SCHEDULE IV - “Queensland Statute Reprints”

Orders in Council superseding this Schedule have in accordance with s. 21, been made from time to time. The scale of fees ,presently apphcable for jurors attending the Supreme COlurt in its criminal and civil jurisdiction are set out, re&pectivellY, in Orders in Coruncil publi~hed at pp. 33-34 and 35-36 of this pamphlet.

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THE JURY ACT AMENDMENT ACT OF 1934 25 Geo. 5, No. 37

An Act to Amend The Jury Act of 1929 in certain particulars [Assented to 20 December 1934]

1. Short title and construction. This Act may be cited as The Jury Act Amendment Act of 1934, and shall be read as one with The Jury Act of 1929 and Orders in Council thereunder, herein collectively referred to as the Principal Act.

Collective title. The Principal Act and this Act may collectively be cited as The Jury Acts, 1929 to 1934.

2. Commencement. Save as is hereinafter provided, this Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act.

Commenced 1 June 1935 (Prodamation published Gazette 9 March 1935).

3. New provision as to jury trials. Notwithstanding anything con- tained in the Principal Act, the following provisions shall be observed on and after the commencement of this Act:-

(1) No further trial, issue, inquiry, or other proceeding, whether civil or criminal, for which a jury may lawfully be required shall be had with a common jury or a special jury within the meaning of the Principal Act.

(2) Subject to section six hundred and twenty-eight of The Criminal Code relating to the discharge of a juror upon a criminal trial and the trial proceeding with the remaining jurors, all criminal trials shall be had with a jury of twelve qualified persons.

(3) In any civil action or other civil proceeding in which a trial or inquiry mayor shall be had with a jury, such jury shall consist of four qualified persons.

( 4) The term "qualified person" shall mean a person qualified to serve on all juries as provided in the Principal Act as amended by this Act.

4. Procedure for bringing Act into operation. For the purpose of bringing this Act into operation at the commenccment thereof, all provisions of the Principal Act as amended by this Act for the preparation and making of the necessary jury books or lists shall take effect from the passing of this Act; and moreover, after the passing of this Act, precepts for jurors for courts to be held on or after the commencement of this Act may issue and the names of the persons to serve on such juries be drawn, and such jurors summoned as provided in the Principal Act as amended by this Act.

Any necessary Rules of Court to give effect to the objects and purposes of this Act may be made on and after the passing of this Act, and section fifty-one of the Principal Act shall apply and extend for all purposes accordingly.

5. Amendments to Principal Act. Schedule. The amendments to the Principal Act by virtue of this Act are comprised in the Schedule hereto.

THE SCHEDULE [Amended Principal Act]

ORDER IN COUNCIL

At the Executive Building, Brisbane, the seventh day of November, 1974 Present:

The Deputy Governor, for and on behalf of His Excellency the Governor in Council

THE Deputy Gevernor, fer and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of subsection (2) of section 13 of the Jury Act 1929- 1972 and all other powers thereunto him enabling does hereby prescribe that subsection (2) of section 13 of the Jury Act 1929-1972 shall apply in relation to' the jury districts set forth in the First Column of the Schedule hereto and for the purpose of the compilation of the annual jury list for each such jury district, the Sheriff shall determine such number (being not less than the number specified in the Second Column of the Schedule opposite such jury districts) of the number referred to in subsection (2) of section (12) of the said Act in respect of the jury district in question that the Sheriff deems sufficient as the number of persons constituting the annual jury list for that jury district.

And the Honourable the Minister for Justice and Attorney-General is to give thenecessary directions herein accordingly.

KEITH SPANN, Clerk O'f the Council.

SCHEDULE Jury Districts Number

Bundaberg 3 000

Cairns 4000

Ipswich 1 500

Mackay 1500

Jury Districts Mount Isa Rockhampton Toowoomba Townsville

Number 4 000 4 000 2 000 5 000

Order in Council pubd. Gaz. 9 Nov. 1974, p. 925, as amended by Order in Council pubd. Gaz. 4 Sept. 1976, p. 42.

ORDER IN COUNCIL

At the Executive Building, Brisbane, the fifteenth day of May, 1975 Present:

His Excellency the Governor in CO'uncil

HIS Excellency the Governer, acting by and with the advice of the Executive Council and in pursuance of the provisions of subsection (2) of section 13 of the Jury Act 1929-1972 and all other powers thereuntO' him enabling does hereby prescribe that subsection (2) of section 13 of the Jury Act 1929-1972 shall apply in relation to the jury district of Maryborough and for the purpose of the compilation of the annual jury list for the jury district of Maryborough, the Sheriff shall determine such number (being not less than four thousand) of the number referred to in subsection (2) of section 12 of the said Act in respect of the said jury district that the Sheriff deems sufficient as the number of persons constituting the annual jury list for that jury district.

And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.

KEITH SPANN, Clerk of the Council.

Order in Council pubd. Gaz. 17 May 1975, p. 574.

SCALE OF FEES OF JURORS AT CRIMINAL TRIALS

ORDER IN COUNCIL

At the Executive Building, Brisbane, the twenty-fourth day of July, 1975 Present:

His Excellency the Governor in Council

WHEREAS by The Supreme Court Act of 1921 it is enacted that the Governor in Council, with the concurrence of any two or more of the Judges, may from time to time, by Order in Council published in the Gazette, make all such Rules of Court as may be deemed necessary or convenient for regulating the procedure and practice of the Supreme Court for the purpose of giving full effect to The Judicature Act and The Supreme Court Act of 1921 and any other Act conferring jurisdiction power or authority on the Court: Now, therefore, His Excellency the Governor, acting by and with the advice of the Executive Council and with the concurrence of the required number of Judges, doth hereby make the following Rule of Court.

And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.

KEITH SPANN, Clerk of the Council.

RULE OF COURT It is ordered as follows:-

Jury Act 1929-1976-ScheduIe IV

9. The Scale of Fees payable to jurors attending the Supreme Court or any Circuit Court in its Criminal Jurisdiction under Jury precepts as set out in Rule of Court dated 24th July, 1975, is hereby repealed, and the following Scale of Fees is inserted in lieu thereof:-

SCHEDULE IV Scale of Fees

There shall be paid to every juror, male or female, attending the Supreme Court or any Circuit Court in its Criminal Jurisdiction under jury precepts the following rates of remuneration:-

(a) For each day or part of a day on which a juror is empanelled and actually attends on a criminal trial:-

$17.50 plus parity:

Provided that where a juror shall be locked up on a Saturday, Sunday or Court holiday he shall be paid in respect of the Saturday, Sunday or Court holiday the prescribed daily allowance set out above.

(b) Where the jury shall have sat on the same trial for more than three days, each juror empanelled on the criminal trial shall be paid in respect of the fourth and every subsequent day as follows:-

Fourth to tenth days-$21.00 per day plus parity;

Eleventh to fifteenth days-$26.50 per day plus parity;

Sixteenth to thirtieth days-$30.00 per day plus parity;

After thirtieth day-$33.50 per day plus parity:

Provided that in the case where a juror empanelled on the criminal trial is locked up on a Saturday, Sunday or Court holiday then only for the purpose of computation of time under this paragraph such lastmentioned days shall be deemed to be days on which the jury shall have sat on the

same trial.

(c) A juror who attends the Court but who is not empanelled on a criminal trial shal1 be paid an allowance of $8.50 for each day's attendance. If he satisfies the Sheriff that he has been caused actual financial loss in excess of $8.50 per day by reason of his attendance, he shall be paid the amount of such loss not exceeding $17.50 per day plus parity in lieu of the said amount of $8.50.

(d) Thc juror shall be paid the sum actually and properly paid by him for fares both in going to and returning from the Court at which the juror is required to attend:

Provided that jurors who are unable to travel by public transport shall be entitled to receive a sum calculated at a rate of ten cents for every kilometre properly travelled.

( e) The parity payable in each case shall be the maximum parity for the district where the Court is held as fixed by the Awards of the State Industrial Commission.

(0 The Scale of Fees set out above shall take effect as from the first day of December, 1976.

Further substituted by Order in Council pubd. Ga:z. 20 Nov. 1976, p. 1255.

SCALE OF FEES OF JURORS IN CIVIL PROCEEDINGS

ORDER IN COUNCIL

At the Executive Building, Brisbane, the twenty-fourth day of July, 1975 Present:

His Excellency the Governor in Council

And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.

KEITH SPANN, Clerk of the Council.

ORDER IN COUNCIL

At the Executive Building, Brisbane, the eighteenth day of November, 1976

Present:

The Deputy Governor for and on behalf of His Excellency the Governor in Council

WHEREAS by The Supreme Court Act of 1921 it is enacted that the Governor in Council with the concurrence of any two or more of the Judges, may from time to time, by Order in Council published in the Gazette, make all such Rules of Court, as may be deemed necessary or convenient for regulating the procedure and practice of the Supreme Court for the purpose of giving full effect to "The Judicature Act" and The Supreme Court Act of 1921 and any other Act conferring jurisdiction power or authority on the Court: Now, therefore, The Deputy Governor for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and with the concurrence of the required number of Judges, doth hereby make the following Rule of Court.

And the Honourable the Acting Minister for Justice and Attomey- General is to give the necessary directions herein accordingly.

J. T. MAHER, Acting Clerk of the Council.

RULE OF COURT It is ordered as follows:-

Jury Act 1929-1976-Schedule IV

10. The Scale of Fees payable to jurors attending the Supreme Court or any Circuit Court in its Civil Jurisdiction under Jury precepts as set out in Rule of Court dated 24th July, 1975, as amended by Rule of Court dated 22nd July, 1976, is hereby repealed, and the following scale of Fees is inserted in lieu thereof:-

SCHEDULE IV

Scale of Fees

There shall be paid to every juror, male or female, attending the Supreme Court or any Circuit Court in its Civil Jurisdiction under jury precepts the following rates of remuneration:--

(a) For each day or part of a day on which a juror is empanelled and actually attends on the trial of a civil action or proceedings : -

$17.50 plus parity:

(b) Where the jury shall have sat on the same trial for more than three days, it shall be lawful for the presiding Judge to direct-

That on each of the fourth and succeeding days when the trial is in respect of any civil action or proceedings each juror shall be paid as follows:-

Fourth to tenth days-$21.00 per day plus parity;

Eleventh to fifteenth days-$26.50 per day plus parity;

Sixteenth to thirtieth days-$30.00 per day plus parity;

After thirtieth day-$33.50 per day plus parity:

Provided that in the case where a juror empanelled on a civil action or proceedings is locked up on a Saturday, Sunday or Court holiday then only for the purpose of computation of time under this paragraph such lastmentioned days shall be deemed to be days on which the jury shall have sat on the same trial.

(c) A juror who attends the Court but who is not empanelled for the trial of a civil action or proceedings shall be paid an allowance of $8.50 for each day's attendance. If he satisfies the Sheriff that he has been caused actual financial loss in excess of $8.50 per day by reason of his attendance, he shall be paid the amount of such loss not exceeding $17.50 per day plus parity in lieu of the said amount of $8.50.

(d) The juror shall be paid the sum actually or properly paid by him for fares both in going to and returning from the Court at which the juror is required to attend:

Provided that jurors who are unable to travel by public transport shall be entitled to receive a sum calculated at a rate of ten cents for every kilometre properly travelled.

( e) The parity payable in each case shall be the maximum parity for the district where the Court is held as fixed by the Awards of the State Industrial Commission.

(f) The Scale of Fees set out above shall take effect as from the first day of December, 1976.

Fmther &uibstitmted by Order in Coundl pubd. Gaz. 20 Nov. 1976, p. 1255.

ORDER IN COUNCIL

At the Executive Building, Brisbane, the twenty-second day of July, 1976

Present:

His Excellency the Governor in Council

HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Jury Act 1929-1976 and all other powers him thereunto enabling and with the concurrence of a majority of the judges of the Supreme Court, hereby makes on and from the 30th August, 1976 the following Rules of Court.

And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.

KEITH SPANN, Clerk of the Council.

RULES OF COURT It is ordered as follows:-

1. In every civil trial in which a jury is required by a party or the Court that party (or where the Court requires a jury, the plaintiff) shall pay to the registrar of the Court in which the trial is pending the sum of $138 before the trial is commenced or proceeded with and on the second and every subsequent day of the trial that party shall pay to the said registrar at or before the opening of the court on each such day the amount required to pay the fees for the jurors for that day.

2. The Rule of Court dated 24th April, 1968 prescribing the notice to be given pursuant to section 24 of The Jury Acts, 1929 to 1967, to each person whose name appears on a prospective jurors' list is revoked and the following form may be used for the purposes of sections 24 (3) (c) and 24A (7) (b) of the Jury Act 1929-1976:-

Dear Sir/Madam,

[Folfm NO', 1]

Jury Act 1929-1976 (Sections 24, 24A) NOTICE TO PROSPECTIVE JUROR

(P[ace) (Date) Jury Panels are now being compiled and you may be required as a juror to attend the sittings of the undermentioncd Court commencing on the date shown and from day to day runtil you are discharged by nhe Court.

Court:

Place:

Date:

The punposc of the within questionnaire is to enable me, to ascefltain whether you are qualified and lialble to serve 'as ra juror.

You are required by law to' complete the questionnaire truthfully and to return it to me so that ,it shall be in my hands no later tlhan .

Yours faithifuHy,

Sheriff.

39 Questionnaire

If you answer "yes" to any

m

the foUowing questions (eJCcept Question 7, to which no reason need be igiven), you are asked to st<lJte your reasons:-

1. Full name (BLocK CAPITALS) :

2. Home address:

Business address:

Telephone numbers:

(Private: )

(Business

3. Occupation: . Sex:

4. Are you i<lJged 65 or over?-*YES/NO.

I was horn at on

5. Are you disqualified from jury service?-*YES/NO.

Reason:

6. Are you exempted from jury service?-*YES/NO.

Reason: lam employed by as

7. If a female, do you apply for exemption .from jury service?-*YESINO.

'I desire exemption fort

8. Do you apply for excusal from jury service?*-YES/NO.

Reason:

Idec1are 1Jhat to the best of my knowledge and belief the an~wers given aborve are true.

Date: Usual Signature:

* Delete as appropriate.

t If applicable, insert the period for which exemption is sought.

3. The Scale of Fees payable to jurors attending the Supreme Court or any Circuit Court in its Civil Jurisdiction under jury precepts as set out in Rule of Court dated 24th July, 1975 is hereby amended by omitting from paragraph (b) the following words:-

", and that each party shaH pay to the Sheriff daily towards the further sum of money to be allowed to each juror being a sum equal to the difference between the amount prescribed by paragraph (a) and the amount set out herein, such portion of such further sum as may be directed by the Judge, the same to be allowed eventually as costs in the cause",

&ule Oil' Court substituted hy Order in Council pubd. Gaz. 24 July 1976, pp. 1700-1; as amended by Order in Counc.i,l 'Purbd. Gaz. 20 Nov. 1976, p. 1254.

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