Juries (Remuneration for Jury Service) Variation Regulations 2007 (SA)

South Australia

Juries (Remuneration for Jury Service) Variation Regulations 2007

under the Juries Act 1927

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Juries (Remuneration for Jury Service) Regulations 2002

1. Variation of regulation 4—Interpretation

2. Variation of regulation 5—Remuneration of jurors (section 70 of Act)

3. Substitution of Schedule

   Schedule—Scale of remuneration

Part 1—Preliminary

1—Short title

These regulations may be cited as the Juries (Remuneration for Jury Service) Variation Regulations 2007.

2—Commencement

These regulations will come into operation on 1 July 2007.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Juries (Remuneration for Jury Service) Regulations 2002

4—Variation of regulation 4—Interpretation

Regulation 4, definition of indexation factor—delete "2002" and substitute:

2007

5—Variation of regulation 5—Remuneration of jurors (section 70 of Act)

Regulation 5(5) to (7)—delete subregulations (5) to (7) (inclusive) and substitute:

(5)The maximum daily rate—

(a)prescribed by clause 1(b) of the Schedule for each day's attendance at court by a juror (other than a juror empanelled for a long trial) in compliance with the summons will, at the commencement of each financial year (other than the financial year commencing on 1 July 2007), be adjusted by multiplying that amount by the indexation factor applicable to the financial year on which the day falls; and

(b)prescribed by clause 2(b)(ii) of the Schedule for each sitting day of a long trial for a juror empanelled for the long trial will, at the commencement of each financial year (other than the financial year commencing on 1 July 2007), be adjusted by multiplying that amount by the indexation factor applicable to the financial year on which the sitting day falls.

(6)The sum of the daily rate and any amount for monetary loss suffered or necessarily incurred expenditure (other than travelling expenses) to be paid on any day to a juror must not—

(a)in the case of a long trial—exceed the maximum daily rate prescribed by clause 2(b)(ii) of the Schedule (as adjusted from time to time under subregulation (5)(b)); and

(b)in any other case—exceed the maximum daily rate prescribed by clause 1(b) of the Schedule (as adjusted from time to time under subregulation (5)(a)).

(7)Travelling expenses (if any) to be paid for each day's attendance at court by a juror in compliance with the summons—

(a)are in addition to any other amount payable to the juror; and

(b)will, at the commencement of each financial year (other than the financial year commencing on 1 July 2007), be adjusted by multiplying the amount prescribed by clause 3 of the Schedule by the indexation factor applicable to the financial year on which the day falls.

6—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule—Scale of remuneration

1	For each day's attendance at court by a juror (other than a juror empanelled for a long trial) in compliance with the summons—
(a)    if the attendance did not cause the juror to suffer a monetary loss, or to necessarily incur expenditure, exceeding $20.00	$20.00
(b)    if the sheriff is satisfied that the attendance caused the juror to suffer a monetary loss, or to necessarily incur expenditure, exceeding $20.00—a sum equal to the loss or expenditure but not exceeding	$125.00
2	For a juror empanelled for a long trial—
(a)    for each day's attendance at court in compliance with the summons before being empanelled—as set out in clause 1(a) or (b) (as the case may be)
(b)    for each sitting day of the long trial after being empanelled—
(i)     if attending court did not or would not cause the juror to suffer a monetary loss, or to necessarily incur expenditure, exceeding $20.00	$20.00
(ii)    if the sheriff is satisfied that attending court did or would cause the juror to suffer a monetary loss, or to necessarily incur expenditure, exceeding $20.00—a sum equal to the loss or expenditure but not exceeding	$225.00
3	For each day of attending court, travelling expenses incurred travelling between the court and the juror's residence, for each kilometre travelled Note— If travelling expenses are to be paid to a juror, the minimum amount to be paid to the juror for each day's attendance at court is 12 times the amount fixed for each kilometre.	$0.60

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 June 2007

No 181 of 2007

AGO0056/07CS