Jury Regulation 2007

1Short title

This regulation may be cited as the Jury Regulation 2007 .

2Commencement

This regulation commences on 2 September 2007.

3Definitions

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

4How persons aged 70 or more may elect to be eligible for jury service—Act, s 4(4)

A person who is 70 years or more may elect to be eligible for jury service only by giving to the sheriff of Queensland a signed written notice stating the following—

(a)the person’s full name, age and address;

(b)that the person elects to be eligible for jury service.

Editor’s note—

For a person who posts the notice, the sheriff’s address is—The sheriff of QueenslandPO Box 15167City East 4002

5Jury districts—Act, s 7

(1)Each area described in schedule 1 is established as a jury district with the name given to it in the schedule.

(2)For schedule 1—

(a)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

(b)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 Local Government Act 1993 as in force immediately before the changeover day.

(2A)The chief executive must keep a copy of each map or area map mentioned in schedule 1 at the department’s head office.

(2B)A copy of each map or area map mentioned in schedule 1 can be—

(a)accessed by members of the public, free of charge, on the department’s website on the internet; or

Editor’s note—

At the commencement of this subsection, the department’s website was <www.justice.qld.gov.au>.

(b)purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.

(3)A jury district is also established for each place—

(a)at which the District Court is constituted under the District Court of Queensland Act 1967 , section 6; and

(b)that is not in a jury district mentioned in schedule 1.

(4)A jury district established under subsection (3) consists of an area within a 20km radius of the courthouse at, and has the same name as, the place at which the District Court is held.

Example for subsection (4)—

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

(5)The boundaries for each jury district established under subsection (1) or (3) are the boundaries of the area or areas comprising the jury district.

(6)In this section—

area map means a map or group of maps showing the external boundaries of a local government area of a local government or former local government.

changeover day means 15 March 2008.

Note—

15 March 2008 is 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.

s 5 amd 2008 SL No. 50 s 26

6Persons to whom responsibility for sheriff’s functions assigned—Act, s 8(1)

Responsibility for carrying out the sheriff of Queensland’s functions under the Act in a jury district is assigned—

(a)for the Cairns jury district, to each of the following—

(i)the registrar of the District Court at Cairns;

(ii)a deputy sheriff; and

(b)for the Rockhampton jury district, to each of the following—

(i)the registrar of the District Court at Rockhampton;

(ii)a deputy sheriff; and

(c)for the Townsville jury district, to each of the following—

(i)the registrar of the District Court at Townsville;

(ii)a deputy sheriff; and

(d)for another jury district other than the Brisbane jury district, to each of the following—

(i)the registrar of the District Court at the courthouse at the centre of the jury district;

(ii)a deputy sheriff.

s 6 amd 2012 SL No. 148 s 6

7Persons to whom sheriff may delegate—Act, s 72

The persons to whom a sheriff may delegate the sheriff’s powers under the Act are—

(a)for the Brisbane jury district, to each of the following—

(i)the registrar of the District Court at Brisbane;

(ii)a deputy sheriff; and

(b)for the Cairns jury district, to each of the following—

(i)the registrar of the District Court at Cairns;

(ii)a deputy sheriff; and

(c)for the Rockhampton jury district, to each of the following—

(i)the registrar of the District Court at Rockhampton;

(ii)a deputy sheriff; and

(d)for the Townsville jury district, to each of the following—

(i)the registrar of the District Court at Townsville;

(ii)a deputy sheriff; and

(e)for another jury district, to each of the following—

(i)the registrar of the District Court at the courthouse at the centre of the jury district;

(ii)a deputy sheriff.

s 7 amd 2012 SL No. 148 s 7

8Juror’s remuneration and allowances—Act, s 63

The remuneration and allowances to which a person is entitled under section 63 of the Act are stated in schedule 2.

9Juror’s allowance after day 20—Act, s 63

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

(2)The person is entitled to the 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.

(3)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.

(4)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.

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

10Travelling allowance—Act, s 63

(1)A person summoned for jury service is entitled to be reimbursed the amount of public transport fares or, if a bus, train or ferry is not reasonably available or can not reasonably be used, taxi fares, the person properly spends in attending or returning from court.

(2)However, a person who can not reasonably travel by public transport or taxi and travels by private motor vehicle is entitled to an allowance at the rate of—

(a)for travel by motorbike—15 cents for each km; or

(b)for travel by another motor vehicle—40 cents for each km.

s 10 amd 2008 SL No. 12 s 3; 2010 SL No. 26 s 4; 2011 SL No. 115 s 3 sch; 2014 SL No. 128 s 3 sch

11Jury fees in civil cases—Act, s 65

(1)The fee payable under section 65 (1) (a) or (2) (a) of the Act is $802.50.

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

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

(b)the total amount payable under section 9.

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

(4)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.

s 11 amd 2008 SL No. 12 s 4; 2008 SL No. 435 s 3; 2010 SL No. 26 s 5; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 54; 2016 SL No. 85 s 56

12Transitional provision for Jury Regulation 2007

(1)If, before the expiry, a person had given a notice of election under the Jury Regulation 1997 , section 3, and the notice had effect immediately before the expiry, the notice continues to have effect as if were a notice given under section 4.

(2)If, immediately before the expiry, a jury district existed under the Jury Regulation 1997 , section 4 (2), the jury district is taken to be established under section 5 (3).

(3)If, immediately before the expiry, a person was entitled to remuneration or an allowance under the Jury Regulation 1997 , section 7, 9 or 10, the person continues to be entitled to the remuneration or allowance as if it were remuneration or an allowance to which the person is entitled under section 8, 9 or 10.

(4)If, immediately before the expiry, a fee was payable under the Jury Regulation 1997 , section 11, the fee continues to be payable by a person as if it were payable under section 11.

(5)This section does not limit the Acts Interpretation Act 1954 , section 20.

(6)In this section—

expiry means the expiry of the Jury Regulation 1997 .

s 12 amd 2012 SL No. 148 s 8

13Jury Regulation 1997 references

A reference in any document to the Jury Regulation 1997 may, if the context permits, be taken to be a reference to this regulation.

section 5

sch 1 amd 2008 SL No. 50 s 27

sections 8 and 9

sch 2 sub 2008 SL No. 12 s 5; 2008 SL No. 435 s 4; 2010 SL No. 26 s 6; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 55; 2016 SL No. 85 s 57

section 3

central sheriff ...

def central sheriff om 2012 SL No. 148 s 9(1)

deputy sheriff means a person appointed as a deputy sheriff under the Supreme Court of Queensland Act 1991 , section 73.

def deputy sheriff sub 2012 SL No. 148 s 9

far northern sheriff ...

def far northern sheriff om 2012 SL No. 148 s 9(1)

northern sheriff ...

def northern sheriff om 2012 SL No. 148 s 9(1)

registrar means a person appointed as a registrar under the District Court of Queensland Act 1967 , section 36.