an occasion in a week during which he or she will be subject to the sentence to be permitted to defer that person's attendance to serve as a juror to a date after the person has ceased to be subject to the sentence, or to be excused from serving as a juror on that occasion; and
c: ensures that the Registrar has a discretion or duty to excuse a person summoned to attend as a juror on any occasion from attending not only on that occasion, but also in any court on any occasion, and also that a person who the Registrar has excused from jury service permanently is no longer, unless that permanent excusal is cancelled, qualified and liable to serve as a juror.
2: The amendments made to this Act by a provision of that Part
2: Protection of particulars of jury list information
14: Purpose of this Part
The purpose of this Part is to amend the principal Act
a: helps to maintain jurors' privacy, safety, and security by protecting particulars of jury list information; but also
b: ensures that parties to proceedings have available to them processes, and enough information, to enable them to exercise effectually their rights under the principal Act to challenge persons selected as jurors.
15: Interpretation
Section 2 jury list information litigant in person
a: is a party to the proceedings; but
b: for the proceedings is not represented by a barrister or solicitor, or is represented only by a barrister or solicitor appointed under, and performing only the function stated in, section 14AC panel information protected particulars public prosecution
a: the Crown (including, without limitation, by a person who is, and is acting in his or her capacity as, a Crown solicitor, an employee or officer of a government department, or a Police employee); or
b: a Crown entity within the meaning of section 7
c: a statutory public body or board (including, without limitation, a local authority) .
16: Summoning of jurors
Section 13
1A: The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person.
17: Inspection of jury panel
1: Section 14(1)(b) (being days on which the office of the court is open for business) 7 days
2: Section 14(1A)
b: a person who is a party to proceedings that are due to be heard during that week and is a litigant in person; or
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week (whether or not those proceedings are a public prosecution); or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
3: Section 14(4)
18: New sections 14AB and 14AC inserted
The following sections are inserted after section 14A
14AB: Inspection of protected particulars of jury list information excluded from panel
1: The Registrar must comply with a request to make a copy of protected particulars excluded from a panel under section 13(1A)
a: by that eligible person; and
b: at a time not earlier than 7 days (being days on which the office of the court is open for business) before the commencement of the week for which the jurors on the panel are summoned to attend for jury service.
2: In subsections (1) and (4), eligible person
a: a barrister or solicitor acting for a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; or
b: a barrister or solicitor appointed under section 14AC
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week and that are a public prosecution; or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
3: A barrister or solicitor to whom a copy of protected particulars is made available under subsections (1) and (2)(a) or (b) must use the copy or any copies of it (the document sections 23 to 26
4: However, an eligible person (despite subsection (3)),—
a: must not show the document or disclose all or any of its contents to a person (in this subsection called a prohibited person
i: an eligible person:
ii: a Judge, a Registrar, or a member of the court registry staff; and
b: must not leave the document in the possession of a prohibited person; and
c: must take all reasonable steps to ensure that the document and all or any of its contents are not copied by a prohibited person.
5: Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of protected particulars must (despite subsection (3)) return the copy or copies to the Registrar or a member of the court registry staff as soon as practicable after the case is opened or the defendant is given in charge.
6: However, subsection (5) does not apply to—
a: the Registrar or a member of the court registry staff; and
b: any other person if the court or a Judge, in the court’s or Judge’s discretion and on a written application for the purpose, orders that the other person need not return the copy or copies.
7: A breach of subsection (4) or (5) may be dealt with as contempt of court.
14AC: Counsel to inspect protected particulars, and exercise rights of challenge, for litigant in person
1: On a request for the purpose by or on behalf of a party, the Registrar must appoint a barrister or solicitor to act for the party in respect of a request under section 14AB(1)
a: is a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; and
b: is a litigant in person who wishes to have, but does not have, a barrister or solicitor appointed under this section to perform the function stated in subsection (2).
2: The only function of a barrister or solicitor appointed under this section is to exercise rights of challenge under sections 23 to 26 for the litigant in person by requesting under section 14AB(1) section 13(1A)
3: Subsection (2) is subject to section 14AB(4) and (5)
4: Fees for professional services provided, and reasonable expenses incurred, by the barrister or solicitor in performing that function—
a: must, after a bill for them is submitted, be determined by the Registrar in accordance with any currently in force relevant general directions under subsection (5); and
b: are payable out of public money appropriated by Parliament for the purpose.
5: The chief executive may from time to time give written general directions as to how the Registrar must determine under subsection (4)(a) the fees and expenses.
6: The general directions are in force until revoked or revoked and replaced in writing, and may (without limitation) require the Registrar, unless satisfied in a particular case that a specified exception applies, to determine the fees and expenses using specified, or specified ranges of, rates or amounts.
7: The ranges, rates, or amounts may differ according to—
a: the time spent and the complexity of the proceedings:
b: the barrister's or solicitor's level of experience:
c: whether professional services are provided in a specified number of proceedings during a specified period:
d: any other factors the chief executive thinks relevant.
19: Jury rules: amendment relating to panel information
Section 35(1)(b)
iii: what jury list information about each person named on a jury list and on a panel must be included on the panel: .
20: New section 36B inserted
The following section is inserted before section 37
36B: Purpose and application of 2012 amendments on protection of particulars of jury list information
1: The purpose of Part 2 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
a: helps to maintain jurors' privacy, safety, and security by protecting particulars of jury list information; but also
b: ensures that parties to proceedings have available to them processes, and enough information, to enable them to exercise effectually their rights under this Act to challenge persons selected as jurors.
2: This Act applies to panels compiled before the commencement of that Part as if that Part had not been enacted.
3: Defendant section 14AB(5) section 7 and the Schedule of the Juries Amendment Act 2011 accused