55Compensation 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

S. 55(3)(c) amended by No. 6/2018 s. 68(Sch. 2 item 74.7).

(c) is sworn as a juror by taking an oath or making an affirmation; 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.

S. 55(3A) inserted by No. 5/2021 s. 49(1).

(3A) If a person who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.

S. 55(3B) inserted by No. 5/2021 s. 49(1).

(3B) Subsection (3A) does not apply—

(a) if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or

(b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined.

S. 55(4) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(2).