Victorian Consolidated Legislation

Juries Act 2000 - SECT 55

Compensation for injury during jury service

55. Compensation for injury during jury service



(1) If a person suffers personal injury arising out of or in the course of
jury service, compensation is to be paid in accordance with this Part.

(2) An injury is deemed to arise out of or in the course of a person's jury
service if the injury occurs while the person-

   (a)  is in attendance at a pool of jurors or at a court or place, in
        response to a summons or other lawful direction; or

   (b)  having been present at a pool of jurors, court or place on a day, is
        temporarily absent on that day from the pool, court or place during an
        adjournment of the court or with the express permission of the court
        or the Juries Commissioner and, during the absence, does not
        voluntarily subject himself or herself to any abnormal risk of injury;
        or

   (c)  is travelling between his or her place of residence, business or
        employment and the pool, court or place where the person is required
        to attend for jury service, but not during or after a break in the
        person's journey which the Authority, the County Court or the
        Magistrates' Court considers would ordinarily have materially added to
        the risk of injury.



(3) For the purposes of this section, service as a juror includes attendance
at a pool of jurors or at a court or place in response to a summons to attend
for jury service, whether or not the person so attending-

   (a)  is qualified and liable for jury service; or

   (b)  is excused by the court or Juries Commissioner from further
        attendance; or

   (c)  is sworn as a juror; or

   (d)  is empanelled on a jury-

but does not include attendance by a person who has knowingly made an untrue
or misleading statement in a questionnaire in respect of which the person has
been recorded as liable for jury service.

(4) The person to whom or for whose benefit compensation is payable are those
persons to whom or for whose benefit compensation would be payable under the
Accident Compensation Act 1985 if-

   (a)  the person attending for jury service were a worker within the meaning
        of that Act; and

   (b)  the personal injury were caused in the person's employment arising out
        of or in the course of the employment.

(5) A claim for compensation under this section must be made to the Authority
in accordance with this Part.

(6) All matters relating to compensation must be determined in accordance with
this Part by the Authority, the County Court or the Magistrates' Court, as the
case requires.



(7) In making a determination in relation to any matter referred to in
subsection (4), the Authority, the County Court or the Magistrates' Court
must, as far as practicable, be guided by reference to the applicable
provisions of the Accident Compensation Act 1985 governing the corresponding
matter in that Act.

(8) A person is not debarred from compensation in respect of personal injury
caused to a person attending for jury service by reason only that the person
attending for jury service was not, at the relevant time, a worker within the
meaning of Accident Compensation Act 1985.

(9) For the purpose of assessing compensation, the average weekly earnings of
a person attending for jury service is to be computed by the Authority, the
County Court or the Magistrates' Court-

   (a)  by reference to his or her employment by any employer or employers
        during the relevant period before the accident; or

   (b)  if he or she was not then working under a contract of service, on any
        basis that, in the opinion of the Authority, the County Court or the
        Magistrates' Court, is best calculated to give the appropriate
        compensation for his or her loss of earning capacity-

but so that any relevant maximum limits imposed by the
Accident Compensation Act 1985 are not exceeded.

(10) If compensation is paid under this Part, the payment has the same legal
effects as follow from the payment of compensation under the
Accident Compensation Act 1985.





(11) For the purposes of enabling the return to work of a person who suffers a
personal injury while attending for jury service, the Authority may-

   (a)  prepare a return to work plan under the
        Accident Compensation Act 1985;

   (b)  approve a provider of occupational rehabilitation services for the
        purposes of a return to work plan prepared under paragraph (a);

   (c)  provide alternative assistance or programs to the worker or in respect
        of the employment of the worker.

(12) Any costs and expenses incurred as a result of subsection (11) are to be
paid by the Authority under section 59(2) as if the costs and expenses were a
payment of compensation and section 59(3) applies accordingly.