Jury Exemption Regulations 1987

Administered by Attorney-General's Department

Legislation au F1996B00965 Regulations Not in force Legislative Instrument

Legislation content

Jury Exemption Regulations 1987

Statutory Rules No. 186, 1987 as amended

made under the

Jury Exemption Act 1965

Compilation start date:  12 April 2013

Includes amendments up to: SLI No. 51, 2013

About this compilation

The compiled instrument

This is a compilation of the Jury Exemption Regulations 1987 as amended and in force on 12 April 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 30 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

 

 

Contents

1 Name of Regulations

2 Commencement

3 Interpretation

4 Exemption of certain Commonwealth employees

5 Exemptions relating to administration of justice

6 Exemptions relating to public need

7 Exemptions relating to public administration

8 Repeal

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

 

 

 

1  Name of Regulations

  These Regulations are the Jury Exemption Regulations 1987.

2  Commencement

  These Regulations shall come into operation on 1 October 1987.

3  Interpretation

 (1) In these Regulations, unless the contrary intention appears, the Act means the Jury Exemption Act 1965.

 (2) For the purposes of these Regulations, each of the Territories is a specified Territory.

4  Exemption of certain Commonwealth employees

  A person holding, or for the time being performing the duties of, an employment as a Commonwealth employee in respect of which the rate of salary equals or exceeds the rate of salary for the time being payable to an officer of the Australian Public Service occupying an office classified as Senior Executive Band 3 is exempt from liability to serve as a juror:

 (a) in Federal courts; and

 (b) in the courts of a specified Territory; and

 (c) in the courts of the States.

5  Exemptions relating to administration of justice

 (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

 (a) in Federal courts; and

 (b) in the courts of a specified Territory; and

 (c) in the courts of the States.

 (2) This regulation applies to the following persons:

 (a) an officer or employee of:

 (i) a Department; or

 (ii) the Office of Parliamentary Counsel; or

 (iii) the Office of the Director of Public Prosecutions;

  being an officer or employee whose duties involve the provision of legal professional services;

 (b) an officer or employee of:

 (i) the High Court of Australia; or

 (ii) the Federal Court of Australia; or

 (iii) the Family Court of Australia; or

 (iv) the Federal Circuit Court of Australia;

 (c) a person employed as a chemist in the Australian Government Analytical Laboratories, being a person whose duties include appearing as an expert witness in court proceedings;

 (g) a member within the meaning of the Australian Federal Police Act 1979 and a person employed under section 24 of that Act;

 (h) the Chief Executive Officer within the meaning of the Australian Crime Commission Act 2002 and an examiner or a member of the staff of the Australian Crime Commission within the meaning of that Act;

 (j) a person not otherwise referred to in this subregulation for the time being employed by:

 (ii) the Australian Police Staff College; or

 (iii) the National Police Research Unit;

 (k) a member, or a member of the staff, of the Administrative Appeals Tribunal;

 (l) a member, or a member of the staff, of the National Native Title Tribunal;

 (m) a staff member, within the meaning of the Australian Securities Commission Act 1989, being a staff member whose duties involve:

 (i) providing legal professional services; or

 (ii) investigating matters.

6  Exemptions relating to public need

 (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

 (a) in Federal courts; and

 (b) in the courts of a specified Territory; and

 (c) in the courts of the States.

 (2) This regulation applies to a veterinary officer or other person employed in the Department of Primary Industries and Energy whose duties relate to the planning, co‑ordination and monitoring of measures to limit the importation of exotic diseases into, or outbreak of exotic diseases in, Australia.

7  Exemptions relating to public administration

 (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

 (a) in Federal courts; and

 (b) in the courts of a specified Territory; and

 (c) in the courts of the States.

 (2) This regulation applies to:

 (a) the Official Secretary to the Governor‑General; and

 (b) a person performing duties as Secretary to:

 (i) a Royal Commission; or

 (ii) a Committee of Inquiry established under an Act; and

 (c) a person holding, or for the time being performing the duties of, one of the following positions in relation to a Minister of State:

 (i) Principal Private Secretary;

 (ii) Principal Adviser;

 (iii) Senior Private Secretary;

 (iv) Senior Adviser;

 (v) Private Secretary;

 (vi) Adviser;

 (vii) Press Secretary; and

 (e) the Industrial Registrar, and any Deputy Industrial Registrar, within the meaning of subsection 62(2) of the Workplace Relations Act 1996; and

 (f) a person holding, or for the time being performing the duties of, one of the following offices in the Department of the Senate:

 (i) Clerk of the Senate;

 (ii) Deputy Clerk of the Senate;

 (iii) Clerk‑Assistant (Table);

 (iv) Clerk‑Assistant (Procedure);

 (v) Clerk‑Assistant (Management);

 (vi) Clerk‑Assistant (Committees);

 (vii) Usher of the Black Rod;

 (viii) Principal Parliamentary Officer, Table Office;

 (ix) Secretary to a committee established by the Senate, or jointly by the Senate and the House of Representatives, including a committee established by an Act; and

 (g) a person holding, or for the time being performing the duties of, one of the following offices in the Department of the House of Representatives:

 (i) Clerk of the House of Representatives;

 (ii) Deputy Clerk of the House of Representatives;

 (iii) First Clerk Assistant;

 (iv) Clerk Assistant (Procedure);

 (v) Assistant Secretary (Committees);

 (vi) Clerk Assistant (Table);

 (vii) Assistant Secretary (Corporate Services);

 (viii) Serjeant‑at‑Arms;

 (ix) Director (Programming), Table Office;

 (x) Director (Legislation and Records), Table Office;

 (xi) Secretary to a committee established by the House of Representatives, or jointly by the House of Representatives and the Senate, including a committee established by an Act; and

 (j) a person holding, or for the time being performing the duties of, one of the following positions in the Department of Defence:

 (i) Deputy Director, Defence Signals Directorate;

 (ii) Director‑General, Alliance Policy and Management;

 (iii) Deputy Chief of Facility, Joint Defence Facility, Pine Gap;

 (iv) Australian Chief of Security, Joint Defence Facility, Pine Gap;

 (v) Engineer Class 3, Joint Defence Facility, Pine Gap; and

 (k) a person holding, or for the time being performing the duties of, the position of Parliamentary Liaison Officer in the Department of the Prime Minister and Cabinet.

8  Repeal

  Statutory Rules 1970 No. 131, 1971 No. 73 and 1972 No. 61 are repealed.

Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Jury Exemption Regulations 1987.

 

Number and year

Gazettal or FRLI registration date

Commencement date

Application, saving and transitional provisions

1987 No. 186

18 Sept 1987

1 Oct 1987

 

1989 No. 185

6 July 1989

6 July 1989

—

1990 No. 205

4 July 1990

4 July 1990

—

1992 No. 123

14 May 1992

14 May 1992

—

as amended by

 

 

 

1992 No. 289

11 Sept 1992

11 Sept 1992

—

1997 No. 316

17 Nov 1997

17 Nov 1997

—

2002 No. 326

20 Dec 2002

1 Jan 2003 (see r. 2)

—

2004 No. 221

22 July 2004

22 July 2004

—

2005 No. 199

2 Sept 2005 (see F2005L02330)

3 Sept 2005

—

51, 2013

11 Apr 2013 (see F2013L00649)

Schedule 1 (item 66): (a)

—

(a) Section 2 (item 2) of the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) provides as follows:

 2 Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedule 1

Immediately after the commencement of Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012.

12 April 2013

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Jury Exemption Regulations 1987.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

r. 1.....................

rs. 2002 No. 326

r. 4.....................

am. 1992 No. 123; 1997 No. 316

r. 5.....................

am. 1992 No. 123 (as am. by 1992 No. 289); 1997 No. 316; 2002 No. 326; 2004 No. 221; No. 51, 2013

r. 6.....................

am. 1992 No. 123; 1997 No. 316

r. 7.....................

am. 1989 No. 185; 1990 No. 205; 1992 No. 123; 1997 No.  316; 2005 No. 199

 

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.

 

 

Overview

The Jury Exemption Regulations 1987, made under the Jury Exemption Act 1965, were enacted to address the gap in ensuring that certain individuals critical to public administration and the administration of justice are not burdened with jury service, which could impair their ability to perform their duties effectively. These regulations provide exemptions from jury service for specific categories of Commonwealth employees, legal professionals, and other public officers whose roles are integral to the functioning of the justice system and other critical areas of government administration. The policy objective, as indicated in the regulations, is to ensure that the administration of justice and public services are not hindered by the unavailability of key personnel due to jury service obligations. The enacting body for these regulations was the Parliament of Australia, which authorised the creation of these rules to implement the exemptions as provided for under the Act. These regulations came into force on 1 October 1987 and have been amended several times to reflect changes in organisational structures and roles within the Commonwealth.

Scope and Application

The Jury Exemption Regulations 1987, made under the Jury Exemption Act 1965, provide for exemptions from jury service for certain individuals based on their employment or roles in specific sectors. The Regulations apply to those who hold or perform duties in Commonwealth employment where their salary is equivalent to or exceeds the rate for a Senior Executive Band 3 officer in the Australian Public Service, as well as to officers and employees in various departments and courts whose duties involve legal professional services or are integral to the administration of justice. These include employees of the High Court, Federal Court, Family Court, Federal Circuit Court, and Australian Government Analytical Laboratories, among others. Additionally, the Regulations exempt those whose roles involve public need, such as veterinary officers in the Department of Primary Industries and Energy focusing on exotic disease control, and those involved in public administration, such as high-ranking officials in the Department of the Senate, the Department of the House of Representatives, and certain positions within the Department of Defence and the Department of the Prime Minister and Cabinet. These exemptions apply to jury service in Federal courts, the courts of the Australian Capital Territory, Northern Territory, and all state courts. The Regulations have been subject to various amendments since their commencement on 1 October 1987, and they continue to be updated to reflect changes in the roles and responsibilities of exempt positions.

Key Provisions

The Jury Exemption Regulations 1987, under the Jury Exemption Act 1965, specify various exemptions from jury service for certain individuals based on their employment or duties. Section 4 exempts certain Commonwealth employees from serving as jurors, particularly those with salaries equal to or above the Senior Executive Band 3 of the Australian Public Service. Section 5 provides exemptions for officers and employees involved in the administration of justice, such as those providing legal professional services or employed in courts and related institutions. Section 6 exempts individuals whose roles are critical to public health, specifically those involved in preventing the importation and outbreak of exotic diseases in Australia. Section 7 lists exemptions for public administration roles, including high-ranking officials in government departments, the Australian Crime Commission, and the Australian Police Staff College, among others. The Act imposes specific obligations on the entities and individuals it governs, primarily to ensure that those exempt from jury service due to their roles are correctly identified and exempted. These obligations include maintaining records of employment status and duties that qualify for exemption and ensuring that these individuals do not receive jury summons. The Act also requires the relevant authorities to review and update the list of exempt roles periodically to reflect changes in governmental and institutional structures. Breaches of the provisions in these regulations can result in legal consequences. Specifically, Section 8 of the Jury Exemption Act 1965 provides that any person who wilfully fails to comply with a requirement to serve as a juror when summoned can be found guilty of an offence. This offence is subject to a penalty of up to two years imprisonment, reflecting the seriousness with which the law regards the evasion of jury duty. The Act ensures that those who are exempt under the regulations are clearly identified and that non-compliance is met with legal action.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.