Juries Regulation 2018 (ACT)

Juries Regulation 2018   

SL2018-4

made under the

Juries Act 1967

Republication No 4

Effective:  27 March 2024

Republication date: 27 March 2024

Last amendment made by A2023‑45

About this republication

The republished law

This is a republication of the Juries Regulation 2018, made under the Juries Act 1967 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 March 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 March 2024.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Juries Regulation 2018

made under the

Juries Act 1967

Contents

Page

1            Name of regulation  2

2            Notes  2

3            Disqualified people, exempt people and people who may claim exemption—Act, s 11   2

Schedule 1 Jury service  3

Part 1.1    General  3

1.1          Meaning of standard—sch 1  3

Part 1.2    Disqualified people  4

Part 1.3    Exempt people  6

Part 1.4    People who may claim exemption  9

Endnotes

1            About the endnotes  10

2            Abbreviation key  10

3            Legislation history  11

4            Amendment history  12

5            Earlier republications  13

Juries Regulation 2018

made under the

Juries Act 1967

1. Name of regulation

   This regulation is the Juries Regulation 2018.

2. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3. Disqualified people, exempt people and people who may claim exemption—Act, s 11

   (1)A person mentioned in schedule 1, part 1.2, column 2 is disqualified for the period mentioned in column 3.

   (2)A person mentioned in schedule 1, part 1.3, column 2 is exempt for the period mentioned in column 3.

   (3)A person mentioned in schedule 1, part 1.4 may claim an exemption.

Schedule 1Jury service

(see s 3)

Part 1.1General

1.1Meaning of standard—sch 1

In this schedule:

standard means the period during which a person is employed in the occupation or affected by the circumstance mentioned in schedule 1, part 1.3, column 2.

Note 1Doctor, enrolled nurse, nurse, nurse practitioner and public trustee and guardian are defined in the Legislation Act, dictionary, pt 1.

Note 2Nurse includes a midwife (see Legislation Act, dict, pt 1).

Part 1.2Disqualified people

Table 1.2

column 1 item	column 2 disqualified people	column 3 disqualification period
1	a person who has been convicted, within or outside the ACT, of an offence punishable by life imprisonment	life
2	a person who has been convicted, within or outside the ACT, of a terrorist offence	life
3	a person who has been convicted, within or outside the ACT, of an offence—     (a)      involving—   (i)      actual or threatened violence; or                    (ii)      endangering life; and     (b)      punishable by imprisonment for 15 years or more Examples murder, manslaughter, grievous bodily harm	life
4	a person who has been convicted, within or outside the ACT, of a sexual offence punishable by imprisonment for 10 years or more	life
5	a person who has been convicted, within or outside the ACT, of unlawfully possessing or making explosives	life
6	a person who has been convicted, within or outside the ACT of an offence and given a prison sentence, other than a prison sentence for failing to pay a fine, when 18 years or older	(a)   if sentence less than 3 months—5 years after the sentence or post-prison good behaviour order or parole ends; or (b)   if sentence 3 months or more—10 years after the sentence or post-prison good behaviour order or parole ends
7	a person who has been convicted, within or outside the ACT of an offence and given a detention order, other than a detention order for failing to pay a fine, when under 18 years	3 years after the detention period ends
8	a person who has been convicted, within or outside the ACT of an offence and given a good behaviour order, whether or not there is a community service order attached	3 years after the good behaviour order ends
9	a person who has been convicted, within or outside the ACT of an offence punishable by imprisonment, who is awaiting sentencing or the outcome of an appeal	period until sentence imposed or outcome of appeal known

Part 1.3Exempt people

Table 1.3

column 1 item	column 2 exempt people	column 3 exemption period
1	a person exempt from serving as a juror under— ·     the Jury Exemption Act 1965 (Cwlth), section 4 or regulations under that section; or ·     the Navigation Act 2012 (Cwlth), section 89	standard
2	a magistrate or coroner	2 years after the appointment as magistrate or coroner ends
3	an employee of the government of a foreign country or of an international organisation	standard
4	the official secretary to the Governor-General	standard
5	an Australian legal practitioner under the Legal Profession Act 2006, or an employee of an Australian legal practitioner	standard
6	a practising doctor	standard
7	a police officer	5 years after the employment as police officer ends
8	a person engaged in full-time or part-time duties as a member of an emergency service (not including on a casual or volunteer basis)	standard
9	a person living in the Jervis Bay Territory	standard
10	a judge	2 years after the appointment as judge ends
11	a member of the Legislative Assembly or a member of staff of a member of the Legislative Assembly who is an adviser or private secretary	standard
12	a director-general	standard
13	a public servant in the staff of the following: (a)   the Supreme Court; (b)   the Magistrates Court	2 years after the employment ends
14	a public servant providing legal professional services in the staff of the Justice and Community Safety Directorate	standard
15	a public servant providing legal professional services in the staff of the following: (a)   the Legal Aid Commission (A.C.T.); (b)   the Office of the Director of Public Prosecutions	2 years after the employment ends
16	a person holding any of the following positions in the Legislative Assembly: (a)   clerk; (b)   deputy clerk; (c)   clerk assistant; (d)   sergeant-at-arms; (e)   editor of debates; (f)    secretary to a committee of the Assembly	standard
17	an employee at any of the following places: (a)   a place declared to be a detention place under the Children and Young People Act 2008, section 142; (b)   a place approved as a place of care under the Children and Young People Act 2008, section 525; (c)   a place declared to be an intensive therapy place under the Children and Young People Act 2008, section 589	2 years after the employment ends
18	the emergency services commissioner and a chief officer, or deputy chief officer, of an emergency service	standard
19	an employee of ACT Corrective Services	2 years after the employment ends
20	a person appointed as any of the following: (a)   a royal commission under the Royal Commissions Act 1991, section 5; (b)   a board of inquiry under the Inquiries Act 1991, section 5; (c)   a member of the judicial council established under the Judicial Commissions Act 1994, section 5A; (d)   a member of a judicial commission under the Judicial Commissions Act 1994, section 6	standard
21	a public servant during the period the public servant is made available to a royal commission, board of inquiry or judicial commission	standard
22	a commissioner under the Human Rights Commission Act 2005 or the public trustee and guardian under the Public Trustee and Guardian Act 1985	2 years after the appointment ends
23	a person for whom a guardian has been appointed under the Guardianship and Management of Property Act 1991	standard

Part 1.4People who may claim exemption

Table 1.4

column 1

item

column 2

people who may claim exemption

1

a minister of religion

2

a practising member of a religious society or order the beliefs or principles of which are incompatible with jury service

3

a professor, lecturer, school principal or teacher engaged in full-time or part‑time teaching of organised classes (not including on a casual or voluntary basis) at a university, college or school

4

an editor of a newspaper

5

a practising nurse, practising enrolled nurse, practising nurse practitioner

6

a household officer or member of staff of the Governor-General

7

a person who is 70 years old or older

8

a person with disability within the meaning of the Disability Services Act 1991, including a person who is totally or partially blind, or totally or partially deaf

9

a person who is subject to a mental health order under the Mental Health Act 2015

10

a person who is unable to read and speak the English language

11

a person who lives with, and is caring full-time for, a person who is sick or infirm or who is a person with disability within the meaning of the Disability Services Act 1991

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was made as part of the Courts and Other Justice Legislation Amendment Act 2018 (see A2018-9 s 89) and is taken to have been made under the Juries Act 1967 A1967-47 (see s 53 (1) as ins by A2018-9 s 88).

   Juries Regulation 2018 SL2018-4

   taken to have been notified LR 29 March 2018 (A1967-47 s 53 (3) (a) as ins by A2018-9 s 88)
   s 1 commenced 29 March 2018 (LA s 75 (1))
   remainder taken to have commenced 26 April 2018 (A1967-47 s 53 (3) (b) as ins by A2018-9 s 88)

   as amended by

   Justice and Community Safety Legislation Amendment Act 2019 A2019-17 pt 8

   notified LR 14 June 2019
   s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
   pt 8 commenced 21 June 2019 (s 2)

   Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.9

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.9 commenced 30 September 2023 (s 2)

   Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.7

   notified LR 15 November 2023
   s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
   sch 1 pt 1.7 commenced 27 March 2024 (s 2 (2) (a))

2. Amendment history

   Exempt people

   sch 1 pt 1.3am A2019‑17 s 21; A2023-37 amdt 1.15; A2023-45 amdt 1.31

   People who may claim exemption

   sch 1 pt 1.4am A2019‑17 s 22

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 26 Apr 2018	26 Apr 2018– 20 June 2019	not amended	new regulation
R2 21 June 2019	21 June 2019– 29 Sept 2023	A2019‑17	amendments by A2019‑17
R3 30 Sept 2023	30 Sept 2023– 26 Mar 2024	A2023‑37	amendments by A2023‑37