Jury Exemption Regulations (Amendment) 1992 No. 123
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 123
Issued by the Authority of the Attorney-General
Jury Exemption Act 1965
Jury Exemption Regulations (Amendment)
Subsection 4(2) of the Jury Exemption Act 1965 (the Act) provides that the GovernorGeneral may make regulations for and in relation to exempting a Commonwealth employee, or a person included within a class of Commonwealth employees, from liability to serve as a juror in Federal courts, in Federal courts exercising jurisdiction in a specified State or Territory, in the courts of a specified Territory, in the courts of the States or in the courts of a specified State. Subsection 4(3) of the Act provides that a Commonwealth employee shall not be summoned to serve as a juror in a court in which, by reason of the regulations, he or she is exempt from serving as a juror. Subsection 4(4) of the Act provides that in section 4 "Commonwealth employee" means a person employed under an Act, or a member, officer or employee of a body established by or under an Act.
The purpose of the proposed amendment to subregulation 5(2) is to exempt from jury service in all Federal, State and Territory courts, certain Commonwealth employees who perform the duties of a parole officer or probation officer under the Public Service Act 1922; an appointment under sections 6 and 6A of the Remand Centre Act 1976 (ACT); an authorised officer within the meaning of the Supervision of Offenders (Community Service Orders) Act 1985 (ACT); a member, or a member of staff of the Administrative Appeals Tribunal; an officer or employee of the Attorney-General's Department of the Australian Capital Territory whose duties involve the provision of legal professional services; an officer or employee of the Legal Aid Office of the Australian Capital Territory whose duties involve the provision of legal professional services; an officer of employee of the Director of Public Prosecutions of the ACT whose duties involve the provision of legal professional services
The purpose of the proposed amendment to subregulation 7(2) is to exempt from jury service in all Federal, State and Territory courts, certain Commonwealth employees holding or performing the duties of the following offices of the Legislative Assembly of the Australian Capital Territory: Clerk, Deputy Clerk, Clerk Assistant, Serjeant-atArms, Editor of Debates and Secretary of a Committee of the Assembly.
Overview
The Jury Exemption Regulations (Amendment) 1992 No. 123, issued by the authority of the Attorney-General, amends the Jury Exemption Regulations 1965 to further specify the categories of Commonwealth employees who may be exempted from jury service in Federal, State, and Territory courts. This amendment responds to a need to accommodate the professional responsibilities of certain public service roles, ensuring that these employees can continue to perform their duties without the disruption of jury service. The intent is to align the exemptions with the evolving nature of public service roles and their increasing complexity, thereby maintaining the efficiency and effectiveness of these services.
The enactment of this regulation is pursuant to the Jury Exemption Act 1965, which allows the Governor-General to make regulations exempting Commonwealth employees from jury service to ensure that the administration of justice is not unduly hindered. This amendment specifically targets roles that involve legal professional services or administrative duties within the legislative framework, reflecting a policy objective to balance the demands of public service with the civic duty of jury service.
Scope and Application
The Jury Exemption Regulations (Amendment) 1992 No. 123, issued under the authority of the Attorney-General, amends the Jury Exemption Regulations made pursuant to the Jury Exemption Act 1965. The Act empowers the Governor-General to make regulations exempting Commonwealth employees from jury service in various courts, including Federal, State, and Territory courts. Specifically, the amendments aim to exempt certain Commonwealth employees from jury service in all Federal, State, and Territory courts. These employees include those performing the duties of a parole or probation officer under the Public Service Act 1922, authorised officers under the Supervision of Offenders (Community Service Orders) Act 1985 (ACT), members or staff of the Administrative Appeals Tribunal, officers or employees of the Attorney-General's Department or the Legal Aid Office of the Australian Capital Territory providing legal professional services, officers of the Director of Public Prosecutions of the ACT providing legal professional services, and specific officers of the Legislative Assembly of the Australian Capital Territory, such as the Clerk, Deputy Clerk, Clerk Assistant, Serjeant-at-Arms, Editor of Debates, and Secretary of a Committee of the Assembly. This amendment ensures these specified Commonwealth employees are exempt from serving as jurors across all jurisdictions, thereby preventing conflicts of interest or undue burdens related to their professional duties.
Key Provisions
The main operative sections of the Jury Exemption Regulations (Amendment) 1992 No. 123 pertain to the exemption of specific Commonwealth employees from jury service, as provided for under subsection 4(2) of the Jury Exemption Act 1965. This amendment aims to exclude certain professionals from the obligation of serving as jurors in all Federal, State, and Territory courts. The employees affected include those performing the duties of a parole officer or probation officer under the Public Service Act 1922, those appointed under sections 6 and 6A of the Remand Centre Act 1976, authorised officers within the meaning of the Supervision of Offenders (Community Service Orders) Act 1985, members or staff of the Administrative Appeals Tribunal, and officers or employees of the Attorney-General's Department, the Legal Aid Office, and the Director of Public Prosecutions of the ACT, whose duties involve providing legal professional services. Additionally, the amendment exempts specific officers of the Legislative Assembly of the Australian Capital Territory, such as the Clerk, Deputy Clerk, Clerk Assistant, Serjeant-at-Arms, Editor of Debates, and Secretary of a Committee of the Assembly.
The obligations and requirements imposed by these regulations are primarily aimed at ensuring that certain Commonwealth employees, who are engaged in critical roles that require specialised knowledge or duties involving the provision of legal professional services, are not required to serve as jurors. This is intended to prevent potential conflicts of interest, ensure the efficient operation of their duties, and maintain the integrity of the judicial process. Under the amended regulations, these specified employees are not to be summoned to serve as jurors in any court where they are exempt by virtue of their roles. This protection is extended across all Federal, State, and Territory courts, ensuring consistency and fairness in the application of the exemptions.
Breach of these regulations could have legal consequences, though the specific penalties are not detailed within the provided text. Typically, failure to comply with jury service obligations can result in civil or criminal penalties, depending on the jurisdiction and the nature of the breach. In the context of these regulations, non-compliance might involve legal action against the individual who is improperly summoned to serve as a juror, or against the court that issued the summons. However, the precise penalties and legal ramifications are not explicitly stated in the provided document, and would likely be found in the relevant legal frameworks governing jury service and court processes.