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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1595 ..

Mr Humphries (continuing):

. disclosing information about the deliberations of a jury if the person is aware that, as a consequence, the information will, or is likely to be, published;

. soliciting or obtaining information about jury deliberations with the intention of publishing or facilitating the publication of that information; and

. publishing information about the deliberations of a jury.

Exclusions apply to the disclosure of information to the appropriate authorities where this is necessary for the investigation of offences involving the jury process or for research into juries or jury service where authority is granted by the Attorney-General.

The prosecution of a juror for unlawful disclosure of information about a jury's deliberations could be sensitive when a controversial case is involved. For this reason, a provision has been included which will require the consent of the Director of Public Prosecutions before a prosecution can be instituted.

Other new provisions will cover the exemption from jury service of designated persons, including members of the Legislative Assembly as well as those of their staff who are advisers or private secretaries. It is the general practice throughout Australia to exempt from jury service members of the various legislatures. The proposal to exempt specified members of the staff of individual members is not generally replicated in other Australian jurisdictions. However, I feel that the extended exemption can be justified here having regard to the small number of people on the staff of members of this Assembly.

Another proposal, which calls for special mention, is the conferral upon the Sheriff of a power to prevent a person who has been convicted of an offence punishable on summary conviction from serving on a jury. In considering this matter, the Sheriff is required to have regard to the nature and number of offences, when they were committed and the penalties imposed. A person whose name is removed from the jury list on this basis must be notified of the removal and informed of the right of appeal to a Judge.

The Bill also refers to relief from jury service of jurors who have served in a lengthy trial and the juror's obligation to attend at the Court. Other matters dealt with in the Bill include the keeping of the jury list in electronic form and choosing jurors by lot or by using a computer. In addition, the offence provisions in the Act relating to the obligatory attendance of jurors at Court have been revised in a number of respects. The more important are giving the Court the ability to impose conditions on a juror when they leave Court premises and the conferral on a Judge of the power to issue a warrant for the arrest of a person who the Judge believes has contravened the new provisions relating to a juror's attendance at court.

The remaining amendments are largely technical. Taken as a whole, the amendments represent an important and significant updating of the Act.

I commend the Bill to the Legislative Assembly and present the accompanying Explanatory Memorandum.

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