Attachment 1: Disqualification for professional reasons

Information Sheet 1: Eligibility for jury service and disqualification from jury service 

Section 23DJ of the Federal Court of Australia Act 1976

Under paragraphs 23DJ(1)(a) to (e) of the Federal Court of Australia Act, a person is not qualified for jury service in the Federal Court of Australia if they are:

  • the Governor or Administrator of a State or Territory;
  • a judge, or other judicial officer, of a court of a State or Territory;
  • a member of the Parliament or Legislative Assembly of a State or Territory;
  • a qualified legal practitioner who holds a legal practising certificate in a State or Territory; or
  • a person whose duties or activities involve or are connected with:
    • the investigation or prosecution of criminal offences;
    • the administration of justice; or
    • the punishment of offenders.

Paragraph 23DJ(1)(f) provides that a person is not qualified to serve as a juror in the Federal Court of Australia if the person:

  • is excluded by a State or Territory law from serving as a juror in a court of that State or Territory; and
  • is so excluded because their current duties or activities involve or are connected with public administration or emergency services.

 

Jury Exemption Act 1965

Under the Schedule to the Jury Exemption Act, the following people are not qualified for jury service in the Federal Court of Australia:

  • the Governor-General;
  • a member of the Federal Executive Council;
  • a Justice of the High Court or of a court created by the Parliament;
  • a Senator;
  • a Member of the House of Representatives;
  • a member of the Fair Work Commission;
  • a member or special member of the Australian Federal Police;
  • a member of the Defence Force other than a member of the Reserves; and
  • a member of the Reserves who is rendering continuous full time service.

 

Jury Exemption Regulations

Under Regulation 4 of the Jury Exemption Regulations, the following people are not qualified for jury service in the Federal Court of Australia:

  • a person holding, or for the time being performing the duties of, an employment as a Commonwealth employee in respect of which the rate of salary equals or exceeds the rate of salary for the time being payable to an officer of the Australian Public Service occupying an office classified as Senior Executive Band 3.

Under Regulation 5 of the Jury Exemption Regulations the following people are not qualified for jury service in the Federal Court of Australia:

  • an officer or employee of:
    • a Department;
    • the Office of Parliamentary Counsel; or
    • the Office of the Director of Public Prosecutions;

being an officer or employee whose duties involve the provision of legal professional services;

  • an officer or employee of:
    • the High Court of Australia;
    • the Federal Court of Australia;
    • the Family Court of Australia; or
    • the Federal Circuit Court of Australia;
  • a person employed as a chemist in the Australian Government Analytical Laboratories, being a person whose duties include appearing as an expert witness in court proceedings;
  • a member within the meaning of the Australian Federal Police Act 1979 and a person employed under section 24 of that Act;
  • the Chief Executive Officer within the meaning of the Australian Crime Commission Act 2002 and an examiner or a member of the staff of the Australian Crime Commission within the meaning of that Act;
  • a person for the time being employed by:
    • the Australian Police Staff College; or
    • the National Police Research Unit;
  • a member, or a member of the staff, of the Administrative Appeals Tribunal;
  • a member, or a member of the staff, of the National Native Title Tribunal; and
  • a staff member, within the meaning of the Australian Securities Commission Act 1989, being a staff member whose duties involve:
    • providing legal professional services; or
    • investigating matters.

Under Regulation 6 of the Jury Exemption Regulations the following people are not qualified for jury service in the Federal Court of Australia:

  • a veterinary officer or other person employed in the Department of Primary Industries and Energy whose duties relate to the planning, co-ordination and monitoring of measures to limit the importation of exotic diseases into, or outbreak of exotic diseases in, Australia.

Under Regulation 7 of the Jury Exemption Regulations the following people are not qualified for jury service in the Federal Court of Australia:

  • the Official Secretary to the Governor-General;
  • a person performing duties as Secretary to:
    • a Royal Commission; or
    • a Committee of Inquiry established under an Act;
  • a person holding, or for the time being performing the duties of, one of the following positions in relation to a Minister of State:
    • Principal Private Secretary;
    • Principal Adviser;
    • Senior Private Secretary;
    • Senior Adviser;
    • Private Secretary;
    • Adviser;
    • Press Secretary;
  • the Industrial Registrar, and any Deputy Industrial Registrar, within the meaning of section 62(2) of the Workplace Relations Act 1996;
  • a person holding, or for the time being performing the duties of, one of the following offices in the Department of the Senate:
    • Clerk of the Senate;
    • Deputy Clerk of the Senate;
    • Clerk-Assistant (Table);
    • Clerk-Assistant (Procedure);
    • Clerk-Assistant (Management);
    • Clerk-Assistant (Committees);
    • Usher of the Black Rod;
    • Principal Parliamentary Officer, Table Office;
    • Secretary to a committee established by the Senate, or jointly by the Senate and the House of Representatives, including a committee established by an Act;
  • a person holding, or for the time being performing the duties of, one of the following offices in the Department of the House of Representatives:
    • Clerk of the House of Representatives;
    • Deputy Clerk of the House of Representatives;
    • First Clerk Assistant;
    • Clerk Assistant (Procedure);
    • Assistant Secretary (Committees);
    • Clerk Assistant (Table);
    • Assistant Secretary (Corporate Services);
    • Serjeant-at-Arms;
    • Director (Programming), Table Office;
    • Director (Legislation and Records), Table Office;
    • Secretary to a committee established by the House of Representatives, or jointly by the House of Representatives and the Senate, including a committee established by an Act;
  • a person holding, or for the time being performing the duties of, one of the following positions in the Department of Defence:
    • Deputy Director, Defence Signals Directorate;
    • Director-General, Alliance Policy and Management;
    • Deputy Chief of Facility, Joint Defence Facility, Pine Gap;
    • Australian Chief of Security, Joint Defence Facility, Pine Gap;
    • Engineer Class 3, Joint Defence Facility, Pine Gap; and
  • a person holding, or for the time being performing the duties of, the position of Parliamentary Liaison Officer in the Department of the Prime Minister and Cabinet.

 

Navigation Act 2012

Under section 89 of the Navigation Act the following people are not qualified for jury service in the Federal Court of Australia:

  • A seafarer of a regulated Australian vessel or a foreign vessel.