STATUTORY RULES
1972 No.
REGULATIONS UNDER THE JURY EXEMPTION ACT 1965.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Jury Exemption Act 1965.
Dated this third day of May, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendments of the Jury Exemption Regulations†
Exemption of members of statutory bodies.
1. Regulation 3 of the Jury Exemption Regulations is amended—
(a) by omitting from paragraph (1.) of sub-regulation (2.) the word “and”; and
(b) by adding at the end of sub-regulation (2.) the following paragraphs:—
“(r) the Commissioner for Employees’ Compensation; and
(s) a person constituting a Commonwealth Employees’ Compensation Tribunal.”.
First Schedule.
2.—(1.) The First Schedule to the Jury Exemption Regulations is amended by omitting Part XVI, and inserting in its stead the following Part:—
“Part XVI.—The Department of the Interior
1 | Chief Property Officer | Vic. W.A., Tas. |
2 | Superintendent, performing duties as officer in charge of ‘Quamby’ Children’s Remand Centre | A.C.T. |
3 | Deputy Superintendent, performing duties as officer in charge of ‘Quamby’ Children’s Remand Centre | A.C.T. |
4 | Matron, Deputy Matron | A.C.T. |
5 | Architect, Class 4 | A.C.T. |
6 | Director (Conservation and Agriculture) | A.C.T. |
7 | Forestry Officer, Class 4 | A.C.T., N.T. |
8 | Director, performing duties as officer in charge of the Parks and Gardens Branch or of the Information and Public Relations Section of the Secretariat and Management Services Division | A.C.T. |
9 | Controller, performing duties as officer in charge of the Establishments Section, the Finance Section or the Stores Section of the Management Services Branch of the Northern Territory Administration | N.T. |
10 | Director, performing duties as officer in charge of the Education Branch, the Executive Services Branch, the Research Branch or the Transport Planning Branch of the Northern Territory Administration | N.T. |
11 | District Officer, performing duties as officer in charge of the district office in the Alice Springs section of the Northern Territory Administration | N.T. |
12 | Engineer, Class 5, performing duties as officer in charge of the Water Resources Branch of the Northern Territory Administration | N.T. |
13 | Principal Project Officer, performing duties as officer in charge of the Legislation Section of the Management Servies Branch of the Northern Territory Administration | N.T. |
* Notified in the Commonwealth Gazzete on 1972.
† Statutory Rules 1970, No. 135, as amended by Statutory Rules 1971, No. 73.
11493/71—Price 5c 9/18.2.1972
14 | Regional Director, Commonwealth Bureau of Meteorology | Vic, W.A., Tas., A.C.T., N.T. |
15 | Commonwealth Electoral Officer | Vic., W.A., Tas. |
16 | Director, performing duties as officer in charge of the Welfare Branch | A.C.T.”. |
(2.) The First Schedule to the Jury Exemption Regulations is amended by adding at the end of Part XXIV, the following item:—
5 | Senior Inspector, Personnel and Services Branch of the Central Office of the Department performing duties as Clerk to a Commonwealth Employees’ Compensation Tribunal | A.C.T.”. |
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Jury Exemption Act 1965, enacted by the Australian Parliament, was established to address the need for certain individuals to be exempted from jury service due to the sensitive or specialised nature of their employment. This Act ensures that the administration of justice is not unduly affected by the absence of persons in critical roles. The 1972 Statutory Rules, made under the authority of the Act, further refine the categories of individuals exempt from jury duty, emphasising the importance of maintaining the efficiency of public services. These regulations were designed to provide clarity and ensure that essential services are not compromised by the potential unavailability of key personnel for jury service.
Scope and Application
The Jury Exemption Regulations 1972, made under the Jury Exemption Act 1965, apply to a range of Commonwealth officers and members of statutory bodies, thereby exempting them from jury service. These regulations specifically target personnel within the Department of the Interior and the Northern Territory Administration, including officers like the Chief Property Officer, Superintendents and Deputy Superintendents of Children’s Remand Centres, Architects, Forestry Officers, Directors, and District Officers. Additionally, personnel within the Commonwealth Bureau of Meteorology and the Welfare Branch, as well as the Commissioner for Employees’ Compensation and members of Commonwealth Employees’ Compensation Tribunals, are included. This regulation is applicable across various Australian territories, such as Victoria, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. The regulations delineate specific roles and duties, ensuring that certain officials performing particular functions within these departments are exempt from jury service. The scope of this exemption is further defined and potentially expanded through subordinate instruments, which may include additional roles or categories of personnel.
Key Provisions
The Statutory Rules 1972 No. 0061 amends the Jury Exemption Regulations under the Jury Exemption Act 1965. Regulation 3(2) now includes the Commissioner for Employees’ Compensation and a person constituting a Commonwealth Employees’ Compensation Tribunal as exempt from jury service. This means that these individuals, who are involved in administering compensation claims, are not required to serve on a jury. Additionally, Part XVI of the First Schedule has been amended to include more specific positions within the Department of the Interior and the Northern Territory Administration that are exempt from jury service, ensuring that certain key personnel can continue to perform their duties without the distraction of jury service obligations.
These amendments place specific obligations on the individuals listed, ensuring they are aware of their exemption from jury service. They must not be called to serve on a jury unless the exemption is specifically waived by the appropriate authority. This is critical for maintaining the efficiency and continuity of the services they provide, particularly in areas such as compensation claims and children’s remand centres, where their expertise is essential.
Failure to comply with these regulations could potentially lead to legal consequences. Although the specific penalties for non-compliance are not detailed in this statutory rule, under the general provisions of the Jury Exemption Act 1965, an individual who wilfully fails to serve on a jury when summoned could be subject to penalties. These may include fines and, in some cases, imprisonment. The exact penalties would depend on the specific circumstances and any additional relevant legislation, but the intent is to ensure that the exempted roles can operate without undue interruption.