Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Courts Legislation Amendment (Juries
and Other Matters) Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill, which are to amend--
· the Constitution Act 1975 with respect to the
recognition for pension purposes of certain prior service
of persons appointed as judges of the Supreme Court;
· the Juries Act 2000 in relation to the powers of the
Juries Commissioner, the remuneration and allowances
for jury service and investigations by jurors; and
· the Magistrates' Court Act 1989 in relation to persons
who may witness statements to be tendered in committal
proceedings.
Clause 2 provides varied commencement dates for the Act.
Subclause (1) provides that the Act (except section 5 and Part 4)
comes into operation on the day after the day on which the Act
receives Royal Assent.
Subclause (2) provides that subject to subsection (4), section 5
comes into operation on a day to be proclaimed.
Subclause (3) provides that subject to subsection (4), Part 4
comes into operation on a day to be proclaimed.
Subclause (4) provides that if section 5 and Part 4 have not come
into operation before 1 January 2009, they come into operation
on that day.
561175 1 BILL LA INTRODUCTION 27/5/2008
PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975
Clause 3 amends section 83(1)(a)(iii) of the Constitution Act 1975 to
preserve the entitlement to a pension at age 60 and after 10 years
service, for County Court judges appointed to the Supreme
Court after the commencement of section 18 of the Judicial
Remuneration Tribunal Act 1995 who before that
commencement had service as a County Court judge.
This amendment rectifies an oversight by ensuring that judges of
the County Court will not be disadvantaged if appointed to the
Supreme Court of Victoria.
PART 3--AMENDMENT OF THE JURIES ACT 2000
Clause 4 Subclause (1) inserts the heading "Jury pools" to section 29 of the
Juries Act 2000.
Subclause (2) inserts new subsections (4B), (4C) and (4D) into
section 29 of the Juries Act 2000. New subsection (4B) places
beyond doubt the power of the Juries Commissioner to exclude
a person from a pool from which a panel will be chosen if the
Juries Commissioner is satisfied that the person is unavailable
to sit on a trial due to the likely length of the trial.
The amendment will also streamline the process for jury selection
by ensuring that prospective jurors are directed to empanelments
appropriate to their ability to serve for the duration of a lengthy
trial.
New subsection (4C) provides that for a person to be excluded
under subsection (4B) the Juries Commissioner must be satisfied
by evidence on oath, whether by affidavit or oral evidence, by
statutory declaration or by any other means. This provision
ensures that the Juries Commissioner is satisfied by sworn
evidence of the reason for unavailability. This subsection
maintains consistency with section 8(4) of the Juries Act 2000.
New subsection (4D) allows a person excluded under subsection
(4B) to be allocated to another pool. If a prospective juror
is unavailable for a lengthy trial and the reason for their
unavailability falls within section 8 of the Juries Act 2000,
the Juries Commissioner has the power to excuse the person
from jury service, rather than reallocate the person to another
pool.
2
Subclause (3) amends section 29(5) to clarify that a pool is
constituted of persons who have been called to a pool and have
not been excluded under subsection (4B).
Clause 5 amends section 51 of the Juries Act 2000 to replace the
requirement for regulations prescribing the rate of remuneration
and allowances to be paid for jury service. Instead, the Minister
must fix the rate by notice published in the Government Gazette.
Subclause (1) amends section 51(1) of the Juries Act 2000 to
substitute the expression "rate of remuneration and allowances
fixed for the time being under subsection (4)" for "prescribed rate
of remuneration and allowances".
Subclause (2) amends section 51(3) of the Juries Act 2000 to
substitute "rate fixed for the time being under subsection (4)" for
"prescribed rate".
Subclause (3) inserts new subsections (4) to (7) into section 51 of
the Juries Act 2000. New subsection (4) requires the Minister,
by notice published in the Government Gazette, to fix the rate of
remuneration and allowances to be paid to persons attending for
jury service. New subsections 51(5) to (7) provide for the scope
of the notice, the day on which the notice becomes effective and
enables the notice to be amended or revoked.
Clause 6 amends the Juries Act 2000 to permit the Juries Commissioner
to receive from past or present jurors issues or complaints
concerning the deliberations of a jury or the disclosure of
information about those deliberations. If the complaint is made
after a trial, the Juries Commissioner must refer it to Victoria
Police for investigation.
Subclause (1)(a) amends section 65(3) of the Juries Act 2000 to
include the Juries Commissioner as a person to whom a past or
present juror may produce a document or divulge information
that enables the identification of persons on a jury roll, list, pool,
panel or jury.
Subclause (1)(b) amends section 65(3)(e) of the Juries Act 2000
to include a reference to the Juries Commissioner as a person
who may request a police investigation of an offence.
Subclause (2) similarly amends section 78(3)(a)(i) of the Juries
Act 2000 to include the Juries Commissioner as a person to
whom a past or present juror may disclose information about the
deliberations of a jury.
3
Subclause (3) amends section 78(3)(b) of the Juries Act 2000 to
include a reference to the Juries Commissioner as a person who
may request a police investigation of a complaint about the
deliberations of a jury or the disclosure of information about
those deliberations.
Subclause (4) amends section 78(4) of the Juries Act 2000
to enable the Juries Commissioner to request the Chief
Commissioner of Police to investigate a complaint by a past or
present juror about the deliberations of a jury or the disclosure of
information about those deliberations.
Subclause (5) inserts a new subsection (4A) in section 78 of the
Juries Act 2000. New subsection (4A) provides that if a
complaint is made to the Juries Commissioner during the course
of a trial, the Juries Commissioner must refer it to the trial judge.
Clause 7 inserts new sections 78A, 78B and 78C in the Juries Act 2000 to
prohibit investigations by panel members and jurors.
New section 78A(1) provides that a panel member or juror for
any criminal or civil trial must not make an enquiry for the
purpose of obtaining information about a party, or any matter
relevant to the trial, except in the proper exercise of his or her
functions as a juror. The provision includes a penalty of
120 penalty units for a breach.
New section 78A(2) provides that the section applies from the
time a person is selected or allocated as part of a panel for a trial
until (a) the person is excused from jury service on the trial, or
(b) the person returns to the jury pool, or (c) if the person is
empanelled as a juror, the juror, or the jury of which the juror is a
member, is discharged by the judge.
New section 78A(3) provides that a juror is not prevented from
making an enquiry of the court or another member of the jury as
long as it is within the proper exercise of his or her functions as
a juror. It also provides that a juror is not prevented from making
an enquiry authorised by the trial judge.
New section 78A(4) provides that anything done by a juror which
is in breach of a direction to the jury, by the judge presiding over
the trial, is not a proper exercise by the juror of his or her role as
a juror.
New section 78A(5) provides that the making of an enquiry
includes consulting with any person, conducting any research,
viewing or inspecting any place or object which has any
relevance to the trial, conducting an experiment and requesting
any other person to make an enquiry.
4
New section 78B enables a judge to examine on oath a person
who is on a panel for a trial or a juror in a trial to determine
whether the person has engaged in conduct that may contravene
section 78A(1).
New section 78C provides that a person is not excused from
complying with a requirement to give evidence under
section 78B on the ground of self-incrimination in relation to
an offence against section 78A. It also provides that any
evidence given by the person is not admissible in evidence
against the juror in criminal proceedings in relation to an offence
against section 78A.
PART 4--AMENDMENT OF THE MAGISTRATES' COURT
ACT 1989
Clause 8 amends section 16(1A)(1) of the Magistrates' Court Act 1989
by inserting new paragraph (la). The new paragraph provides for
prescribing persons or classes of persons for the purposes of
clause 8(1)(b) of Schedule 5. This will enable rules of court to be
made prescribing persons or classes of persons who may witness
the signing of statements to be tendered by informants at
committal proceedings. This information is currently contained
in Schedule 5 to the Magistrates' Court Act 1989.
Clause 9 amends clause 8(1)(b) of Schedule 5 to the Magistrates' Court
Act 1989 by substituting paragraph (b). New paragraph (b)
provides that statements to be tendered by informants at
committal proceedings must be signed in the presence of a
person, or a person belonging to a class of persons, prescribed by
the Rules.
PART 5--GENERAL
Clause 10 provides for the automatic repeal of this amending Act on
1 January 2010.
The repeal of this Act does not affect in any way the operation
of the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
5