Jury Exemption Regulations (Amendment)

Administered by Attorney-General's Department

Legislation au F1997B02806 Regulations Not in force Legislative Instrument

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Jury Exemption Regulations (Amendment) 1997 No. 316

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 316

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 Governor-General may make regulations for or in relation to exempting a Commonwealth employee or a person included within a class of Commonwealth employees, specified in the regulations, from liability to serve as a juror in certain courts.

The purpose of the Regulations is to:

*       up-date existing jury exemptions, consequential on structural re-organisation and changed employment policies in a number of Commonwealth agencies;

*       remove existing jury exemptions for ACT Government and other employees who are no longer Commonwealth employees; and

*       provide for jury exemptions for some additional Commonwealth employees, in accordance with the existing policy on jury exemptions.

The Regulations also correct a number of minor drafting inconsistencies and errors.

Details of die Regulations are as follows:

Regulation 1 - Amendment

Regulation 1 provides that the Jury Exemption Regulations are amended as set out in the Regulations.

Under section 48 of the Acts Interpretation Act 1901, the Regulations commence on gazettal.

Regulation 2 - Regulation 4 (Exemption of certain Commonwealth employees)

Existing regulation 4 provides for exemption of certain Commonwealth employees from liability to serve as a juror in Federal courts, the courts of a specified Territory and in the courts of the States.

Regulation 2 corrects a drafting error, by adding "and" at the end of the first item in the list of courts.

Regulation 3 - Regulation 5 (Exemptions relating to the administration of justice)

Existing regulation 5 provides for exemptions relating to the administration of justice from liability to serve as a juror in Federal courts, the courts of a specified Territory and in the courts of the States.

Existing subparagraph 5(2)(a)(i) provides for exemption from liability to serve as a juror for an officer or employee of the Attorney-General's Department whose duties involve the provision of legal professional services.

There are also officers and employees of other Departments whose duties involve the provision of legal professional services.

Subregulation 3.3 provides for an exemption from liability to serve as a juror for officers and employees of any Department whose duties involve the provision of legal professional services.

There are also members of staff of the Australian Securities Commission (ASC) whose duties involved providing legal professional services, or investigating matters.

Subregulation 3.11 provides for exemption from liability to serve as a juror for these ASC staff members.

Existing subparagraphs 5(2)(b)(iv) and (v) and existing paragraphs 5(2)(d), (da), (db), (e), (f) and (1) exempt certain officers and employees in ACT Departments and instrumentalities from liability to serve as a juror. These officers and employees are no longer Commonwealth officers and employees. They are now employed by the ACT Government, which has enacted its own regulations to appropriately exempt its own employees from liability to serve as a juror.

Subregulations 3.5, 3.6 and 3.11 remove the exemptions from liability to serve as a juror for officers and employees of the ACT Government.

Existing paragraph 5(2)(g) provides an exemption from liability to serve as a juror for a person employed under section 16 of the Australian Federal Police Act 1979. Subregulation 3.7 amends this paragraph to refer to section 26B of that Act, consequentially upon legislative amendment.

Existing paragraph 5(2)(i) provides exemption from liability to serve as a juror for a protective service officer or special protective service officer of the Australian Protective Service (APS). The APS has advised that this exemption is too broad and that only the Director of the APS should be exempt from jury service. Subregulation 3.8 provides for this.

Existing paragraph 5(2)(k) provides exemption from liability to serve as a juror a member or member of the staff of the Administrative Appeals Tribunal.

Subregulation 3.11 provides a similar exemption for a member or a member of staff of the National Native Title Tribunal.

The Regulations (subregulations 3.1, 3.2, 3.4, 3.9 and 3. 10) correct minor drafting errors, remove drafting inconsistencies and up-date drafting styles.

Regulation 4 - Regulation 6 (Exemptions relating to public need)

Subregulation 4.1 corrects a drafting inconsistency.

Existing paragraph 6(2)(b) provides exemption from liability to serve as a juror for certain persons employed in Repatriation Hospitals who, with the transfer of responsibility for Repatriation Hospitals to the State Governments, are no longer Commonwealth employees.

Subregulation 4.2, in effect, removes the exemptions for these employees.

Regulation 5 - Regulation 7 (Exemptions relating to public administration)

Existing paragraph 7(2)(d) provides exemption from liability to serve as a juror for a person constituting a Coal Industry Tribunal, which no longer exists.

Subregulation 5.1 omits paragraph 7(2)(d).

Paragraph 7(2)(e) contains a reference to the Industrial Relations Act 1988, which has been retitled the Workplace Relations Act 1996.

Subregulation 5.2 makes this amendment to the legislative reference.

Paragraphs 7(2)(g), 7(2)(h) and 7(2)(j) provide for exemptions from liability to serve as juror for certain employees of the Department of the House of Representatives, the Department of the Parliamentary Reporting Staff and the Department of Defence respectively.

Following structural re-organisations, some of the previously listed offices in those Departments have been re-named or abolished.

Subregulations 5.3, 5.4, 5.5, 5.6, 5.7 and 5.9 up-date the references to offices in the Department of the House of Representatives, the Department of the Parliamentary Reporting Staff and the Department of Defence respectively.

Paragraph 7(2)(1a) provides exemption from liability to server as a juror for persons holding certain offices in the Legislative Assembly of the Australian Capital Territory, who are no longer Commonwealth employees.

Subregulation 5.8 omits paragraph 7(2)(ia).

 

Overview

The Jury Exemption Regulations (Amendment) 1997 No. 316 were enacted to amend existing regulations under the Jury Exemption Act 1965, addressing the need to update jury exemptions for Commonwealth employees due to structural reorganisations and changes in employment policies across various Commonwealth agencies. The primary purpose of these regulations is to align the jury exemption list with current employment statuses, remove exemptions for employees who have transitioned to ACT Government roles, and introduce new exemptions for specific Commonwealth employees in line with existing policy on jury exemptions. Additionally, the regulations correct minor drafting errors and inconsistencies to ensure clarity and precision in the application of jury exemptions. The authority for these amendments lies with the Governor-General, who has the power under the Jury Exemption Act 1965 to make regulations regarding the exemption of Commonwealth employees from jury service. The amendments reflect the intent to maintain an efficient and fair judicial process by ensuring that only those employees whose roles are directly impacted by their potential jury service are exempt, while also updating references to reflect legislative and structural changes within Commonwealth agencies.

Scope and Application

The Jury Exemption Regulations (Amendment) 1997 No. 316 amends the existing Jury Exemption Regulations under the Jury Exemption Act 1965 to update the exemptions available to Commonwealth employees from serving as jurors in various courts. The amendments reflect structural reorganisations and changes in employment policies within several Commonwealth agencies. The updated regulations now remove exemptions for ACT Government employees who are no longer Commonwealth employees, and provide new exemptions for certain Commonwealth employees based on their duties, including those involving legal professional services or investigating matters. Additionally, the amendments correct minor drafting errors and inconsistencies, and update legislative references to reflect changes such as the renaming of the Industrial Relations Act 1988 to the Workplace Relations Act 1996. The amendments apply to specific classes of Commonwealth employees and certain officers and employees involved in the administration of justice, public need, and public administration, thereby affecting their liability to serve as jurors in Federal courts, the courts of a specified Territory, and in the courts of the States. The Regulations commence on gazettal under section 48 of the Acts Interpretation Act 1901.

Key Provisions

The Jury Exemption Regulations (Amendment) 1997 No. 316, issued under the authority of the Attorney-General, amend the existing Jury Exemption Regulations to update jury exemptions for Commonwealth employees in light of structural re-organisations and policy changes within various Commonwealth agencies. Section 4(2) of the Jury Exemption Act 1965 empowers the Governor-General to make such regulations, and these amendments reflect current employment contexts and responsibilities. Regulation 1 provides the overarching amendment to the existing regulations, ensuring they are current and accurate. The obligations imposed by these regulations primarily focus on the exemption of certain Commonwealth employees from jury service. For instance, Regulation 2 corrects a drafting error, while Regulation 3 expands the exemption to include officers and employees of any Department whose duties involve the provision of legal professional services, not just the Attorney-General's Department. Regulation 4 removes exemptions for ACT Government and other employees who are no longer Commonwealth employees, ensuring that the exemptions align with current employment statuses. Regulation 5 updates references to legislative changes and structural re-organisations within various departments, ensuring the regulations remain relevant. Failure to comply with these regulations could result in significant consequences for those affected. While the regulations themselves do not explicitly outline offences or penalties for non-compliance, non-compliance could indirectly result in a person being called to serve as a juror despite being exempt, which could lead to legal complications and potential repercussions under the Jury Exemption Act 1965. The Act itself does not specify penalties for non-compliance with the regulations but outlines processes for appeals and reviews, ensuring that any grievances regarding jury service exemptions can be addressed appropriately. These amendments ensure that the regulations governing jury exemptions for Commonwealth employees are accurate, current, and reflective of the evolving landscape of Commonwealth agencies. By updating and correcting these regulations, the amendments aim to prevent unintended consequences and ensure that the appropriate individuals are exempt from jury service as per current employment policies and structural changes. The precise implications of non-compliance are not detailed within the regulations, but they underscore the importance of adhering to the updated exemptions to avoid potential legal complications.

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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.