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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Juries (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Appeal against decision of Juries Commissioner 2
4. Jury districts 3
5. Preparation of jury rolls 3
6. Calling of panel 4
7. Failure to reach unanimous verdict in civil trials 4
8. Remission of fines for failing to attend for jury service or as
a juror 4
9. Persons disqualified from serving as jurors 5
10. Persons ineligible to serve as jurors 5
11. Saving provisions--persons disqualified or ineligible to serve
as jurors 6
ENDNOTES 7
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 May 2002
A BILL
to amend the Juries Act 2000 and for other purposes.
Juries (Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Juries
Act 2000--
(a) to lengthen the period of time within which
5 appeals may be made against certain
decisions of the Juries Commissioner;
(b) to give the court discretion as to whether or
not to call out the names of a panel;
(c) to provide for areas of the State to be
10 assigned as jury districts;
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Juries (Amendment) Act 2002
s. 2
Act No.
(d) to provide for majority verdicts in civil trials
with reduced juries of 5 jurors;
(e) to enable the court to remit a fine imposed on
a person who has a reasonable excuse for
5 failing to attend for jury service or failing to
attend as a juror;
(f) to clarify provisions relating to persons
disqualified or ineligible to serve as jurors.
2. Commencement
10 (1) This section and section 1 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Section 5(2) comes into operation on--
(a) the day after the day on which this Act
15 receives the Royal Assent; or
(b) the day on which the Electoral Act 2002
comes into operation--
whichever is the later day.
(3) Subject to sub-section (4), the remaining
20 provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision of this Act referred to in sub-section
(3) does not come into operation before
1 November 2002, it comes into operation on that
25 day.
3. Appeal against decision of Juries Commissioner
See:
In section 10 of the Juries Act 2000, for sub- Act No.
section (1) substitute-- 53/2000
and
"(1) A person aggrieved by a decision of the amending
Act Nos
30 Juries Commissioner under section 7, 8 or 9 78/2000 and
may appeal against the decision at any time 61/2001.
LawToday:
before the person becomes a member of a www.dms.
panel.". dpc.vic.
gov.au
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Juries (Amendment) Act 2002
s. 4
Act No.
4. Jury districts
In section 18 of the Juries Act 2000--
(a) in sub-section (2), for "comprising the
electoral districts for the Legislative
5 Assembly" substitute "of the State";
(b) in sub-section (3), for "electoral districts for
the Legislative Assembly" substitute "an
area of the State".
5. Preparation of jury rolls
10 (1) In section 19 of the Juries Act 2000, for sub-
section (2) substitute--
"(2) On receipt of a notification under sub-section
(1), the Electoral Commissioner must, as
soon as practicable, select from the electoral
15 rolls referred to in section 58 of The
Constitution Act Amendment Act 1958 the
number of persons required for the jury
service period who--
(a) are enrolled in respect of an address in
20 that jury district; and
(b) are apparently qualified and liable for
jury service.".
(2) In section 19(2) of the Juries Act 2000, as
proposed to be substituted by sub-section (1) of
25 this section--
(a) for "Electoral Commissioner" substitute
"Victorian Electoral Commission";
(b) for "electoral rolls referred to in section 58 of
The Constitution Act Amendment Act
30 1958" substitute "register of electors
established and maintained under section 21
of the Electoral Act 2002".
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Juries (Amendment) Act 2002
s. 6
Act No.
6. Calling of panel
In section 31(1) of the Juries Act 2000, for
"must" substitute "may, if so directed by the
court".
5 7. Failure to reach unanimous verdict in civil trials
In section 47 of the Juries Act 2000, for sub-
sections (1) and (2) substitute--
'(1) In this section, "majority verdict" means--
(a) if, at the time of returning its verdict,
10 the jury consists of 6 jurors--a verdict
on which 5 of them agree;
(b) if, at the time of returning its verdict,
the jury consists of 5 jurors--a verdict
on which 4 of them agree.
15 (2) If the jury in a civil trial has not reached a
unanimous verdict after at least 3 hours
deliberation, the court may, subject to
sub-section (3), take a majority verdict as the
verdict of the jury.
20 (2A) If, after deliberating for at least 6 hours, the
jury in a civil trial is unable to agree on a
majority verdict, the judge may discharge the
jury.'.
8. Remission of fines for failing to attend for jury service
25 or as a juror
(1) In section 81 of the Juries Act 2000, after sub-
section (2) insert--
"(2A) The court may remit a fine imposed on a
person under sub-section (1)(a) or (b) if the
30 person satisfies the court within 21 days after
the imposition of the fine that he or she has a
reasonable excuse for failing to attend for
jury service.".
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Juries (Amendment) Act 2002
s. 9
Act No.
(2) In section 81 of the Juries Act 2000, after sub-
section (3) insert--
"(4) The court may remit a fine imposed on a
person under sub-section (3) if the person
5 satisfies the court within 21 days after the
imposition of the fine that he or she has a
reasonable excuse for failing to attend as a
juror.".
9. Persons disqualified from serving as jurors
10 (1) In clause 2 of Schedule 1 to the Juries Act
2000--
(a) for paragraph (a) substitute--
"(a) sentenced to imprisonment for a term or
terms in the aggregate of 3 months or
15 more (excluding a suspended sentence
of imprisonment); or";
(b) in paragraph (b), before "detained" insert
"ordered to be".
(2) In clause 3 of Schedule 1 to the Juries Act
20 2000--
(a) in paragraph (a), for "imprisoned" substitute
"sentenced to imprisonment";
(b) in paragraph (b), before "detained" insert
"ordered to be".
25 10. Persons ineligible to serve as jurors
In clause 1 of Schedule 2 to the Juries Act 2000,
for paragraph (f) substitute--
"(f) a person employed or engaged (whether on a paid or
voluntary basis) in the public sector within the
30 meaning of the Public Sector Management and
Employment Act 1998 in law enforcement, criminal
investigation, the provision of legal services in
criminal cases, the administration of justice or penal
administration;".
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Juries (Amendment) Act 2002
s. 11
Act No.
11. Saving provisions--persons disqualified or ineligible
to serve as jurors
In Schedule 6 to the Juries Act 2000, after
clause 11 insert--
5 "12. Persons disqualified from serving as jurors
The amendments to Schedule 1 made by section 9 of
the Juries (Amendment) Act 2002 applies only to
juries empanelled on or after the commencement of
section 9 of that Act.
10 13. Persons ineligible to serve as jurors
The amendments to Schedule 2 made by section 10 of
the Juries (Amendment) Act 2002 applies only to
juries empanelled on or after the commencement of
section 10 of that Act.".
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Juries (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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