Jury Exemption (S.R. 1992 No. 123) Regulations (Amendment) 1992 No. 289
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 289
Issued by the Authority of the Attorney-General
Jury Exemption Act 1965
Jury Exemption (Statutory Rules 1992 No. 123) 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 as member, officer or employee of a body established by or under an Act.
On 7 May 1992 the Jury Exemption Regulations were amended by Statutory Rules 1992 No. 123. The Regulations did not effect their purpose to insert new paragraphs (k) and (1) into 5(2) because they did not include operative words to indicate that new provisions were to be added to the regulation. The operative words were omitted in error in the documentation submitted to the Executive Council.
The proposed Regulations rectify the omission in Statutory Rules 1992 No 1203. Proposed Regulation 2 omits all words after subregulation 3.7 and inserts subregulations 3.8 and 3.9. Subregulation 3.8 is made in the same form as it appeared in SR 1992 No 123, and has the same effect in relation to paragraph 5(2)(i). Subregulation 3.9 will add at the end, to exempt those persons from jury service, a member, or a member of the staff, of the Administrative Appeals Tribunal; and officers or employees of the Attorney-General's Department of the Australian Capital Territory, the Legal Aid Office of the Australian Capital Territory and the Office of the Director of Public Prosecutions of the Australian Capital Territory whose duties involve the provision of legal professional services.
Overview
The Jury Exemption (Statutory Rules 1992 No. 123) Regulations (Amendment) 1992 No. 289, issued by the authority of the Attorney-General under the Jury Exemption Act 1965, aim to correct an oversight in the previously enacted Jury Exemption Regulations 1992 No. 123. The original regulations failed to properly incorporate new provisions intended to exempt additional classes of Commonwealth employees from serving as jurors in federal courts, state courts, or territory courts. This oversight occurred due to an error in the documentation submitted to the Executive Council, which omitted the necessary operative words. The amendment, therefore, seeks to rectify this by inserting the missing subregulations 3.8 and 3.9, thereby ensuring that the intended exemptions are legally enforceable. The policy objective is to ensure that certain Commonwealth employees, particularly those involved in legal professional services, are exempt from jury duty as per the provisions of the Jury Exemption Act 1965.
Scope and Application
The Jury Exemption (S.R. 1992 No. 123) Regulations (Amendment) 1992 No. 289 amends the Jury Exemption Regulations to address an error in the original documentation, ensuring the addition of new subregulations 3.8 and 3.9 which were inadvertently omitted. The purpose of the amendment is to rectify the omission in Statutory Rules 1992 No 1203, clarifying that the new subregulations now include provisions for exempting certain persons from jury service. The Act applies to Commonwealth employees, or persons included within a class of Commonwealth employees, who are exempt from liability to serve as a juror in various courts, including federal courts, courts exercising jurisdiction in specified States or Territories, and the courts of specified States or Territories. These exemptions are applicable under the provisions of the Jury Exemption Act 1965, which empowers the Governor-General to make regulations for exempting these individuals from jury service. The amendment ensures that the new subregulations are correctly inserted and effective, thereby clarifying the scope of exemptions available to the specified classes of Commonwealth employees.
Key Provisions
The primary operative sections of the Jury Exemption (Statutory Rules 1992 No. 123) Regulations (Amendment) 1992 No. 289, involve the amendment of the Jury Exemption Regulations to correct an oversight from the original statutory rules. Specifically, subsection 4(2) of the Jury Exemption Act 1965 allows the Governor-General to exempt certain Commonwealth employees from jury service, while subsection 4(3) ensures that exempted employees are not summoned to serve as jurors. The amendment seeks to insert new provisions into the regulations that were inadvertently omitted in the initial statutory rules, thus ensuring the intended exemptions are correctly reflected.
The obligations imposed by the Act on the relevant parties primarily concern the correct identification and application of the exemptions as stipulated. For example, section 4(4) of the Act defines "Commonwealth employee" to include those employed under an Act or as members, officers, or employees of bodies established by or under an Act. The Act requires that the regulations accurately reflect the exemptions intended by the legislation. The amendment in the proposed regulations ensures that certain classes of employees, such as members or staff of the Administrative Appeals Tribunal and officers or employees of specified departments, are properly included in the exemptions from jury service.
In terms of consequences, the failure to correctly implement the exemptions as intended by the Act could lead to legal challenges or administrative issues regarding the summoning of exempted individuals for jury duty. While the specific penalties for non-compliance are not detailed in the provided text, the need for accurate and effective regulations underscores the importance of adhering to the legislative intent. Non-compliance could potentially result in civil or administrative penalties, although these are not explicitly mentioned in the document provided. The correct implementation of these regulations is crucial to avoid the unintended summoning of exempt individuals, which could lead to both legal and logistical challenges.