Statutory Rules 1987 No. 186¹

Jury Exemption Regulations

I, THE GOVERNOR-GENERAL of 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 13 September 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

Citation

1. These Regulations may be cited as the Jury Exemption Regulations.

Commencement

2. These Regulations shall come into operation on 1 October 1987.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears, “the Act” means the Jury Exemption Act 1965.

(2) For the purposes of these Regulations, each of the Territories is a specified Territory.

Exemption of certain Commonwealth employees

4. A person holding, or for the time being performing the duties of, an employment as a Commonwealth employee in respect of which the rate of salary equals or exceeds the rate of salary for the time being payable to an officer of the Australian Public Service occupying an office classified as Senior Executive Level 5 is exempt from liability to serve as a juror:

(a) in Federal courts;

(b) in the courts of a specified Territory; and

(c) in the courts of the States.

Exemptions relating to administration of justice

5. (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

(a) in Federal courts;

(b) in the courts of a specified Territory; and

(c) in the courts of the States.

(2) This regulation applies to:

(a) an officer or employee of:

(i) the Attorney-General’s Department;

(ii) the Office of Parliamentary Counsel; or

(iii) the office of the Director of Public Prosecutions;

being an officer or employee whose duties involve the provision of legal professional services;

(b) an officer or employee of:

(i) the High Court of Australia;

(ii) the Federal Court of Australia;

(iii) the Family Court of Australia;

(iv) the Supreme Court of the Australian Capital Territory; or

(v) the Magistrates Court of the Australian Capital Territory;

(c) a person employed as a chemist in the Australian Government Analytical Laboratories, being a person whose duties include appearing as an expert witness in court proceedings;

(d) a person holding an appointment under section 6 of the Remand Centres Ordinance 1976 of the Australian Capital Territory;

(e) a person holding, or for the time being performing the duties of, one of the following positions in the Department of the Arts, Sport, the Environment, Tourism and Territories:

(i) Assistant Secretary, Welfare Services Branch;

(ii) Director, Youth and Family Services, Welfare Services Branch;

(iii) Assistant Director, Youth Services, Welfare Services Branch;

(iv) Social Worker, Welfare Services Branch;

(v) Clerical Assistant, Grade 8, Welfare Services Branch;

(f) a person holding, or for the time being performing the duties of, a position as Chief Fire Control Officer or as a Deputy Fire Control Officer under the Careless Use of Fire Ordinance 1936 of the Australian Capital Territory;

(g) a member within the meaning of the Australian Federal Police Act 1979 and a person employed under section 16 of that Act;

(h) a member within the meaning of the National Crime Authority Act 1984 and a member of the staff of the Authority within the meaning of that Act;

(i) a protective service officer or special protective service officer within the meaning of the Australian Protective Service Act 1987; and

(j) a person not otherwise referred to in this subregulation for the time being employed by:

(i) the Australian Bureau of Criminal Intelligence;

(ii) the Australian Police Staff College; or

(iii) the National Police Research Unit.

Exemptions relating to public need

6. (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

(a) in Federal courts;

(b) in the courts of a specified Territory; and

(c) in the courts of the States.

(2) This regulation applies to:

(a) a veterinary officer or other person employed in the Department of Primary Industries and Energy whose duties relate to the planning, co-ordination and monitoring of measures to limit the importation of exotic diseases into, or outbreak of exotic diseases in, Australia;

(b) a person holding, or for the time being performing the duties of, any of the following positions:

(i) General Superintendent in the Repatriation General Hospital at Concord in the State of New South Wales;

(ii) Medical Superintendent in the Repatriation General Hospital at Heidelberg in the State of Victoria;

(iii) Medical Superintendent in the Repatriation General Hospital at Greenslopes in the State of Queensland;

(iv) Medical Superintendent in the Repatriation General Hospital at Daw Park in the State of South Australia;

(v) Medical Superintendent in the Repatriation General Hospital at Hollywood in the State of Western Australia;

(vi) Medical Superintendent in the Repatriation General Hospital at Hobart in the State of Tasmania;

(c) a person holding, or for the time being performing the duties of, a position in the Australian Capital Territory Electricity Authority as:

(i) System Operator;

(ii) Electrical Control Operator Grade 1;

(iii) System Control Engineer;

(iv) Chief Electrical Inspector; or

(v) Senior Installation Inspector, Safety; and

(d) a person employed by the Australian Institute of Marine Science as Field Operations Manager and Diving Officer or as Assistant Diving Officer.

Exemptions relating to public administration

7. (1) A person to whom this regulation applies is exempt from liability to serve as a juror:

(a) in Federal courts;

(b) in the courts of a specified Territory; and

(c) in the courts of the States.

(2) This regulation applies to:

(a) the Official Secretary to the Governor-General;

(b) a person performing duties as Secretary to:

(i) a Royal Commission; or

(ii) a Committee of Inquiry established under an Act;

(c) a person holding, or for the time being performing the duties of, one of the following positions in relation to a Minister of State:

(i) Principal Private Secretary;

(ii) Principal Adviser;

(iii) Senior Private Secretary;

(iv) Senior Adviser;

(v) Private Secretary;

(vi) Adviser;

(vii) Press Secretary;

(d) a person constituting a Coal Industry Tribunal pursuant to section 30 of the Coal Industry Act 1946; and

(e) a person holding, or for the time being performing the duties of, a position as Industrial Registrar or as a Deputy Industrial Registrar under the Conciliation and Arbitration Act 1904.

Repeal

8. Statutory Rules 1970 No. 131, 1971 No. 73 and 1972 No. 61 are repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 September 1987.

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