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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Juries Amendment Bill 1998
A Bill for
An Act to amend the Juries Act 1957.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Juries Amendment Act 1998.
page 1
18--3
Juries Amendment Bill 1998
s. 2
2. Commencement
(1) Subject to subsection (2) this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Section 7 comes into operation on such day as is fixed by
5 proclamation.
3. The Act amended
The amendments in this Act are to the Juries Act 1957*.
[* Reprinted as at 2 December 1987.
For subsequent amendments see 1997 Index to Legislation of
10 Western Australia, Table 1, p. 120.]
4. Section 5 amended
(1) Section 5(a)(ii) is amended by deleting "65 years;" and inserting
instead --
" 70 years; ".
15 (2) Section 5(b)(ii)(I) is amended by deleting "served any part" and
inserting instead --
" been the subject ".
5. Section 29A amended
Section 29A(1) is amended as follows:
20 (a) by deleting "computer in respect of a trial in a Circuit
Court -- " and inserting instead --
" computer -- "; and
(b) in paragraph (a) before "the procedures", by inserting --
"
25 in respect of a criminal trial held at a place
other than Perth,
".
page 2
Juries Amendment Bill 1998
s. 6
6. Section 33 amended
(1) Section 33(1)(a) is deleted and "or" after it and the following is
inserted instead --
"
5 (a) if delivered personally to that person, or if
left --
(i) at the address appearing in the Jurors'
Book in respect of that person; or
(ii) if it is in the same jury district as that
10 address, at an address recorded by the
Electoral Commissioner in respect of
that person;
or
".
15 (2) Section 33(1)(b) is amended by deleting "that address." and
inserting instead --
" an address referred to in paragraph (a). ".
(3) After section 33(5) the following subsection is inserted --
"
20 (6) In subsection (1) --
"Electoral Commissioner" means the Electoral
Commissioner appointed under the Electoral Act 1907.
".
page 3
Juries Amendment Bill 1998
s. 7
7. Sections 56A to 56E inserted
Before section 57 of the principal Act, the following heading
and sections are inserted --
"
5 Part IXA -- Jury confidentiality
56A. Interpretation and application
(1) In this Part --
"prosecuting officer" means --
(a) the Director of Public Prosecutions or the
10 Deputy Director of Public Prosecutions
appointed under the Director of Public
Prosecutions Act 1991;
(b) a member of the staff referred to in
section 30 of the Director of Public
15 Prosecutions Act 1991 who is a practitioner
as defined by the Legal Practitioners
Act 1893;
(c) the Director of Public Prosecutions or the
Associate Director of Public Prosecutions
20 appointed under the Director of Public
Prosecutions Act 1983, as amended from
time to time, of the Parliament of the
Commonwealth;
(d) a member of the staff referred to in
25 section 27(1) of the Director of Public
Prosecutions Act 1983, as amended from
time to time, of the Parliament of the
Commonwealth who is a legal practitioner as
defined in that Act; or
page 4
Juries Amendment Bill 1998
s. 7
(e) a person employed under section 27(3) of the
Director of Public Prosecutions Act 1983, as
amended from time to time, of the
Parliament of the Commonwealth who is a
5 legal practitioner as defined in that Act;
"protected information" means --
(a) statements made, opinions expressed,
arguments advanced or votes cast by
members of a jury in the course of their
10 deliberations, other than anything said or
done in open court; or
(b) information that identifies, or is likely to
identify, a person as, or as having been, a
juror in particular proceedings;
15 "publish", in relation to protected information, means
communicate or disseminate the information in
such a way or to such an extent that it is available
to, or likely to come to the notice of, the public or
a section of the public.
20 (2) This Part applies in relation to juries in trials or
coronial proceedings in a court of the State or another
State, the Commonwealth or a territory of the
Commonwealth whether begun before or after the
commencement of the Juries Amendment Act 1998 and
25 to juries in inquests held under the Coroners Act 1920
before its repeal by section 60 of the Coroners
Act 1996.
56B. Protected information not to be disclosed
(1) A person who discloses protected information commits
30 an offence if the person is aware that, in consequence
page 5
Juries Amendment Bill 1998
s. 7
of the disclosure, the information will, or is likely to,
be published.
Penalty: $5 000 or imprisonment for 6 months, or both.
(2) Subsection (1) does not prohibit disclosing protected
5 information --
(a) to a court;
(b) to a board or commission appointed by the
Governor;
(c) to the Anti-Corruption Commission established
10 under section 5 of the Anti-Corruption
Commission Act 1988;
(d) to the Parliamentary Commissioner for
Administrative Investigations or the Deputy
Parliamentary Commissioner for
15 Administrative Investigations appointed under
section 5 of the Parliamentary Commissioner
Act 1971;
(e) to a prosecuting officer or a police officer for
the purpose of an investigation concerning an
20 alleged contempt of court or alleged offence
relating to jury deliberations or a juror's
identity;
(f) as part of a fair and accurate report of an
investigation referred to in paragraph (e);
25 (g) to a person in accordance with an authorization
granted by the Minister to conduct research into
matters relating to juries or jury service; or
(h) to a practitioner as defined by the Legal
Practitioners Act 1893 for the purpose of
30 obtaining advice in relation to a matter referred
to in paragraph (a), (b), (c), (d) or (e).
page 6
Juries Amendment Bill 1998
s. 7
56C. Protected information not to be solicited or
obtained
(1) A person who solicits or obtains protected information
with the intention of publishing or facilitating the
5 publication of that information commits an offence.
Penalty: $5 000 or imprisonment for 6 months, or both.
(2) Subsection (1) does not prohibit soliciting or obtaining
protected information --
(a) in the course of proceedings in a court;
10 (b) by a board or commission appointed by the
Governor;
(c) by the Anti-Corruption Commission established
under section 5 of the Anti-Corruption
Commission Act 1988;
15 (d) by the Parliamentary Commissioner for
Administrative Investigations or the Deputy
Parliamentary Commissioner for
Administrative Investigations appointed under
section 5 of the Parliamentary Commissioner
20 Act 1971;
(e) by a prosecuting officer or a police officer for
the purpose of an investigation concerning an
alleged contempt of court or alleged offence
relating to jury deliberations or a juror's
25 identity;
(f) by a person in accordance with an authorization
granted by the Minister to conduct research into
matters relating to juries or jury service; or
page 7
Juries Amendment Bill 1998
s. 7
(g) by a practitioner as defined by the Legal
Practitioners Act 1893 for the purpose of
giving advice in relation to a matter referred to
in paragraph (a), (b), (c), (d) or (e).
5 56D. Protected information not to be published
(1) A person who publishes protected information commits
an offence.
Penalty: $5 000 or imprisonment for 6 months, or both.
(2) Subsection (1) does not prohibit publishing protected
10 information --
(a) in accordance with an authorization granted by
the Minister to conduct research into matters
relating to juries or jury service;
(b) as a part of a fair and accurate report of --
15 (i) proceedings in respect of an alleged
contempt of court, an alleged offence
against this Part or an alleged offence
otherwise relating to jury deliberations
or a juror's identity;
20 (ii) proceedings by way of appeal from
proceedings referred to in
subparagraph (i); or
(iii) if the protected information relates to
jury deliberations, proceedings by way
25 of appeal from the trial in the course of
which the deliberations took place if the
nature or circumstances of the
deliberations is an issue relevant to the
appeal;
30 or
page 8
Juries Amendment Bill 1998
s. 7
(c) about a prosecution for an alleged offence
against section 56B, 56C or this section if,
before the prosecution was instituted, that
information had been published generally to the
5 public.
56E. Lawful disclosure of protected information
Sections 56B, 56C and 56D do not prohibit a person --
(a) during the course of a trial, disclosing,
soliciting or obtaining, or publishing, with the
10 leave of the court or otherwise with lawful
excuse, information that identifies, or is likely
to identify, the person or another person as, or
as having been, a juror in the trial; or
(b) after the trial has been completed, disclosing,
15 soliciting or obtaining, or publishing --
(i) information that identifies, or is likely to
identify, the person as having been a
juror in the trial; or
(ii) information that identifies, or is likely to
20 identify, another person as having been
a juror in the trial if the other person has
consented to the publication or
disclosure of that information.
".
page 9
Juries Amendment Bill 1998
s. 8
8. Second Schedule amended
Part II of the Second Schedule is amended after item 4 by
inserting the following item --
"
5 5. Age.
Persons who have reached the age of 65 years.
".
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