1Interpretation (Repealed)

2Registrar may amend jury list

1. Section 12A(1) is to be read as if it contains, after paragraph (da),—

2. a person whose jury service has been deferred under clause 9(1) or 12, or clauses 15 to 18, of Schedule 2 but who has not yet been issued with a replacement summons under clause 19(4)(b) of that schedule; or

3Summoning of jurors

1. Section 13(3A) is to be read as if it contains, after paragraph (d),—

2. the person’s jury service has been deferred under clause 9(1) or 12, or clauses 15 to 18, of Schedule 2 and—
   1. the person is summoned under a replacement summons issued under clause 19(4)(b) of that schedule (in which case the person is liable to serve until the end of the week for which the person is summoned under the replacement summons); or
   2. the Registrar has served on the person a written notice under clause 19(5) of that schedule (in which case the person is no longer liable to serve as a juror as a result of the summons in relation to which the powers were exercised under clause 9(1) or 12, or clauses 15 to 18, of that schedule); or
3. the person has been excused from jury service under clause 10 or clauses 14 to 18 or clause 20 or 21 of Schedule 2.

4. Section 13(3A) is to be read as if it contains, after paragraph (f) as inserted by subclause (1),—

5. the person has been excused from jury service under clause 22 of Schedule 2.

4Head of bench may make protocol setting out additional requirements (Repealed)

5Exceptions to compliance with some requirements in protocol (Repealed)

6Judge may impose requirements on jurors for particular trial (Repealed)

7Inherent or implied powers not limited (Repealed)

8Registrar may ask person to provide information and evidence (Repealed)

9Registrar may defer person’s jury service if not confirmed that they meet COVID-19 jury requirements (Repealed)

10Registrar may excuse person from jury service if not confirmed that they meet COVID-19 jury requirements (Repealed)

11Certain persons not to serve as jurors on basis of COVID-19 jury requirements (Repealed)

12Registrar may defer person’s jury service on application on other specified COVID-19-related grounds (Repealed)

13Deferral of jury service under section 14B of Act (Repealed)

14Registrar may excuse person from jury service on application on other specified COVID-19-related grounds (Repealed)

15Registrar may refer matter under clause 9(1) or 10 to Judge (Repealed)

16Registrar may refer application under clause 12, 14, or 22 to Judge

1. If the Registrar is unsure whether to approve or decline a person’s application for a deferral under clause 12 or an excusal under clause 14 or 22, the Registrar may refer the matter to a Judge.

2. The Judge may approve or decline the application.

3. The Judge’s decision is final.

17Appeal against Registrar’s decision under clause 9 or 10 (Repealed)

18Appeal against Registrar’s decision to decline application under clause 12, 14, or 22

1. If the Registrar declines a person’s application under clause 12, 14, or 22, the person may, in accordance with the jury rules, appeal against the Registrar’s decision to the court before which the person is summoned to appear.

2. The court may—

3. confirm the decision; or
4. set aside the decision and order that—
   1. the person’s jury service be deferred under clause 12; or
   2. the person be excused from jury service under clause 14 or 22.

5. The court’s decision under subclause (2) is final.

6. The court may, in the alternative,—

7. treat the appeal as if it were an application under section 14B, 15, 15A, or 16; and
8. decide the matter under section 14C, 15, 15A, or 16 instead of under this clause.

19Further provisions relating to deferral under clause 9(1) or 12

1. This clause applies if a person’s jury service has been deferred under clause 9(1) or 12 or clauses 15 to 18.

2. The Registrar must—

3. promptly record in some way the deferral; and
4. promptly delete the person’s details from the panel that was—
   1. compiled under section 13(1); and
   2. the basis of the issue of the summons.

5. Subclause (4) applies to the person whose jury service was deferred if—

6. a later panel is compiled under section 13(1) because jury trials are to be held in the court; and
7. the later panel is compiled at a time that enables the person to be summoned for jury service at a time within the period specified for the person under clause 9(3)(b) or 12(3)(b) or after an appeal under clause 17(1)(b).

8. The Registrar must—

9. ensure that the person’s details are included, in accordance with the jury rules, in the later panel; and
10. promptly issue under section 13(1), on the basis of the later panel, a replacement summons that states a time within the specified period.

11. The Registrar must promptly serve on a person, in accordance with the jury rules, written notice that the person is no longer liable to serve as a juror as a result of the summons if—

12. the Registrar is satisfied that no jury trials are to be held in the court during the period specified for the person under clause 9(3)(b) or 12(3)(b) or after an appeal under clause 17(1)(b); and
13. the Registrar is satisfied that it is unnecessary to compile under section 13(1) a later panel at a time that would enable the person to be summoned to attend for jury service at a time within that period.

14. The deferral of jury service does not prevent, in respect of a replacement summons issued under subclause (4)(b),—

15. an excusal under clause 10, or clauses 15 to 18, or clause 20:
16. an application under section 15, 15A, or 16 or clause 14, 21, or 22.

20Judge may excuse person from jury service if not confirmed that they meet COVID-19 jury requirements (Repealed)

21Judge may excuse person from jury service on application on other specified COVID-19-related grounds (Repealed)

22Excusal from jury service after repeal of COVID-19 Public Health Response Act 2020

1. The Registrar may excuse a person summoned to attend as a juror on an occasion from attending on that occasion if—

2. the person’s jury service was deferred under clause 9(1) or 12, or clauses 15 to 18, before the repeal of the COVID-19 Public Health Response Act 2020; and
3. the person is later issued a replacement summons under clause 19(4)(b) after the repeal of the COVID-19 Public Health Response Act 2020; and
4. a written application is made to the Registrar by or on behalf of the person to be excused from jury service; and
5. the Registrar is satisfied that because of 1 or more matters specified in section 14B(3), attendance on the occasion would cause or result in undue hardship or serious inconvenience to that person, any other person, or the general public.

6. The Registrar may ask a person to provide evidence in support of an application if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.

7. The jury rules may prescribe the method by which the application is made.

8. Section 2(2) applies to an application under this clause.

9. This clause is in addition to section 15.

23Selection of jurors (Repealed)

24Verdict not affected by informalities

1. Section 33 is to be read as if it contains, after paragraph (c),—

2. any juror has been erroneously summoned otherwise than as required by a protocol made under clause 4 of Schedule 2:
3. of any error, omission, or informality in a deferral of jury service, an excusal from jury service, the selection or swearing in of a person as a juror, or the discharge of a person as a juror under the jury rules or Schedule 2 or a protocol made under that schedule.

25Application of schedule to summons issued before commencement date (Repealed)

26Matters that lapse on repeal

1. A referral that is made under clause 15 but not determined before clause 15 is repealed—

2. lapses at the same time as the repeal of clause 15; and
3. is considered to have been abandoned.

4. An appeal under clause 17(1)(a) or (c) that is brought but not determined on the repeal of that clause or is brought after the repeal of that clause—

5. lapses at the time of the repeal of clause 17(1)(a) or (c) or when the appeal is brought, whichever is later; and
6. is considered to have been abandoned.

7. If an appeal is considered to have been abandoned under subclause (2), the decision of the Registrar on which the appeal is based (whether the Registrar had deferred a person’s jury service or excused a person from jury service) ceases to have effect at the same time.