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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Juries (Auslan Interpreters) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Juries
Act 1927
; to make related amendments to the
Criminal
Law Consolidation Act 1935
; and for other purposes.
Contents
Part 2—Amendment of Juries
Act 1927
3Amendment of section 13—Ineligibility for
jury
Part 4A—Interpreter
assistance
26Entitlement of
juror to be assisted by Auslan interpreter
5Amendment of section 89—Power to make
rules
Part 2—Related amendments to
Criminal Law Consolidation Act 1935
2Amendment of section 245—Offences
relating to jurors
3Amendment of section 247—Harassment to
obtain information about jury's deliberations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Juries (Auslan Interpreters) Amendment
Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Juries Act 1927
3—Amendment
of section 13—Ineligibility for jury
Section 13—after its present contents (now to be designated as
subsection (1)) insert:
(2) Despite subsection (1)(a) and (b), a person is not ineligible for jury
service merely because the person may require the assistance of an Auslan
interpreter to carry out the duties of a juror.
After Part 4 insert:
Part 4A—Interpreter assistance
26—Entitlement of juror to be assisted by Auslan
interpreter
(1) A person summoned
to render jury service is entitled to be assisted by an Auslan interpreter while
rendering that jury service (including while serving on a jury).
(2) A person may only act as an Auslan interpreter for the purposes of
subsection (1)
if—
(a) the person is—
(i) certified as an Auslan interpreter by the National Accreditation
Authority for Translators and Interpreters; or
(ii) if some other person or body is prescribed for the purposes of this
paragraph—certified or otherwise approved as an Auslan interpreter by that
person or body; and
(b) the person takes the prescribed oath or makes the prescribed
affirmation—
(i) to interpret accurately; and
(ii) except as is required to assist a juror by interpreting, to not
participate in or influence the jury's deliberations; and
(iii) to not disclose anything about those deliberations except as
permitted or required by law; and
(c) in a case where a party to the proceedings disputes the person's
ability or impartiality as an interpreter—the judge is satisfied as to the
person's ability and impartiality.
5—Amendment
of section 89—Power to make rules
Section 89(2)—after paragraph (c) insert:
(ca) make any provision in relation to jurors who, while rendering jury
service, are assisted by Auslan interpreters;
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Related amendments to Criminal Law
Consolidation Act 1935
2—Amendment
of section 245—Offences relating to jurors
Section 245—after subsection (5) insert:
(6) A person who is appointed as an Auslan interpreter to assist a juror
in judicial proceedings must not act in a way that might improperly influence
the outcome of the proceedings.
Maximum penalty: Imprisonment for 10 years.
3—Amendment
of section 247—Harassment to obtain information about jury's
deliberations
Section 247—after subsection (1) insert:
(2) A person who, for the purpose of obtaining information about the
deliberations of a jury in judicial proceedings, harasses an Auslan interpreter
assisting a juror in the proceedings is guilty of an offence.
Maximum penalty:
In the case of a body corporate—$25 000.
In any other case—$10 000 or imprisonment for 2 years.
4—Amendment
of section 248—Threats or reprisals relating to persons involved in
criminal investigations or judicial proceedings
Section 248(4)(b)(ii)—after "juror" insert:
, Auslan interpreter assisting a juror