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This is a Bill, not an Act. For current law, see the Acts databases.
2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Courts and Other Justice Legislation Amendment Bill 2018
A Bill for
An Act to amend legislation about courts, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Courts and Other Justice Legislation Amendment Act 2018
.
This Act commences on the 28th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
.
Part 2 ACT Civil and Administrative Tribunal Act 2008
4 Tribunal jurisdiction and powers of
Magistrates Court
Section 22, new note
insert
Note The
, pt 4.2 deals with the civil jurisdiction of the Magistrates Court, including that the Magistrates Court—
(a) may hear and decide any personal action at law, including an action relating to the detention of goods, subject to a monetary limit (see s 257); and
(b) may grant any relief, redress or remedy and must give effect to any defence, counterclaim or set-off in the same way as the Supreme Court (see s 258); and
(c) does not have jurisdiction to hear and decide a proceeding questioning title to land (unless incidental in the proceeding) (see s 264).
5 Powers in relation to witnesses
etc
New section 41 (7)
insert
(7) The tribunal is taken to be a court of competent jurisdiction for the Health Records (Privacy and Access) Act 1977
when exercising its powers under this section.
6 Procedure in absence of
party
Section 44, new note
insert
Note If the tribunal makes an order after hearing an application in the absence of a party, the tribunal may, on application by a party, amend or set aside the order (see s 56 (c) (i)).
7 Costs of
proceedings
Section 48 (1)
after
this Act
insert
or another territory law
insert
Note A legal expense relating to a proceeding in the tribunal may be recoverable as a debt under the Unit Titles (Management) Act 2011
, s 31.
9 Other actions by
tribunal
Section 56 (c) (i), new note
insert
Note A party may apply to the tribunal under this provision if the tribunal makes an order under s 44 after hearing an application in the absence of a party.
in part 7, insert
69A Meaning of appropriate court—pt 7
In this part:
appropriate court means—
(a) if the amount payable under an enforceable money order or the form of relief under an enforceable non-money order is within the Magistrates Court’s jurisdiction—the Magistrates Court; or
(b) for any other enforcement proceeding—the Supreme Court.
substitute
71 Enforcement of orders
(1) A money order or non-money order made by the tribunal may be enforced by filing in the appropriate court—
(a) a copy of the order sealed by the tribunal; and
(b) a supporting affidavit stating—
(i) for a money order—the amount owed under the money order; and
(ii) for a non-money order—non-compliance with the non-money order.
(2) The money order or non-money order is taken to be an enforceable order of the appropriate court in which it is filed for the purposes of the Court Procedures Rules 2006
, part 2.18 (Enforcement).
Note 1 The
, r 2015 requires certain documents to be served on the enforcement debtor or other liable person before an enforcement proceeding can be started for an enforceable money order or non-money order.
Note 2 A person entitled to enforce an enforceable money order or non-money order (the original order) may obtain an enforcement order from the appropriate court to enforce the original order (see Court Procedures Rules 2006
, pt 2.18).
(3) In this section:
money order—see the Court Procedures Rules 2006
, rule 2000.
non-money order—see the Court Procedures Rules 2006
, rule 2000.
12 Faulty filed orders referred back to
tribunal
Section 72 (1)
substitute
(1) This section applies if there is an error in an order (a faulty order) mentioned in section 71 (1) that prevents the appropriate court from enforcing the order.
omit
Magistrates Court
substitute
appropriate court
14 Fixed faulty
orders
Section 73 (2)
substitute
(2) The faulty order, as amended or corrected, is taken to be filed in the appropriate court under section 71 for enforcement under the Court Procedures Rules 2006
, part 2.18 (Enforcement).
15 Dictionary, new definition of appropriate court
insert
appropriate court, for part 7 (Enforcement and
offences)—see section 69A.
Part 3 ACT Civil and Administrative Tribunal Regulation 2009
16 Maximum amount payable under
occupational discipline order—Act, s 66 (2) (h)
Section 4
(a) and (b)
substitute
(a) for an individual—$5 000;
(b) for a corporation—$25 000.
17 Appointment of senior and ordinary
members of the tribunal—Act, s 96
Section 6 (2) to (5) and
note
substitute
(2) As part of taking reasonable steps, the Attorney-General must consider the desirability of the tribunal including—
(a) not less than the number of members mentioned in an item in table 6, column 2, each of whom the Attorney-General is satisfied has the interest, qualification or experience mentioned in column 3 for the item; and
(b) as many other members, each of whom is a health practitioner, as are required to allow the tribunal to exercise its functions.
Note Health practitioner—see the Legislation Act
, dictionary, pt 1.
substitute
Table 6 Senior and ordinary members generally
19 Table 6.2 and example and note
omit
Part 4 Children and Young People Act 2008
20 Appearance at disciplinary hearing
by audiovisual or audio link
Section 335 (1) (b)
omit
place other than participating State
substitute
another place
21 Control and release of body of
deceased
Section 15 (4)
omit
in division 3.1, insert
17A Considerations before exercising function or making decision
In exercising a function or making a decision in relation to an inquest, a coroner must have regard to the desirability of minimising the causing of distress or offence to people who, because of their cultural attitudes or spiritual beliefs, could reasonably be expected to be distressed or offended by the exercise of the function or decision.
in part 4, insert
19A Meaning of ancillary examination—pt 4
In this part:
ancillary examination, in relation to the body of a person, means 1 or more of the following procedures:
(a) taking a sample of blood or other bodily fluids;
(b) taking a sample of tissue, bone or hair;
(c) taking fingerprints;
(d) conducting radiographic imaging and examination;
(e) conducting an external examination, including taking photographs.
19B Directions to obtain medical records
(1) This section applies if a person has died in any of the circumstances in relation to which a coroner has jurisdiction to hold an inquest.
(2) A coroner may, by order, direct a person who has responsibility for or control of any medical records relating to the deceased person, including someone in charge of a hospital or residential institution, to give the records to the coroner or the doctor stated in the order.
Example
a person in charge of an aged care facility or residential disability care facility is directed to give a deceased person’s medical records to the coroner
Note An example is part of the Act, 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).
(3) Unless the coroner otherwise orders, a doctor who is given records under this section must return the records to the person who gave them as soon as reasonably practicable after a coroner has, under section 20 (1) or section 21, dispensed with or completed a post-mortem examination.
(4) An order under subsection (2) or (3) must be in writing.
19C Ancillary examination
(1) This section applies if a person has died in any of the circumstances in relation to which a coroner has jurisdiction to hold an inquest.
(2) A coroner may authorise a person, in writing, to conduct an ancillary examination of the body of the person.
24 Dispensing with post-mortem
examination
Section 20 (1)
omit
the information
substitute
any medical records or other information
25 Directions to doctors to conduct
post-mortem examinations
Section 21 (1)
omit
Subject to section 28, a coroner
substitute
A coroner
26 Section 21 (3), (4) and (5)
substitute
(3) An order under subsection (1) or (2) must be in writing.
27 Removal of body to place of
post-mortem examination
Section 26 (1)
omit
Subject to section 28, if a coroner
substitute
If a coroner
28 Warrant for exhumation of body or
recovery of ashes
Section 27 (1)
omit
Subject to section 28, a coroner
substitute
A coroner
29 Prior considerations before
directing post-mortem examinations
Section 28
omit
substitute
33 Assistance at post-mortems etc
(1) This section applies if a coroner—
(a) authorises an ancillary examination; or
(b) makes an order for a post-mortem examination, reinterment or analysis of ashes; or
(c) issues a warrant for an exhumation of a body or the recovery of the ashes of a deceased.
(2) The coroner may authorise a person, in writing, to assist in the ancillary or post-mortem examination, reinterment, exhumation, analysis or recovery.
(3) A doctor who is authorised to conduct the ancillary examination or ordered to conduct the post-mortem examination, may authorise a person, in writing, to assist with the examination.
31 Appearance by audiovisual or audio
links
Section 42A (1)
omit
place other than participating State
substitute
another place
32 Sections 68C (7), 68D and 68E
after
police officer
insert
or other person
33 Exercise of investigation scene
powers under pt 5A
Section 68G (1)
after
police officer
insert
or other person
after
officer
insert
or other person
substitute
(2) If a police officer or other person secures a place, the officer or other person must, if it is reasonable in the circumstances, give notice to members of the public that the place is an investigation scene.
(3) In this section:
investigation scene power, under this part, means a power exercisable under section 68E or section 68F (4).
36 Part does not limit other
powers
Section 68H
after
police officer
insert
or other person
37 Dictionary, new definition of ancillary examination
insert
ancillary examination, for part 4 (Post-mortem examinations and
exhumations)—see section 19A.
Part 6 Corrections Management Act 2007
38 Appearance at disciplinary
hearing—audiovisual or audio link
Section 203 (1) (b)
omit
place other than participating State
substitute
another place
Part 7 Crimes (Sentence Administration) Act 2005
39 Appearance at board hearing by
audiovisual or audio link
Section 207 (1)
omit
place other than participating State
substitute
another place
40 Postal articles
Section
160 (1)
omit
fourth
substitute
7th
Part 9 Evidence (Miscellaneous Provisions) Act 1991
substitute
Part 3.4 Use of audiovisual links or audio links with other places in ACT proceedings
substitute
32 Territory courts may take evidence and submissions from another place
43 Section 32 (1) (b) and note
substitute
(b) a place outside the ACT but within Australia; or
Note If the place is a participating jurisdiction, a territory court may make a direction (on application or on its own initiative) under pt 3.2 (Use of audiovisual links or audio links with participating States in ACT proceedings).
insert
(c) a place outside Australia (other than New Zealand).
Note The
(Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian
proceedings) and the
, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in an ACT proceeding.
substitute
(b) it is in the interests of the administration of justice to make the direction.
insert
(2A) In considering whether it is in the interests of the administration of justice to make the direction, the court may consider—
(a) whether the evidence or submission can more conveniently be given or made from the place; and
(b) whether the making of the direction is unfair to any party opposing the making of the direction; and
(c) whether the making of the direction could support court efficiency by reducing costs or delay to the proceeding; and
(d) anything else that the court considers appropriate.
omit
substitute
Part 3.6 General matters
in part 3.6, insert
35A Application—pt 3.6
This part applies to any proceeding before a territory court.
Note The
(Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian proceedings) and the Court Procedures Rules 2006
, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in a proceeding in an Australian court or a prescribed Australian tribunal.
35B Administration of oaths and affirmations by audiovisual or audio link
(1) An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give evidence by audiovisual link or audio link may be administered—
(a) by audiovisual link or audio link, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give evidence in the courtroom or other place where a territory court is sitting; or
(b) if the territory court allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by the other person.
(2) However, a person giving evidence by audiovisual link or audio link from a place outside Australia is not required to give the evidence on oath or affirmation if—
(a) the law in force in that place—
(i) does not permit the person to give evidence on oath or affirmation for the purposes of the proceeding; or
(ii) would make it inconvenient for the person to give evidence on oath or affirmation for the purposes of the proceeding; and
(b) the territory court is satisfied that it is appropriate for the evidence to be given otherwise than on oath or affirmation.
(3) Subsection (2) applies despite anything to the contrary in the Evidence Act 2011
or any other territory law.
35C Putting documents to person by audiovisual or audio link
(1) This section applies if, in the course of an examination or appearance of a person by audiovisual link or audio link, it is necessary to put a document to the person.
(2) The territory court may direct or allow the document to be put to the person in any way that the court considers appropriate.
35D Premises to be considered part of territory court
(1) This section applies to any place within or outside the ACT where audiovisual link or audio link facilities are being used for a person to give evidence or make a submission in any proceeding.
(2) The place is taken, for all purposes, to be part of the territory court that is sitting at a courtroom or other place to conduct the proceeding.
(3) To remove any doubt, a law relating to evidence, procedure, contempt of court, perjury or otherwise relating to the administration of justice will apply in relation to the place in the same way it applies in relation to the courtroom or other place.
Examples
•
•
•
, ch 7
•
Note An example is part of the Act, 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).
50 Power to order payment of
costs
Section 36
omit
place other than participating State
substitute
another place
Part 10 Judicial Commissions Act 1994
substitute
5I Council—delegation
(1) The council may delegate its functions under this Act to a member of the council’s staff.
Note For the making of delegations and the exercise of delegated
functions, see the
, pt 19.4.
(2) However, the council must not delegate its function of—
(a) dismissing a complaint, other than its function under section 35B (1) (a), (f) or (g); or
(b) referring a complaint; or
(c) making a recommendation in relation to a complaint.
52 Medical examination of judicial
officer
Section 35 (1)
omit everything after
may request
insert
the judicial officer to—
(a) undergo a specified medical examination within a reasonable stated time; and
(b) give the council a copy of any report of the medical examination.
(1A) A specified medical examination must relate only to the physical or mental fitness of the judicial officer to exercise efficiently the functions of his or her office.
after
fails
insert
, without reasonable excuse,
54 Examination of complaint by
council
New section 35D (4) and (5)
insert
(4) The council must tell the Attorney-General when it starts conducting an examination of a complaint about a judicial officer and when, and the way in which, the complaint is disposed of.
(5) Subsection (4) applies whether or not the Attorney-General has requested the information about the complaint.
55 Dismissal of complaint by
council
Section 35I (2)
substitute
(2) If the council dismisses a complaint, the council must prepare a report of its examination.
56 Substantiation of complaint by
council
Section 35J (2) (b) (ii)
omit
and the Attorney-General
insert
35JA Notifying Attorney-General about complaint
(1) This section applies to a complaint referred to the council under section 15.
(2) The council must, as soon as practicable after dealing with the complaint, notify the Attorney-General about whether the matter was—
(a) dismissed under section 35B; or
(b) referred to the relevant head of jurisdiction under section 35C.
Note The council must also notify the Attorney-General under s 35D (4) when it starts examining a complaint about a judicial officer and when, and the way in which, the complaint is disposed of.
58 Appearance by audiovisual or audio
links
Section 43A (1)
omit
place other than participating State
substitute
another place
insert
61B Information about complaint to be provided to Attorney-General
(1) The council must, at the request of the Attorney-General, provide the Attorney-General with the following information in relation to a particular judicial officer:
(a) whether a complaint has been made, when a complaint was made or when the matter about which a complaint was made is alleged to have happened;
(b) the subject matter of the complaint;
(c) the stage of the procedure for dealing with a complaint that the complaint has reached;
(d) for a complaint that has been disposed of, the way in which the complaint was disposed of;
(e) other information the council considers relevant.
(2) However, unless a complaint has been referred to a judicial commission,
the council is not required to provide information about the complaint against a
particular judicial officer if the council considers it is not in the public
interest to provide the information.
60 Persons not qualified to serve as
jurors
Section 10
omit
substitute
11 Disqualified people, exempt people and people who may claim exemption
A regulation may prescribe a person who—
(a) is disqualified from serving as a juror; or
(b) is exempt from serving as a juror; or
(c) may claim an exemption from serving as a juror.
substitute
14 Excusing of jurors
(1) This section applies if a judge or the sheriff is satisfied that a person summoned or appointed to attend to serve as a juror has shown sufficient reason to be excused from attendance.
Examples—sufficient reason
1 pregnancy
2 illness
3 the person has care of children or of aged or ill people
Note An example is part of the Act, 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).
(2) The judge or the sheriff may, at any time after service of the summons or the appointment, excuse the person from attendance or further attendance on the Supreme Court during the period that the judge or sheriff states.
substitute
15 Partners or coworkers as jurors
(1) This section applies if a judge or the sheriff is satisfied that 2 or more people who have been summoned or appointed to attend as jurors on the same day are employed in the same establishment or are partners in the same partnership.
(2) The judge or the sheriff may excuse 1 or more of them from attending as jurors on that day if satisfied that attendance would substantially inconvenience or adversely impact the establishment or partnership.
substitute
16 Reasonable support because of insufficient understanding or disability
(1) This section applies if a judge is satisfied that a person summoned or appointed to attend to serve as a juror, and who has not claimed an exemption or otherwise been excused from attendance, may be unable to properly discharge the duties of a juror, because the person—
(a) has an insufficient understanding of the English language; or
(b) is suffering from a mental or physical disability.
(2) The judge—
(a) must consider if support that would enable the person to properly discharge the duties of a juror can reasonably be given; and
(b) if satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, must make a direction that the support be given.
Examples—support
1 an interpreter, including an Auslan interpreter
2 an assistance animal, disability aid or support person
Note An example is part of the Act, 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).
(3) To determine if support can reasonably be given, the judge may consider the following:
(a) whether the support would impose a disproportionate or undue burden on court resources, facilities and time frames;
(b) if the support would require a non-juror being present during jury deliberations, whether the non-juror’s presence would inhibit or restrict discussion, or unduly pressure or influence any juror;
(c) any other issue the judge considers relevant.
(4) If the judge makes a direction allowing an interpreter or support person to assist the person to properly discharge the duties of a juror—
(a) the common law rule against having a non-juror in the jury room is not a relevant consideration; and
(b) a direction to allow a non-juror to be present during jury deliberations is solely for assisting the person to properly discharge the duties of a juror; and
(c) the direction is subject to the interpreter or support person agreeing to make an oath or affirmation in accordance with schedule 1, part 1.1A or part 1.1B.
(5) If the judge is not satisfied that support that would enable the person to properly discharge the duties of a juror can reasonably be given, the judge may discharge that person from further attendance on the Supreme Court under that summons or appointment.
65 Choosing jurors
Section 24
(2) (a)
after
exempt
insert
or excused
substitute
(3) For subsection (1) and (2), the names must be chosen randomly (whether by electronic or other means).
after
under subsection (1) or (2)
insert
(the jury roll)
substitute
(5) A police officer may make the inquiries that the police officer considers appropriate to determine whether any person whose name is included on the jury roll is a disqualified person and the officer must report in writing, electronically or otherwise, the result of the inquiries to the sheriff.
substitute
(7) If it appears to the sheriff, after considering a report under subsection (5), that a person whose name is included on the jury roll is a disqualified person, the sheriff must remove the name of the person from the jury roll and jury list.
70 Section 24 (8), (9) and (10)
substitute
(8) The sheriff must remove the name of a person from the jury roll if it appears to the sheriff, after considering a report made under subsection (5) that—
(a) the person is not a disqualified person but has been convicted of an offence punishable on summary conviction; and
(b) having regard to the regulation, schedule 1, part 1.2, (Disqualified people) and the nature and seriousness of the offence, the person would be unable to adequately exercise the functions of a juror.
(9) If the sheriff removes the name of a person from the jury roll under subsection (8), the sheriff must, by written notice sent by post addressed to the person at the person’s last known address, advise the person that their name has been removed and that the person may object to the removal by written application to a judge.
(9A) If a person makes an application under subsection (9), the judge must fix a date and time for the hearing of the application and notify the applicant and sheriff of the date and time.
(10) If the judge decides that an applicant’s name should not have been removed from the jury roll, the sheriff must put the applicant’s name back on the jury roll.
substitute
27 Preparation of jury pool, allocation of identifying numbers and excused jurors
(1) The sheriff must—
(a) prepare a pool of jurors for the jury precept by listing the names of people who have been served with a jury summons and have not been disqualified, excused or exempted from serving as a juror (the jury pool); and
(b) allocate a unique number (an identifying number) to each person in the jury pool.
(2) The sheriff must also notify any person who is excused from attendance on the Supreme Court in compliance with the requirements of the jury summons.
substitute
27A Record of identifying numbers
(1) The sheriff must keep a record of the identifying numbers for each jury pool.
(2) The record must be kept in a way that maintains its confidentiality.
substitute
28 Sheriff’s return to precept
On the day and at the time stated in a jury precept for the attendance of the people summoned under the jury precept, the sheriff must return into the Supreme Court the jury precept and must give it to the proper officer together with the jury pool.
29 Inspection of jury pools
(1) Except by leave of the Supreme Court, a person must not, before the day fixed for a trial, inspect or obtain a copy of the jury pool for the trial.
(2) The legal practitioner representing the prosecution, the accused or the accused person’s legal practitioner may, on the day fixed for a trial, inspect or obtain from the sheriff a copy of the jury pool for the trial.
74 Informalities etc not to invalidate
verdict
Section 30
omit
panel of jurors
substitute
jury pool
75 Empanelling a jury
Section
31 (1)
substitute
(1) At the beginning of a criminal trial, the proper officer must randomly choose, whether by electronic or other means, the identifying number for a person in the jury pool and call aloud the identifying number chosen until 12 people have entered the jury box.
omit
jury cards are drawn
substitute
identifying numbers are called
omit
the jury panel
substitute
the jury pool
substitute
(b) the sheriff must allocate a unique number (an identifying number) to the person;
substitute
(6) If a person’s identifying number has been called but the person is not sworn, the person’s name remains in the jury pool when the jury is sworn.
(7) When the verdict of the jury has been given and recorded or the jury has been discharged, whichever happens first, the identifying numbers must, unless the Supreme Court otherwise orders, be returned to the jury pool.
substitute
(4) If, immediately before a jury is to retire to consider its verdict, the jury consists of more than 12 jurors, the proper officer must select the jurors to be discharged by randomly selecting, by electronic or other means, identifying numbers one at a time until 12 jurors remain unselected.
(5) If a juror is selected under subsection (4), the name of the juror is returned to the jury pool unless the Supreme Court orders otherwise.
substitute
33 Standing persons by
(1) At a criminal trial, the Supreme Court may, at the request of the legal practitioner representing the prosecution, order a person called to stand by until all identifying numbers are called.
(2) If all the identifying numbers are called and fewer than 12 people have entered the jury box, the identifying numbers for the people who have been ordered to stand by must be returned to the jury pool and again randomly chosen from the jury pool in accordance with section 31.
82 Sections 41, 42 and 42A, penalty
omit
5 penalty units
substitute
10 penalty units
substitute
42B Contravention of s 41, s 42 and s 42A
(1) This section applies if a judge or sheriff is satisfied that a person has contravened section 41 (Nonattendance), section 42 (Leaving without permission) or section 42A (Failing to comply with conditions).
(2) The sheriff may serve a notice on the person stating that if the person does not wish to have the matter referred to the Supreme Court, the person must—
(a) pay to an officer stated in the notice at a stated place and time a penalty amount equivalent to 5 penalty units for the contravention; or
(b) show cause to the sheriff within a stated time why the penalty should not be imposed for the contravention.
(3) The sheriff may require the person to verify the person’s statements under subsection (2) (b) by statutory declaration.
Note 1 The
(Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2 It is an offence to make a false or misleading statement, give
false or misleading information or produce a false or misleading document (see
, pt 3.4).
(4) If the sheriff is not satisfied that a person has shown reasonable cause why a penalty should not be imposed for the contravention, the sheriff must tell the person and state a further period of time within which the person may pay the penalty amount.
(5) A person served with a notice under subsection (2)—
(a) has the right to refuse to be dealt with under this section; and
(b) is taken to have refused to be dealt with under this section if the person—
(i) does not show reasonable cause why a penalty should not be imposed for the contravention, within the time stated in the notice; and
(ii) fails to pay the penalty amount within the time stated in the notice or within any further time as may be allowed by the sheriff.
Note Fail includes refuse (see Legislation Act
, dict, pt 1).
(6) If the penalty amount is paid, no person will be liable for any further proceedings for the contravention.
84 Personation of
jurors
Section 43
omit
on a panel of jurors
substitute
in a jury pool
85 Oath by jurors
New section
45 (2)
insert
(2) A person may make the oath or affirmation individually or as part of a group of people.
insert
45A Oath by interpreter
Before assisting a juror to properly discharge the duties of a juror, an interpreter must make an oath or affirmation in the form stated in schedule 1, part 1.1A.
45B Oath by support person
Before assisting a juror to properly discharge the duties of a juror, a support person must make an oath or affirmation in the form stated in schedule 1, part 1.1B.
substitute
49 Food and refreshment for jury
(1) At any time after a jury has been sworn, and whether or not it has retired to consider its verdict, the sheriff may order—
(a) that the jury be given the refreshments that the sheriff considers appropriate; or
(b) that each juror be paid the amount determined by the Minister for a meal (a meal allowance).
(2) The sheriff must ensure the refreshments or meal allowance are given.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
insert
53 Juries Regulation 2018—sch 2
(1) The provisions set out in schedule 2 are taken, on the commencement of this section, to be a regulation made under section 52.
(2) To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 52.
(3) Also to remove any doubt, the regulation is taken—
(a) to have been notified under the Legislation Act
on the day the Courts and Other Justice Legislation Amendment Act 2018 is notified; and
(b) to have commenced on the commencement of this section; and
(c) not to be required to be presented to the Legislative Assembly
under the
, section 64 (1).
(4) Subsections (1) to (3) are laws to which the Legislation Act
, section 88 (Repeal does not end effect of transitional laws etc) applies.
(5) This section and schedule 2 expire on the day they commence.
insert
Schedule 2 Juries Regulation 2018
(see s 53)
Australian Capital Territory
Juries Regulation 2018
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
, 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
|
, 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
|
(Cwlth), section 4 or regulations under that section; or
• the
(Cwlth), section 89
standard
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
standard
4
the official secretary to the Governor-General
standard
5
an Australian legal practitioner under the Legal Profession Act 2006
, or an employee of an Australian legal practitioner
standard
6
a practising doctor
standard
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
standard
9
a person living in the Jervis Bay Territory
standard
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
standard
12
a director-general
standard
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
standard
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
standard
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
standard
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
, section 6
standard
21
a public servant during the period the public servant is made available to a royal commission, board of inquiry or judicial commission
standard
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
standard
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
substitute
Part 1.1
(see s 45)
Juror’s oath
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will give a true verdict according to the evidence.
Juror’s affirmation
I solemnly and sincerely declare and affirm that I will give a true verdict according to the evidence.
91 Schedule 1, new parts 1.1A and 1.1B
insert
Part 1.1A
(see s 45A)
Interpreter’s oath
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will well and truly interpret the proceedings and the jury’s deliberations and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law.
Interpreter’s affirmation
I solemnly and sincerely declare and affirm that I will well and truly interpret the proceedings and the jury’s deliberations and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law.
Part 1.1B
(see s 45B)
Supporter’s oath
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will well and truly support the juror to discharge the juror’s duties, and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law.
Supporter’s affirmation
I solemnly and sincerely declare and affirm that I will well and truly support the juror to discharge the juror’s duties, and that I will not otherwise participate in the jury’s deliberations or disclose anything about those deliberations, except as allowed or required by law.
92 Schedule 1, parts 1.2, 1.3 and 1.4
substitute
Part 1.2
(see s 46)
Oath by person in charge of jury
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will keep this jury in my charge, that I will not allow anyone to speak to any juror, except as allowed or required by law and that I will not speak to any juror myself concerning the issues before the court.
Affirmation by person in charge of jury
I solemnly and sincerely declare and affirm that I will keep this jury in my charge, that I will not allow anyone to speak to any juror, except as allowed or required by law and that I will not speak to any juror myself concerning the issues before the court.
Part 1.3
(see s 47 (2) (a))
Oath by person in charge of jurors on a view
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will faithfully attend this jury to the place (or property) that the jury has been ordered by the judge to view, that I will not allow anyone to speak to any juror concerning the issues before the court, other than the persons appointed and sworn to show that place (or property) to this jury, except as otherwise allowed or required by law and that I will not speak to any juror myself concerning the issues before the court.
Affirmation by person in charge of jurors on a view
I solemnly and sincerely declare and affirm that I will faithfully attend this jury to the place (or property) that the jury has been ordered by the judge to view, that I will not allow anyone to speak to any juror concerning the issues before the court, other than the persons appointed and sworn to show that place (or property) to this jury, except as otherwise allowed or required by law and that I will not speak to any juror myself concerning the issues before the court.
Part 1.4
(see s 47 (2) (b))
Oath by person appointed to conduct a view
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will attend this jury and faithfully show this jury the place (or property) that this jury has been ordered by the judge to view and that I will not speak to any juror concerning the issues before the court otherwise than to describe that place (or property).
Affirmation by person appointed to conduct a view
I solemnly and sincerely declare and affirm that I will attend this jury and faithfully show this jury the place (or property) that this jury has been ordered by the judge to view and that I will not speak to any juror concerning the issues before the court otherwise than to describe that place (or property).
omit
94 Dictionary, definition of ballot box
omit
95 Dictionary, definition of disqualified person
omit
section 10
substitute
section 11 (a)
96 Dictionary, definition of identifying number
omit
section 27 (3) (a)
substitute
section 27 (1) (b)
97 Dictionary, definition of jury card
omit
98 Dictionary, new definition of jury pool
insert
jury pool—see section 27.
99 Dictionary, definition of panel of jurors
omit
100 Dictionary, definition of person called
substitute
person called means a person whose identifying number is called out by the proper officer.
101 Dictionary, new definition of support person
insert
support person—see the Discrimination Act 1991
, section 5AA (3).
102 When document taken to be
served
Section 250 (2), note
omit
4th
substitute
7th
Part 13 Magistrates Court Act 1930
103 Defendant’s appearance in
non-bail proceedings—audiovisual links
Sections 72B (1)
omit
place other than participating State
substitute
another place
104 Civil disputes under ACT Civil and
Administrative
Tribunal Act
Section 266A (2),
note
substitute
Note The
, s 71 provides for the enforcement by an appropriate court of a money order or non-money order made by the tribunal under the Court Procedures Rules 2006
, pt 2.18 (Enforcement).
105 Sections 311 (1) (a) and 316 (2) (a)
omit
place other than participating State
substitute
another place
Part 14 Oaths and Affirmations Act 1984
106 Certain provisions subject to court
rules
Section 5, 2nd and 3rd dot points
substitute
• section 8 (Oath or affirmation by interpreter)
substitute
8 Oath or affirmation by interpreter
omit
to interpret a spoken language
substitute
an interpreter
109 Oath or affirmation by interpreter
of signs
Section 9
omit
110 Alternative form and manner for
oath
New section 21 (2)
insert
(2) It is not necessary that a religious text be used in taking an oath.
substitute
Schedule 1 Oath and affirmation of office
(see s 6)
Oath
I, A.B., swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person’s religion) that I will well and truly serve in the office of
So help me God! (or the person may use a similar expression recognised by the person’s religion)
Affirmation
I, A.B., solemnly and sincerely declare and affirm that I will well and truly serve in the office of
Schedule 1A Oaths and affirmations by member of Legislative Assembly
(see s 6A)
Part 1A.1
Oath
I, A.B., swear (or the person taking
the oath may promise) by Almighty God (or the person may name a god
recognised by the person’s religion) that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth, Her heirs and successors
according to law. So help me God! (or the person may use a similar expression
recognised by the person’s religion)
Affirmation
I, A.B.,
solemnly and sincerely declare and affirm that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth, Her heirs and successors according to
law.
Part 1A.2
Oath
I, A.B., swear (or the person taking the oath may promise)
by Almighty God (or the person may name a god recognised by the
person’s religion) that I will faithfully serve the people of the
Australian Capital Territory as a member of the Legislative Assembly and
discharge my responsibilities according to law. So help me God! (or the
person may use a similar expression recognised by the person’s
religion)
Affirmation
I, A.B., solemnly and sincerely declare
and affirm that I will faithfully serve the people of the Australian Capital
Territory as a member of the Legislative Assembly and discharge my
responsibilities according to law.
Schedule 2 Oath and affirmation by witness
(see s 7)
Oath
I swear (or the person taking the oath may
promise) by Almighty God (or the person may name a god recognised by the
person’s religion) that the evidence I give will be the truth, the
whole truth, and nothing but the truth.
Affirmation
I solemnly and
sincerely declare and affirm that the evidence I give will be the truth, the
whole truth, and nothing but the truth.
Schedule 3 Oath and affirmation by interpreter
(see s 8)
Oath
I swear (or the person taking the oath may
promise) by Almighty God (or the person may name a god recognised by the
person’s religion) that I will well and truly interpret the evidence
that will be given and do all other matters and things that are required of me
in this case to the best of my ability.
Affirmation
I solemnly and
sincerely declare and affirm that I will well and truly interpret the evidence
that will be given and do all other matters and things that are required of me
in this case to the best of my ability.
Schedule 5 Oath and affirmation by deponent to affidavit
(see s 10)
Oath
I swear (or the person taking the oath may
promise) by Almighty God (or the person may name a god recognised by the
person’s religion) that the signature to this affidavit is my
signature and that every statement in the affidavit is
true.
Affirmation
I solemnly and sincerely declare and affirm that
the signature to this affidavit is my signature and that every statement in the
affidavit is true.
Part 15 Royal Commissions Act 1991
112 Appearance by audiovisual or audio
links
Section 34A (1)
omit
place other than participating State
substitute
another place
Part 16 Supreme Court Act 1933
113 Exercise of
jurisdiction
Section 8 (1) (a)
substitute
(a) when exercised by the associate judge under section 9; or
substitute
(2) The rules may provide for the jurisdiction of the court otherwise exercisable by a single judge to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.
substitute
9 Exercise of jurisdiction by associate judge
(1) The jurisdiction (including the inherent jurisdiction) of the court that is exercisable by a single judge may be exercised by the associate judge, other than for—
(a) a trial on indictment; or
(b) a matter before the Court of Appeal.
(2) However, the associate judge may exercise the jurisdiction of the court in presiding at a pre-trial hearing under the Evidence (Miscellaneous Provisions) Act 1991
, division 4.2.2B (Sexual offence proceedings—giving evidence at pre-trial hearing).
(3) For the exercise of jurisdiction given to the associate judge under this section, the Act has effect as if the court consisted of the judges and the associate judge.
(4) A person who is dissatisfied with an order of the associate judge made
in the exercise of jurisdiction given under this section may appeal as
prescribed under the rules to the Court of Appeal.
Part 17 Unit Titles (Management) Act 2011
116 Recovery of expenditure resulting
from member or unit occupier’s fault
Section 31 (4), new
definition of expense
insert
expense, includes a reasonable legal expense reasonably
incurred, including a legal expense relating to a proceeding in the
ACAT.
117 Payment for loss or
damage
Section 181 (5)
omit everything after
not more than
insert
$25 000.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 22 February 2018.
2 Notification
Notified under the
on 2018.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2018
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