Part 3Application, saving and transitional provisions

Part 1—Preliminary

1 Name

This instrument is the Jury Exemption Regulations 2019.

3 Authority

This instrument is made under the Jury Exemption Act 1965.

5 Definitions

Note: The expression Commonwealth employee is used in this instrument and is defined in the Act.

In this instrument:

Act means the Jury Exemption Act 1965.

Part 2—Exemption of certain Commonwealth employees from jury service

6 Certain Commonwealth employees exempt from service as jurors in courts

A Commonwealth employee covered by section 7, 8, 9 or 10 is exempt from liability to serve as a juror in: (a) federal courts; and (b) courts of the States (whether exercising jurisdiction in the State concerned or outside it); and (c) courts of the following Territories (whether exercising jurisdiction in the Territory concerned or outside it): (i) the Australian Capital Territory; (ii) the Northern Territory; (iii) Norfolk Island; (iv) the Territory of Christmas Island.

7 Senior Commonwealth employees

This section covers a Commonwealth employee: (a) who is an Agency Head (as defined in the Public Service Act 1999); or (b) who is an SES employee, or an acting SES employee, with a classification of Senior Executive Band 3 or an APS employee who holds, or is acting in, an equivalent position; or (c) who holds an office, or performs the duties of a position, that is comparable to that of an Agency Head, or an SES employee with a classification of Senior Executive Band 3.

Note: For acting SES employee and SES employee, see section 2B of the Acts Interpretation Act 1901.

8 Commonwealth employees involved in the administration of justice

This section covers a Commonwealth employee who is any of the following: (a) an officer of, or APS employee in, any of the following, whose duties involve the provision of legal services: (i) a Department; (ii) the Office of Parliamentary Counsel; (iii) the Office of the Director of Public Prosecutions; (b) an officer or employee of the High Court; (c) a person who is either: (i) an officer of a federal court other than the High Court; or (ii) an APS employee whose services are made available for the purposes of the administrative affairs of a federal court other than the High Court; whose duties relate directly and substantially to the administration of justice; (d) an APS employee in the National Measurement Institute whose duties involve providing analytical or calibration services or advice; (e) a person employed under section 24 of the Australian Federal Police Act 1979; (f) a person who is any of the following: (i) the Chief Executive Officer of the ACC; (ii) an examiner appointed under the Australian Crime Commission Act 2002; (iii) a member of the staff of the ACC referred to in subsection 47(1) of the Australian Crime Commission Act 2002; (g) a member, the Principal Registrar or a staff member of the Administrative Review Tribunal, within the meaning of the Administrative Review Tribunal Act 2024. (h) a member of the National Native Title Tribunal, the Native Title Registrar, a Deputy Registrar of that Tribunal or a member of the staff assisting that Tribunal; (i) a staff member (as defined in the Australian Securities and Investments Commission Act 2001) whose duties involve the provision of legal services or investigating matters.