Australian Capital Territory Current Regulations

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JURIES REGULATION 2018 - SCHEDULE 1

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

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

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 engaged in full-time or part-time duties as a member of an emergency service (not including on a casual or volunteer basis)

standard

9

a person living in the Jervis Bay Territory

standard

10

a judge

2 years after the appointment as 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 an intensive therapy place under the Children and Young People Act 2008

, section 589

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 or part-time teaching of organised classes (not including on a casual or voluntary basis) 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




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