Jury Act Amendment Act 1982 (Qld)

877 O ueext haxnt ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 62 of 1982 An Act to amend the JuryAct 1929- 1981 in certain particulars [ASSENTED TO 13TH DECEMBER, 1982]

878 Jury Act Amendment Act 1982, No. 62 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Jury Act Amendment Act 1982. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Section 11 shall have effect and be deemed to have had effect as if it commenced and was effective on and from 1 July 1981 and shall have retrospective operation accordingly. (3) Except as provided by subsections (1) and (2), this Act shall commence on a day appointed by Proclamation, and different days may be appointed for different purposes and different provisions of this Act. 3. Principal Act and citation as amended . (1) In this Act the JuryAct1929-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Jury Act1929-1982. 4. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting after the term " Rules of Court " and its meaning the following term and meaning:- Senior male person "-A male person who is not under sixty-five years of age but who is under seventy years of age;". 5. Amendment of s. 6. Qualification . Section 6 of the Principal Act is amended by, in subsection (1) (b), omitting the word " sixty-five " and substituting the word " seventy ". 6. Amendment of s. 7. Disqualification . Section 7 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression " (1) "; (b) omitting the word " The " occurring before the words " undermentioned persons " and substituting the words " Subject to subsection (3), the "; (c) omitting paragraph (b) and substituting the following paragraph:- (b) Anyone convicted in any case specified in subsection (2) unless he has received a free pardon;"; (d) inserting the following subsection after subsection (1):- "(2) The cases to which paragraph (b) of subsection (1) refer are- (a) conviction in Queensland on indictment of a crime or conviction elsewhere than in Queensland on indictment in

Jury Act Amendment Act 1982, No. 62 879 respect of an act or omission that if done or made by him in Queensland would have constituted a crime; (b) conviction in Queensland on indictment of an offence other than a crime or conviction elsewhere than in Queensland on indictment in respect of an act or omission that if done or made by him in Queensland would have constituted an offence other than a crime punishable on indictment; (c) conviction in summary proceedings in Queensland of an indictable offence or conviction in summary proceedings elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence that may have been dealt with in summary proceedings."; (e) inserting the following subsection after subsection (2)-- (3) (a) Subject to paragraph (b)- (i) conviction in a case referred to in subsection (2) (a) disqualifies the person convicted from serving on any jury in any court or on any occasion absolutely; (ii) conviction in a case referred to in subsection (2) (b) disqualifies the person convicted from serving on any jury in any court or on any occasion for a period of 10 years from the date of conviction; (iii) conviction in a case referred to in subsection (2) (c) disqualifies the person convicted from serving on any jury in any court or on any occasion for a period of 5 years from the date of conviction. (b) Conviction in a case referred to in subsection (2) (a), a case referred to in subsection (2) (b) or a case referred to in subsection (2) (c) where the court makes a probation order in respect of the person convicted pursuant to section 17 (1) (a) of the Offenders Probation and Parole Act1980 disqualifies the person convicted from serving on any jury in any court or on any occasion for a period- (i) in a case referred to in subsection (2) (a) or in a case referred to in subsection (2) (b), of 5 years from the date of conviction; (ii) in a case referred to in subsection (2) (c), of 2 years from the date of conviction; and, in relation to any such case and for the purposes of this paragraph, the provisions of section 33 of the Offenders Probation and Parole Act1980 do not apply.". 7. Amendment of s. 8 . Exemption . Section 8 of the Principal Act is amended by-- (a) in subsection (I), omitting the word " Female " occurring in paragraph (xvii) and substituting the words Senior male persons or female "

880 Jury Act Amendment Act 1982, No. 62 (b) in subsection (3)- (i) inserting before the words " female person " the words " senior male person or a "; (ii) inserting before the word " she " wherever occurring the words he or "; (iii) inserting before the word " her " the words " his or "; (c) in subsection (4), inserting before the word " her " the words his or "; (d) in subsection (5)- (i) inserting before the words " a female " the words " a senior male person or "; (ii) inserting before the words " the female " where twice occurring the words " the senior male person or "; (e) in subsection (6)- (i) inserting before the word " her " where first occurring the words " his or "; (ii) inserting before the word " she " wherever occurring the words " he or "; (iii) inserting before the word " her " where second occurring the words " him or ". 8. Amendment of s. 10 . Section 10 of the Principal Act is amended by, in subsection (5), inserting after the words " or in chambers " the words " by or on behalf of such person or his employer ". 9. Repeal of and new s. 11. Section 11 of the Principal Act is repealed and the following section is substituted:- " 11. Jury districts . (1) For every court town there shall be a jury district. (2) The jury district in the case of Brisbane shall consist of such electoral districts or divisions of electoral districts as are determined by Order in Council. (3) The jury district in the case of Ipswich shall be all that area that is within a radius of 10 kilometres from the court house of that city less such part of that area as is determined by Order in Council to be excluded therefrom. (4) The jury district in the case of Cairns shall be all that area that is determined by Order in Council to constitute such jury district, which area may be identified in such manner as the Governor in Council thinks fit. (5) The jury district of every other court town shall be all that area that is within a radius of 10 kilometres from the court house of the court town in question.".

Jury Act Amendment Act 1982, No. 62 881 10. Amendment of s. 14 . Duty of police. Section 14 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression " (1) "; (b) inserting the following subsection after subsection (I):- (2) In order to facilitate any such inquiries being undertaken, the sheriff or the Principal Electoral Officer shall furnish to the members of the Police Force in question as early as practicable, and notwithstanding any other provision of this Act, such information in his possession as he considers will assist them to undertake the inquiries.". 11. New s. 21A. The Principal Act is amended by inserting after section 21 the following section:- " 21A. Additional compensation in certain cases . In addition to the compensation to which a juror is entitled pursuant to section 21, he or she is entitled to receive compensation as follows if the circumstances referred to are applicable to him or her that is to say:- (a) for each day for which the juror is paid compensation (excluding compensation for travelling expenses) after the sixtieth day up to and including the one hundred and twentieth day, an amount equal to 10 per centum of the amount of compensation so paid ; (b) for each day for which the juror is paid compensation (excluding compensation for travelling expenses) after the one hundred and twentieth day up to and including the one hundred and eightieth day, an amount equal to 15 per centum of the amount of compensation so paid; (c) for each day for which the juror is paid compensation (excluding compensation for travelling expenses) after the one hundred and eightieth day, an amount equal to 20 per centum of the amount of compensation so paid.". 12. New s. 21B. The Principal Act is amended by inserting after section 21A as inserted by this Act the following section:- " 21B. Governor in Council may authorize ex gratia payments to jurors in certain cases. (1) A juror who has sat on a trial that has continued for 30 days or more (exclusive of Saturdays and Sundays) may make application to the Minister for authorization by the Governor in Council of payment to him or her of a nominated sum of money representing, in whole or in part, financial loss suffered by that juror because of his or her inability to carry on his or her business or follow his or her occupation whilst sitting on that trial. (2) An application under subsection (1) shall be in writing and accompanied by full details and documentation of the financial loss claimed to have been suffered.

882 Jury Act Amendment Act 1982, No. 62 (3) On receipt of an application, the Minister shall cause to be made such inquiries as he thinks necessary or desirable to ascertain the accuracy of the financial loss claimed to have been suffered and, upon the completion of the inquiries, he shall recommend to the Governor in Council whether or not a payment should be made to the applicant and, if so, the amount of such payment. (4) If the Minister recommends that an amount should be paid in the circumstances, he shall take into account any compensation received by the applicant pursuant to sections 21 and 21 A. (5) Upon a consideration of the recommendation of the Minister and the details, documentation and other matters relevant, in the opinion of the Governor in Council, to the recommendation, including compensation received by the applicant pursuant to sections 21 and 21A, the Governor in Council may in his absolute discretion- (a) authorize that an ex gratia payment of an amount determined by him be made to the applicant for or towards financial loss suffered; or (b) determine that an ex gratia payment shall not be made. (6) The applicant may be a reserve juror or a talesman where he or she has suffered financial loss in the circumstances referred to in this section.". 13. Amendment of s. 22 . Jury precepts . Section 22 of the Principal Act is amended by, in subsection (3), inserting after the word " panels " where first occurring the words " or part or parts thereof ". 14. Amendment of s. 24. Prospective jurors' list. Section 24 of the Principal Act is amended by- (a) in subsection (3) (iii)- (i) omitting the word " female " and substituting the words " a senior male person or a female person "; (ii) inserting before the word " she " the words " he or "; (b) in subsection (4)- (i) inserting after the first paragraph the following paragraph :- " If a person contravenes or fails to comply with the foregoing provision, he is guilty of an offence and liable to a penalty not exceeding $100."; (ii) omitting the word " female " where first occurring and substituting the words " a senior male person or a female person "; (iii) inserting before the word " she " the words " he or "; (iv) inserting before the words " the female person " the words the senior male person or ".

Jury' Act Amendment Act 1982, No. 62 883 15. Amendment of s. 24A. Prospective jurors' lists in particular districts . Section 24A of the Principal Act is amended by-- (a) in subsection (7) (b) (iii)- (i) omitting the word " female " and substituting the words " senior male person or a female person "; (ii) inserting before the word " she " the words " he or "; (b) in subsection (10)- (i) inserting after the first paragraph the following paragraph:- If a person contravenes or fails to comply with the foregoing provision, he is guilty of an offence and liable to a penalty not exceeding $100."; (ii) omitting the word " female " where first occurring and substituting the words " a senior male person or a female person "; (iii) inserting before the word " she " the words " he or "; (iv) inserting before the words " the female person " the words the senior male person or ". 16. Amendment of s. 25. Summoning of jurors . Section 25 of the Principal Act is amended by, in subsection (1) (c), omitting the word " female " and substituting the words " a senior male person or a female person ". 17. Amendment of s. 26 . Section 26 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsections: " (IA) Subject to subsection (1) and without limiting the provisions of paragraph (f) thereof- (a) where a person to whom a notice prescribed by section 24 or section 24A has been directed or who has been summoned to attend as a juror applies in writing to the sheriff to be excused from attendance as a juror on the ground of- (i) economic hardship likely to be caused to him, his family or persons dependent on his earnings or income, whether he is an owner of a business or an employee, as a consequence of jury service; (ii) business commitments requiring his presence at his place of business having regard to the nature of the business; (iii) business commitments requiring his presence at his place of business or at some other place related to the business having regard to his special skills or knowledge of the business whether as owner of the business or as manager thereof or employee thereof in some other capacity; (iv) his inability to make or have made for him adequate or satisfactory arrangements for his replacement in the performance of his functions or the carrying out of his duties in his business or the business in which he is engaged

884 Jury Act Amendment Act 1982, No. 62 or employed having regard to the nature of the business or the staffing arrangements in existence in respect of the business; (v) business commitments requiring his presence outside the jury district in question; or (b) where the employer of a person to whom a notice prescribed by section 24 or section 24A has been directed or of a person who has been summoned to attend as a juror applies in writing to the sheriff for the excusing from attendance of the employee as a juror on the ground that serious inconvenience will be caused to the working arrangements or operation of the business of the employer by reason of the absence of the employee on service as a juror, the sheriff, upon a consideration of the ground on which the application is made and the particulars thereof (and, if the sheriff considers it necessary or desirable to do so in a case to which paragraph (b) refers, the ascertainment of the views of the employee with respect to the employer's application), may- (i) where the notice has been directed or summons issued pursuant to a jury precept, at any time before the jury precept is returned; (ii) where the notice has been directed or summons issued pursuant to an order of the Court to summon jurors, at any time before the date upon which the person in question may be required or is required to first attend as a juror at the Court, excuse such person from attendance as a juror at the Court in question. The applicant shall set out fully the particulars of the ground upon which he makes his application. (lB) Where a person to whom a notice prescribed by section 24 or section 24A has been directed and who has received the notice receives a further such notice within 12 months of the receipt by him of the first notice, he may apply in writing to the sheriff to be excused from attendance as a juror at the Court in respect of the sittings to which the further notice relates and, where he so applies and the sheriff is satisfied that the further notice has been received by the applicant within 12 months of the receipt by the applicant of the first notice, the sheriff shall excuse the applicant from attendance as a juror at the Court in respect of the sittings in question."; (b) in subsection (2)- (i) inserting in paragraph (b), after the word " order ", the words or from employers of such persons "; (ii) omitting the word " such " occurring after the words " reasons that any ". 18. Amendment of s. 49. Refusing answer or inspection . Section 49 of the Principal Act is amended by omitting the words "`shall be liable on summary conviction " and substituting the words " is guilty of an offence and liable ".

Jury Act Amendment Act 1982, No. 62 885 19. Amendment of s. 50. Defacing notices, etc . Section 50 of the Principal Act is amended by omitting the words " shall be liable, on summary conviction," and substituting the words " is guilty of an offence and liable ". 20. New ss. 50A and 50B. The Principal Act is amended by inserting after section 50 the following sections:- " 50A. Termination of employment because of jury service . Any person who terminates the employment of any other person by reason of the fact that such other person was, is or will be absent from employment on account of jury service is guilty of an offence and liable to a penalty of a fine not exceeding $1 000 or imprisonment for a term not exceeding one year or both such fine and imprisonment. 50B. Summary proceedings . Proceedings for offences under sections 24, 24A, 49, 50 and 50A may be instituted in a summary way under the Justices Act1886