Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
inconsistent with the subject matter or context —
Assembly district means an Electoral district for
the election of a member of the Legislative Assembly;
Australian legal practitioner has the meaning
given by the Legal Profession Act 2008 section 5;
circuit court means a court held in a circuit town
by virtue of the provisions of section 46 of the Supreme Court
Act 1935 ;
civil trial means trial in the civil jurisdiction
of the Supreme Court, a circuit court, or the District Court;
court town means any place where a sitting of the
Supreme Court or a circuit court or of the District Court is appointed to be
held;
criminal trial means a trial of issues required by
the Criminal Procedure Act 2004 to be tried by a jury, but does not
include a trial in a Children’s Court or in summary proceedings;
District Court means The District Court of Western
Australia established under the District Court of Western Australia
Act 1969 ;
Electoral Commissioner means the Electoral
Commissioner appointed under the Electoral Act 1907 ;
general jury precept means a precept issued under
section 20;
identification number of a person means the
identification number allocated to the person under section 26(6),
32D(1a) or 52(2);
judge —
(a) in
relation to the Supreme Court, means judge, acting judge or auxiliary judge of
that court and includes a commissioner appointed under section 49 of the
Supreme Court Act 1935 ; and
(b) in
relation to a circuit court, means judge, acting judge or auxiliary judge of
that court and includes a commissioner appointed under section 49 of the
Supreme Court Act 1935 ; and
(c) in
relation to the District Court, means judge, acting judge or auxiliary judge
of that court and includes a commissioner appointed under section 24 of
the District Court of Western Australia Act 1969 ;
jury assembly room means a place specified in the
summons for the assembly of jurors summoned to attend at a jury pool;
jury district means a part of the State proclaimed
under this Act to be a jury district;
jury officer means jury officer ascertained in
accordance with section 13;
jury pool means a pool of jurors from which juries
may be selected for trials to which the pool relates;
jury pool supervisor means a person, appointed by
the jury officer, for the time being in charge of a jury pool;
mental illness means an underlying pathological
infirmity of the mind, whether of short or long duration and whether permanent
or temporary, but does not include a condition that results from the reaction
of a healthy mind to extraordinary stimuli;
mental impairment means intellectual disability,
mental illness, brain damage, dementia or senility;
panel means a panel of jurors chosen under
section 26 or 29;
pool precept means a precept issued under
section 32G;
proper officer has the meaning given by
subsection (2);
sheriff means the Sheriff of Western Australia and
any deputy sheriff appointed by the Sheriff of Western Australia;
summoning officer means the sheriff, jury officer
or other person whose duty it is to summon jurors, and their deputies
respectively;
Supreme Court does not include a circuit court;
tickets means distinct pieces of card, parchment,
or durable material;
trial means any trial, issue, inquiry, assessment
of damages or other proceeding, whether civil or criminal, for which a jury is
or may be lawfully required.
(2) For the purposes
of this Act, a proper officer is —
(a) the
associate of the judge; or
(b) a
person directed by the judge to be the proper officer; or
(c) in
the absence of either, the judge.
[Section 3 amended by No. 44 of 1973
s. 3; No. 64 of 1975 s. 3; No. 6 of 1981 s. 4;
No. 23 of 1997 s. 16; No. 25 of 2003 s. 4; No. 59 of
2004 s. 141; No. 84 of 2004 s. 51; No. 42 of 2009 s. 20;
No. 13 of 2011 s. 8.]