Juries Regulations 2015 (TAS)

Juries Regulations 2015

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 .27 November 2015

C. WARNER

Governor

By Her Excellency’s Command,

DR VANESSA GOODWIN

Minister for Justice

PART 1Preliminary1Short titleThese regulations may be cited as the Juries Regulations 2015 . 2CommencementThese regulations take effect on 21 December 2015. 3InterpretationIn these regulations – Act means the Juries Act 2003 ; Registrar means Registrar of the court. PART 2Prescribed Remuneration and Allowances for Jury Service4Prescribed remuneration for persons not in employmentSubject 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 entitled to be paid the following prescribed remuneration: (a) 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) $25 for the first half-day of attendance at court; and (ii) $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) $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. 5Prescribed remuneration for employed or self-employed jurors (1)  Subject to subregulation (2) , a person who attends court in response to a summons for jury service or as a supplementary juror is entitled to be paid the following prescribed remuneration: (a) if the person is an employee and is in receipt of salary, wages or income, the amount of the loss of salary, wages or income 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 (4) for each day or part of a day; (b) if the person is self-employed, the amount of the loss of 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 (4) for each day or part of a day. (2)  Before being entitled to payment of an amount under subregulation (1)(a) or (b) , a person must satisfy the Registrar that – (a) 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 in response to a summons for jury service or as a supplementary juror. (3)  For the purpose of subregulation (2) , the Registrar may require a person to produce – (a) if the person is an employee, either or both of the following: (i) 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; (ii) a certificate from the person’s employer to the effect that, or other evidence showing that, the person would have been, but was not, rostered for work on the day the person attended court; or (b) if the person is self-employed, a signed statement to the effect that, or other evidence showing that, the person has suffered loss of income or other monetary loss. (4)  For the purpose of subregulation (1) , the specified remuneration is calculated in accordance with the following formula: where – R is the specified remuneration for a financial year; A is the average weekly earnings that, as at 1 January of the financial year that immediately precedes the financial year in which the specified remuneration is to apply, were the most recently published average weekly earnings; B is the average weekly earnings for February in 2008. (5)  In subregulation (4)  – 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. 6Prescribed travelling and meal allowancesIn 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 Tasmanian State Service Award, made under the Industrial Relations Act 1984 , in respect of persons who are State Service officers or State Service employees. 7State Service employees not entitled to paymentA State Service officer or State Service employee who is entitled, under the State Service Regulations 2011 , 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 9 December 2015

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe the remuneration and allowances to be paid to certain persons who attend court in response to a summons for jury service or as a supplementary juror; and (b) are made consequentially on the repeal of the Juries Regulations 2005 under section 11 of the Subordinate Legislation Act 1992 .