Commonwealth Consolidated Regulations

AUSTRALIAN MILITARY COURT RULES 2007 - REG 33K

         (1)   The Registrar may excuse a person from serving on a military jury or from acting as a reserve military juror:

                (a)    upon consideration of an application from that person; or

               (b)    at the Registrar's discretion.

         (2)   In deciding whether to excuse a person from serving on a military jury or from acting as a reserve military juror, the Registrar must have regard to the following:

                (a)    whether, at the anticipated commencement of the military trial, the person is likely to have separated from the service or to have ceased continuous full‑time service;

               (b)    whether the military jury service would result in substantial financial hardship to the person;

                (c)    whether the military jury service would result in substantial hardship to the person or a member of the person's family;

               (d)    the person's state of health;

                (e)    whether the military jury service would:

                          (i)    materially affect the operational effectiveness of the person's unit, ship or base; or

                         (ii)    materially affect the operational deployment or proposed operational deployment of the person; or

                         (iii)    materially affect a substantial training commitment of the person; or

                        (iv)    affect the ability of the person to take recreational or other leave that has already been approved;

                (f)    whether the person has served as a member of another military jury in the 12‑month period prior to the anticipated commencement of the military trial;

                (g)    any other matters stated in a practice note issued for the purposes of this rule.