Thursday, 28 October 2021

 The DEPUTY SPEAKER (16:39): I have received a message from the Legislative Council agreeing to the Terrorism (Community Protection) Amendment Bill 2021 with amendments.

Ordered that amendments be taken into consideration immediately.

Message from Council relating to following amendments considered:

Clause 1, page 2, after line 17 insert—

“(ba) to amend the Juries Act 2000 to provide for the Juries Commissioner to exempt a person or a class of persons from selection to be summoned for jury service based on health, safety or welfare concerns; and”.

2.   Clause 2, line 22, after “Part 4,” insert “Part 4A”.

3.   Page 146, after line 9 insert the following new Part heading—

“Part 4A—Amendment of the Juries Act 2000”.

NEW CLAUSES

4.   Insert the following New Clauses to follow clause 30 and the Part heading proposed by amendment 3—

‘30A Questionnaire

In section 20(1) of the Juries Act 2000, after “period” insert “or whether the person may be exempted under section 27(4) from being summoned for jury service”.

30B Summons

(1) After section 27(3) of the Juries Act 2000 insert—

“(4)   The Juries Commissioner, in the Commissioner’s discretion, may exempt a person or class of persons from being summoned if, in the Commissioner’s opinion, there is good cause to do so based on health, safety or welfare concerns relating to the person, that class of persons or the community.

(5)   In deciding whether there is good cause to make an exemption under subsection (4), the Juries Commissioner—

(a)   may consult with the Chief Health Officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008; and

(b)   may make any enquiries and request any documents or other information the Commissioner considers necessary to determine whether a person or class of persons should be exempt from being summoned for good cause based on health, safety or welfare concerns relating to the person, that class of persons or the community.

(6)   If the Juries Commissioner exempts a person or a class of persons under subsection (4), the Commissioner must notify the person or any person who belongs to that class of persons about the exemption.

(7)   The Juries Commissioner—

(a)   is not required to issue a summons to a person or class of persons exempted under subsection (4); and

(b)   may recall and cancel any summons issued to a person who is exempted under subsection (4) after the issue of a summons to that person, whether the summons was issued before, on or after the commencement of this subsection and regardless of when the decision to exempt is made.

(8)   An exemption under subsection (4) may be made at any time before a person becomes a member of a panel.

(9)   For the avoidance of doubt, a person cannot waive an exemption made under subsection (4).”.

30C Obligation to answer questions or produce document

In section 68(2) of the Juries Act 2000, after “jury service” insert “, whether the person may be exempted under section 27(4) from being summoned for jury service or whether a summons should be recalled or cancelled under section 27(7)(b)”.

30D New section 101 inserted

After section 100 of the Juries Act 2000 insert—

“101   Repeal of powers to exempt from being summoned

(1)   On 26 October 2022—

(a)   in section 20(1), omit “or whether the person may be exempted under section 27(4) from being summoned for jury service”;

(b)   in section 27, subsections (4) to (9) are repealed;

(c)   in section 68(2), omit “, whether the person may be exempted under section 27(4) from being summoned for jury service or whether a summons should be recalled or cancelled under section 27(7)(b)”.

(2)   This section is repealed on 27 October 2022.”.’.

AMENDMENT OF LONG TITLE

5.   Long Title, after “other Acts” insert “, to amend the Juries Act 2000 to provide for the Juries Commissioner to exempt persons or classes of person from being summoned for jury service”.

 Ms HUTCHINS (Sydenham—Minister for Crime Prevention, Minister for Corrections, Minister for Youth Justice, Minister for Victim Support) (16:40): I move:

That the amendments be agreed to.

 Mr T SMITH (Kew) (16:40): I rise to support the amendments made by the Legislative Council but wish to move an amendment to the Council amendments. I request that my amendment be circulated. I move:

Amendment No 4:

In proposed New Clause 30D after “27 October 2022.” insert—

“101A Review by Scrutiny of Acts and Regulations Committee

The Scrutiny of Acts and Regulations Committee must report to both Houses of Parliament on the operation of the amendments to the Juries Act 2000 made by the Terrorism (Community Protection) Amendment Act 2021 by 16 November 2021.”

In so doing can I please very briefly take this opportunity to put on record the Liberals’ and Nationals’ absolute disgust that an amendment to the Juries Act 2000 was dropped on the Parliament literally this afternoon, that there has been no reference to the Scrutiny of Acts and Regulations Committee (SARC) and that this has essentially been rammed through—yet again, like the pandemic legislation. This is not the way to treat the Parliament, it is not the way to treat crossbenchers, it is not the way to treat Independents and it is not the way to treat the opposition. Stop treating the Parliament with contempt. This is a very important amendment to the Juries Act that would lock out unvaccinated jurors until 26 October next year.

A member: What?

Mr T SMITH: Yes, 26 October next year, and they have rammed it through in an afternoon. We attempted to amend this in the other place by at the very least requiring unvaccinated jurors not to attend jury trials until 28 February, but this is an extraordinary overreach. I condemn it, and I believe that SARC must be given an opportunity to review this and report back to the Parliament in the next sitting week. I will sit down because I know the National Party has not had an opportunity to speak on the Windfall Gains Tax and State Taxation and Other Acts Further Amendment Bill 2021, but I put on record my absolute disgust and contempt at the way Labor Party has treated the Parliament this week.

House divided on amendment:

The SPEAKER: A message will now be sent to the Legislative Council informing them of the house’s decision.

Register of opinion on amendment

Ayes

Mr Blackwood, Ms Britnell, Mr Hodgett, Ms McLeish, Mr Northe

Noes

Mr Andrews, Mr Brayne, Mr Carroll, Ms Crugnale, Ms D’Ambrosio, Ms Edwards, Mr Eren, Mr Foley, Mr Fregon, Mr Halse, Ms Kilkenny, Mr McGhie, Mr McGuire, Ms Neville, Mr Pearson, Mr Scott, Mr Staikos, Mr Taylor, Ms Ward