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Thursday, 13 May 1965

Senator WRIGHT (Tasmania) . - I was very interested in the remarks of Senator Murphy at the second reading stage. I hope that action will be taken at an early stage to bring juries back to hear certain matters in the divorce jurisdiction. It seems to me to be most peculiar that judges who seem to know nothing about family discord should be made the sole judges of domestic disputes. I say that in passing.

I should like the Minister for Works (Senator Gorton) to give some consideration to clause 4 to assist me in my understanding of its application. Sub-clause (1.) provides that persons who are referred to in the Schedule shall be exempt from serving as jurors in a Federal Court, a court of a State or a court of a Territory of the Commonwealth. There is specific mention in the Schedule of the Federal Executive Council, justices of the High Court and other courts created by Parliament, senators, members of the House of Representatives, members of the

Commonwealth Conciliation and Arbitration Commission, members of the Tariff Board, Commonwealth police, and members of the defence forces, with some qualifications. They are all exempted from service in any Federal or State court.

Clause 4 (2.) provides that the regulations are to be made under parapraph (a) for exemptions in Federal courts and under paragraph (b) for exemptions in State courts. I understand that it is the intention of paragraph (b) to provide for exemption of Commonwealth employees in State courts in those three States which have not yet applied an obligation to their public servants to serve in the courts of the States. I ask: What is the position under this legislation with regard to judges of the Supreme Courts of the States, police magistrates of the States and members of the State police forces? Are they obliged to serve on juries in Federal courts?

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