Attachment 2: Section 23DI of the Federal Court of Australia Act 1976

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

When a person is not qualified

(1) A person is not qualified to serve as a juror if:

(a) the person has been:

(i) convicted of an offence against a law of the Commonwealth, a State or a Territory; and

(ii) sentenced to imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

(b) the person has been:

(i) convicted of an offence against a law of a foreign country; and

(ii) sentenced to death, imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

(c) the person has been:

(i) tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) ordered to be detained for life, or for a period of more than 12 months, in a hospital, juvenile facility or other detention facility as a result of the trial; or

(d) the person has, within the last 10 years, been:

(i) convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) sentenced to serve a term of imprisonment (including by way of periodic detention) as a result of the conviction; or

(e) the person has, within the last 10 years, been:

(i) tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) ordered to be detained in a hospital, juvenile facility or other detention facility as a result of the trial; or

(f) the person is currently:

(i)  serving a term of imprisonment (including by way of periodic detention); or

(ii) being detained in a hospital, juvenile facility or other detention facility; or

(iii) subject to an order for periodic home detention or periodic detention in a hospital, juvenile facility or other detention facility; or

(g) the person is currently subject to:

(i)  a good behaviour bond or community service order; or

(ii) a similar order; or

(h) the person is currently being held in custody for the commission, or suspected commission, of a criminal offence; or

(i) the person:

(i)  has been charged with an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

(ii) is currently at liberty in respect of the offence until the person is required to appear before a court in respect of the offence.

Note: For paragraph (i), the person will be at liberty in respect of the offence if bail is granted for the offence.

 

Extended meaning of serving a term of imprisonment

(2) For the purposes of subsection (1), serving a term of imprisonment includes:

(a) the case where:

(i)   a person has been sentenced to a term of imprisonment; and

(ii)  the sentence has been suspended; and

(iii) the period of suspension has not ended; and

(b) the case where:

(i)   a person has been sentenced to a term of imprisonment; and

(ii)  the person has started serving the sentence; and

(iii) the person has been released on parole or probation or on a similar basis; and

(iv)  that period of release has not ended.

 

Disregard convictions etc. that have been set aside

(3) For the purposes of this section, disregard a conviction, sentence or order if the conviction, sentence or order has been set aside on appeal or as a result of a pardon.