Jury Regulation 2017

This regulation may be cited as the Jury Regulation 2017.

This regulation, other than part 7, commences on 2 September 2017.

Part 7 commences on 1 October 2017.

The dictionary in schedule 3 defines particular words used in this regulation.

For section 4(4) of the Act, the prescribed way a person who is 70 years or more may elect to be eligible for jury service is to give a signed written notice to the sheriff of Queensland stating—

the person’s full name, age and address; and

that the person elects to be eligible for jury service.

The written notice may be given—

by post; orNote—

On the commencement, the sheriff’s address is—

The sheriff of Queensland

PO Box 15167

City East Qld 4002

by giving the notice by email or other electronic means.

Note—

On the commencement, the notice may be sent by email to Jury.Brisbane@justice.qld.gov.au.

For section 7(1) of the Act, the following areas are established as jury districts—

each area described in schedule 1, column 2;

each area within a 20km radius of the courthouse at a place at which the District Court is constituted and held under the District Court of Queensland Act 1967, section 6, if that area is not in a jury district mentioned in schedule 1.

Each jury district described in schedule 1, column 2 is assigned the name set out opposite it in schedule 1, column 1.

Each jury district established under subsection (1)(b) has the same name as the place at which the District Court is held.Example for subsection (3)—

If the District Court is held at Toowoomba, the name of the jury district is the Toowoomba jury district.

For schedule 1—

a reference to a District Court district by name is a reference to the district of the District Court of that name under the District Court of Queensland Act 1967; and

a reference to a city or shire by name is a reference to the city or shire of that name declared as a local government area under the repealed Local Government Act 1993 as in force immediately before 15 March 2008.

Note—

15 March 2008 was the changeover day declared under the Local Government Act 1993, section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1680.

For section 7(2) of the Act, the boundaries for each jury district established under subsection (1) are the boundaries of the area or areas comprising the jury district.

The chief executive must keep a copy of each map or area map mentioned in schedule 1 at the sheriff’s office.

A copy of each map or area map mentioned in schedule 1 may be accessed by members of the public, free of charge, at the sheriff’s office.

Note—

On the commencement, a map or area map may be inspected at the Supreme and District Court (Brisbane) Registry at the Queen Elizabeth II Courts of Law at 415 George Street, Brisbane.

For section 8(1) of the Act, the following officers or persons are prescribed for the following jury districts—

for the Cairns jury district—

the registrar of the District Court at Cairns;

the registrar of the Supreme Court at Cairns;

for the Rockhampton jury district—

the registrar of the District Court at Rockhampton;

the registrar of the Supreme Court at Rockhampton;

for the Townsville jury district—

the registrar of the District Court at Townsville;

the registrar of the Supreme Court at Townsville;

for another jury district other than the Brisbane jury district—

the registrar of the District Court at the courthouse at the centre of the jury district;

if there is a Supreme Court at the courthouse at the centre of the jury district—the registrar of the Supreme Court at the courthouse;

if there is no registrar of the Supreme Court at the courthouse at the centre of the district—the registrar of the Magistrates Court at the courthouse at the centre of the jury district.

For section 72(2) of the Act, the following persons are prescribed for the following jury districts—

for the Brisbane jury district—

the registrar of the District Court at Brisbane;

the registrar of the Supreme Court at Brisbane;

for the Cairns jury district—

the registrar of the District Court at Cairns;

the registrar of the Supreme Court at Cairns;

for the Rockhampton jury district—

the registrar of the District Court at Rockhampton;

the registrar of the Supreme Court at Rockhampton;

for the Townsville jury district—

the registrar of the District Court at Townsville;

the registrar of the Supreme Court at Townsville;

for another jury district—

the registrar of the District Court at the courthouse at the centre of the jury district;

if there is a Supreme Court at the courthouse at the centre of the jury district—the registrar of the Supreme Court at the courthouse;

if there is no registrar of the Supreme Court at the courthouse at the centre of the district—the registrar of the Magistrates Court at the courthouse at the centre of the jury district.

For section 63 of the Act, a person is entitled to—

the remuneration and allowances stated in schedule 2; and

a travel allowance under section 11.

This section applies to a person who has attended court as a juror or reserve juror for a single trial for 20 weekdays.

The person is entitled to a daily allowance in schedule 2, item 4 for each weekday, after the 20th weekday of the person’s attendance, on which the trial is adjourned for the full day or the person is not required to attend court.

However, the allowance for a day must be reduced by the amount of the juror’s or reserve juror’s earnings for the day as decided by a sheriff.

The sheriff may ask a juror or reserve juror to give the sheriff details of the amount of the person’s lost earnings for the day.

If the person does not give the details for a day, the person is not entitled to the allowance for the day.

A person summoned for jury service, jurors and reserve jurors are entitled to one of the following for attending or returning from court—

if public transport is reasonably available and can reasonably be used—reimbursement for the cost of public transport fares;

if the person travels by a booked hire vehicle or taxi because public transport is not reasonably available or can not reasonably be used—reimbursement of the fares the person properly spends in attending or returning from court;

if the person travels by private motor vehicle because the person can not reasonably travel by public transport, a booked hire vehicle or taxi—an allowance at the rate of—

for travel by motorbike—15 cents for each kilometre; or

for travel by another motor vehicle—40 cents for each kilometre.

In this section—

booked hire vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

light rail vehicle means a light rail vehicle under the Transport Infrastructure Act 1994, schedule 6.

public transport means a bus, ferry, light rail vehicle or a train.

The fee payable under section 65(1)(a) or (2)(a) of the Act is 873.10 fee units.

The fee payable under section 65(1)(b) or (2)(b) of the Act is comprised of both of the following—

the total amount of remuneration payable to jurors and reserve jurors for the day;

the total amount payable under sections 10 and 11.

The fee payable under subsection (2)(a) is payable before the start of each day of the trial.

The fee payable under subsection (2)(b) is payable within 7 days after a sheriff gives the person required to pay the fee written notice of the amount payable.

Subsection (6) applies for working out the amount of a fee under subsection (1).

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or

if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards).

Example for paragraph (a)—

Subsection (1) prescribes a fee of 873.10 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 873.10 would be $1,309.65. Because $1,309.65 is halfway between $1,309.60 and $1,309.70, it is rounded upwards, so the amount of the fee for subsection (1) would be $1,309.70.