Juries Act 1981

Powers of Judges

Heading: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

4 Head of bench may make protocol setting out additional requirements

(1)

A head of bench may make a protocol setting out requirements referred to in subclause (2) if they think that the requirements are reasonably necessary in the interests of justice and to protect health and safety in the courts to take account of the effects of COVID-19.

(2)

For the purposes of subclause (1), the requirements—

(a)

may be in addition to, and apply despite, the following legislation:

(i)

section 13 (summoning of jurors):

(ii)

section 18 (selection of jurors):

(iii)

section 22 (discharge of juror or jury) (except section 22(1A)):

(iv)

the jury rules; and

(b)

may relate to the following:

(i)

jury lists:

(ii)

summoning of jurors:

(iii)

selection of jurors (including, without limitation, deferrals of, or excusals from, jury service):

(iv)

matters that jurors must comply with during a jury trial:

(v)

discharge of jurors.

(3)

Nothing in this clause limits the application of sections 24 and 24A of the Epidemic Preparedness Act 2006 to the rules made under section 35 of this Act.

(4)

A protocol made under this clause—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

is not to be drafted by the PCO under section 67(d)(ii) of that Act.

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021LA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Schedule 2 clause 4: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).