Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Schedule 2 Juries Regulation 2018
(see s 53)
Australian CapitalTerritory
Subordinate Law SL2018–
made under the
1 Name of regulation
This regulation is the Juries Regulation 2018 .
2 Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note See the Legislation Act
, s 127 (1), (4) and (5) for the legal status of notes.
3 Disqualified people, exempt people and people who may claim exemption—Act, s 11
(1) A person mentioned in schedule 1, part 1.2, column 2 is disqualified for the period mentioned in column 3.
(2) A person mentioned in schedule 1, part 1.3, column 2 is exempt for the period mentioned in column 3.
(3) A person mentioned in schedule 1, part 1.4 may claim
an exemption.
Schedule 1 Jury service
(see s 3)
Part 1.1 General
1.1 Meaning of standard —sch 1
In this schedule:
"standard" means the period during which a person is employed in the occupation or affected by the circumstance mentioned in schedule 1, part 1.3, column 2.
Note 1 Doctor , enrolled nurse , "nurse", nurse practitioner and public trustee and guardian are defined in the Legislation Act
, dictionary, pt 1.
Note 2 Nurse includes a midwife (see Legislation Act
, dict, pt 1).
Part 1.2 Disqualified people
Table 1.2
|
column 1 item |
column 2 disqualified people |
column 3 disqualification period |
|---|---|---|
| 1 | a person who has been convicted, within or outside the ACT, of an offence punishable by life imprisonment | life |
| 2 | a person who has been convicted, within or outside the ACT, of a terrorist offence | life |
| 3 | a person who has been convicted, within or outside the ACT, of an offence— (a) involving— (i) actual or threatened violence; or (ii) endangering life; and (b) punishable by imprisonment for 15 years or more Examples murder, manslaughter, grievous bodily harm Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act |
, s 126 and s 132).
life
4
a person who has been convicted, within or outside the ACT, of a sexual offence punishable by imprisonment for 10 years or more
life
5
a person who has been convicted, within or outside the ACT, of unlawfully possessing or making explosives
life
6
a person who has been convicted, within or outside the ACT of an offence and given a prison sentence, other than a prison sentence for failing to pay a fine, when 18 years or older
(a) if sentence less than 3 months—5 years after the sentence or post-prison good behaviour order or parole ends; or
(b) if sentence 3 months or more—10 years after the sentence or post-prison good behaviour order or parole ends
7
a person who has been convicted, within or outside the ACT of an offence and given a detention order, other than a detention order for failing to pay a fine, when under 18 years
3 years after the detention period ends
8
a person who has been convicted, within or outside the ACT of an offence and given a good behaviour order, whether or not there is a community service order attached
3 years after the good behaviour order ends
9
a person who has been convicted, within or outside the ACT of an offence punishable by imprisonment, who is awaiting sentencing or the outcome of an appeal
period until sentence imposed or outcome of appeal known
Part 1.3 Exempt people
Table 1.3
|
column 1 item |
column 2 exempt people |
column 3 exemption period |
|---|---|---|
| 1 | a person exempt from serving as a juror under— • the Jury Exemption Act 1965 |
(Cwlth), section 4 or regulations under that section; or
• the Navigation Act 2012
(Cwlth), section 89
2
a magistrate or coroner
2 years after the appointment as magistrate or coroner ends
3
an employee of the government of a foreign country or of an international organisation
4
the official secretary to the Governor-General
5
an Australian legal practitioner under the Legal Profession Act 2006
, or an employee of an Australian legal practitioner
6
a practising doctor
7
a police officer
5 years after the employment as police officer ends
8
a person with full-time duties as a member of an emergency service
9
a person living in the Jervis Bay Territory
10
a judge or associate judge of the Supreme Court
2 years after the appointment as judge or associate judge ends
11
a member of the Legislative Assembly or a member of staff of a member of the Legislative Assembly who is an adviser or private secretary
12
a director-general
13
a public servant in the staff of the following:
(a) the Supreme Court;
(b) the Magistrates Court
2 years after the employment ends
14
a public servant providing legal professional services in the staff of the Justice and Community Safety Directorate
15
a public servant providing legal professional services in the staff of the following:
(a) the Legal Aid Commission (A.C.T.);
(b) the Office of the Director of Public Prosecutions
2 years after the employment ends
16
a person holding any of the following positions in the Legislative Assembly:
(a) clerk;
(b) deputy clerk;
(c) clerk assistant;
(d) sergeant-at-arms;
(e) editor of debates;
(f) secretary to a committee of the Assembly
17
an employee at any of the following places:
(a) a place declared to be a detention place under the Children and Young People Act 2008
, section 142;
(b) a place approved as a place of care under the Children and Young People Act 2008
, section 525;
(c) a place declared to be a therapeutic protection place under the Children and Young People Act 2008
, section 625
2 years after the employment ends
18
the emergency services commissioner and a chief officer, or deputy chief officer, of an emergency service
19
an employee of ACT Corrective Services
2 years after the employment ends
20
a person appointed as any of the following:
(a) a royal commission under the Royal Commissions Act 1991
, section 5;
(b) a board of inquiry under the Inquiries Act 1991
, section 5;
(c) a member of the judicial council established under the Judicial Commissions Act 1994
, section 5A;
(d) a member of a judicial commission under the Judicial Commissions Act 1994
21
a public servant during the period the public servant is made available to a royal commission, board of inquiry or judicial commission
22
a commissioner under the Human Rights Commission Act 2005
or the public trustee and guardian under the Public Trustee and Guardian Act 1985
2 years after the appointment ends
23
a person for whom a guardian has been appointed under the Guardianship and Management of Property Act 1991
Part 1.4 People who may claim exemption
Table 1.4
|
column 1 item |
column 2 people who may claim exemption |
|---|---|
| 1 | a minister of religion |
| 2 | a practising member of a religious society or order the beliefs or principles of which are incompatible with jury service |
| 3 | a professor, lecturer, school principal or teacher engaged in full-time teaching of organised classes at a university, college or school |
| 4 | an editor of a newspaper |
| 5 |
a practising nurse, practising enrolled nurse, practising nurse practitioner |
6 | a household officer or member of staff of the Governor-General |
| 7 |
a person who is 70 years old or older |
| 8 | a person with disability within the meaning of the Disability Services Act 1991 |
, including a person who is totally or partially blind, or totally or partially deaf
9
a person who is subject to a mental health order under the Mental Health Act 2015
10
a person who is unable to read and speak the English language
11
a person who lives with, and is caring full-time for, a person who is sick or infirm or who is a person with disability within the meaning of the Disability Services Act 1991