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). (4) The person to whom or for whose benefit compensation or provisional payments are payable are those persons to whom or for whose benefit compensation or provisional payments would be payable under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act** **2013** 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. S. 55(7) amended by No. 67/2013 s. 649(Sch. 9 item 20(2)). (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** or the **Workplace Injury Rehabilitation and Compensation Act** **2013** governing the corresponding matter in that Act. S. 55(8) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(3). (8) A person is not debarred from compensation or provisional payments 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** or the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 55(9) amended by No. 67/2013 s. 649(Sch. 9 item 20(2)). (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** or the **Workplace Injury Rehabilitation and Compensation Act 2013** are not exceeded. S. 55(10) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(4). (10) If compensation or provisional payments are paid under this Part, the payment has the same legal effects as follow from the payment of compensation under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**. (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— S. 55(11)(a) amended by Nos 9/2010 s. 138(a) (as amended by No. 80/2010 s. 159(n)), 67/2013 s. 649(Sch. 9 item 20(3)). (a) plan the worker's return to work under the **Workplace Injury Rehabilitation and Compensation Act 2013**; S. 55(11)(b) amended by No. 9/2010 s. 138(b). (b) approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work 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.