Jury Act 1977 (NSW)
Jury Amendment Act 2024 No 24, Sch 1[5] [6] (not commenced)
An Act to amend and consolidate the law relating to juries; to repeal the Jury Act 1912 and certain other Acts; and to amend the Mental Health Act 1958, the Coroners Act 1960 and the Supreme Court Act 1970.
This Act may be cited as the Jury Act 1977.
This section and section 1 shall commence on the date of assent to this Act.
Except as provided in subsection (1) and Schedule 8, this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) in the Supreme Court on a claim for relief within the meaning of the Supreme Court Act 1970, or
(b) in the District Court in its civil jurisdiction.
(a) for the prosecution of offenders on indictment, or
(b) under section 23 or 26 of the Mental Health Act 1958.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to the deletion of a person from a supplementary jury roll or a jury roll is a reference to the deletion of the name of, and other particulars relating to, the person from that roll.
A reference in this Act to an electoral district includes a reference to a part of an electoral district.
Notes included in this Act do not form part of this Act.
Nothing in this Act applies to or with respect to a jury for an inquest concerning a death or suspected death caused or suspected by the coroner of having been caused by an explosion or accident in or about a mine situated wholly or partly in the Broken Hill Jury District.
Subject to this Act, every person who is enrolled as an elector for the Legislative Assembly of New South Wales is qualified and liable to serve as a juror.
A person is not qualified or liable to serve as a juror during any period that the person is excluded from jury service by Schedule 1.
A person referred to in Schedule 2 is entitled as of right to be exempted from serving as a juror if that person claims exemption in accordance with this Act.
Section 14 deals with the making of claims for exemptions under Schedule 2 and provides for the granting of other exemptions from jury service.
The regulations may amend Schedule 1 or 2 by adding any matter to, deleting any matter from or altering any matter in the Schedule.
There shall be a jury district for each place appointed for sittings of the Supreme Court or the District Court for the trial of any criminal or civil proceedings.
A jury district is to comprise such electoral districts or parts of electoral districts as may be determined and notified by the sheriff from time to time in accordance with the regulations.
The regulations may make provision for or with respect to the determination and notification of jury districts.
The sheriff must maintain a jury roll for each jury district in accordance with this Part.
The Electoral Commissioner shall, upon request made by the sheriff, deliver to the sheriff the latest available copies of the rolls of electors for such electoral districts as the sheriff may require for the purpose of preparing jury rolls.
Such a request is to be made at least once every 15 months for each jury district.
At intervals of not more than 12 months, the sheriff is to select a number of persons at random from the entries in the latest copies of rolls of electors supplied to the sheriff that relate to each jury district. Persons who are for the time being on the jury roll for the district are excluded from selection.
The number of persons selected must be estimated by the sheriff as sufficient to provide, in accordance with the scheme for selection of jurors provided by this Part, the number of persons required to serve from time to time as jurors in the jury district.
The estimate is to allow for persons who are excluded from jury service and for persons who will duly claim exemption from jury service.
The particulars of persons who have been selected under this section pursuant to the same estimate comprise a supplementary jury roll for the district in which those persons reside until particulars on the supplementary roll are added to the jury roll for the district.
A computer may be used to make a selection under this section.
The sheriff must send to each person whose name is included on a supplementary jury roll for a district, and who does not appear to the sheriff to be excluded or exempt from jury service, a notice—
(a) informing the person that it is proposed to include the person on the jury roll, and
(b) describing the classes of persons who are excluded from jury service by Schedule 1 and who are entitled as of right to be exempted from jury service under Schedule 2, and
(c) informing the person that a claim for permanent exemption may be made on the grounds referred to in section 14 (2) or a claim for exemption on showing good cause may be made under section 14 (3), and
(d) containing a questionnaire that is required to be completed by the person if—
(i) the person is excluded from jury service or claims exemption from jury service, or
(ii) the particulars of the person appearing on the questionnaire have changed, or
(iii) the person is otherwise required by the sheriff in the notice to complete the questionnaire, and
(e) requiring the person, if required to complete the questionnaire, to complete it and return it to the sheriff, within the time specified in the notice.
Without limiting the matters that may be included in any such questionnaire, it may include questions as to whether the person has a physical disability that would require some form of assistance or aid to be rendered to the person to enable the person to discharge the duties of a juror.
A person may claim to be excluded from jury service by Schedule 1 or exempted from jury service as of right under Schedule 2.
A person may request the sheriff to exempt him or her permanently from jury service because the person suffers from a permanent mental or physical impairment that results in jury service being incompatible with the person’s good health or that otherwise renders the person unable to perform jury service.
A person may request the sheriff to exempt him or her from jury service for the whole or part of any period during which the person may be summoned for jury service by showing good cause for the exemption.
Section 14A generally defines what constitutes good cause for the purposes of an exemption.
The sheriff may exempt a person from jury service whether or not on the request of the person if the sheriff is of the opinion that there is good cause for the exemption.
A claim or request to be excluded or exempted from jury service may be made—
(a) in response to a notice sent to the person under section 13, or
(b) by application made in writing to the sheriff and in a form approved by the sheriff.
A person who has been summoned to attend at a trial or coronial inquest may not be excluded or exempted from jury service under this section after the commencement of the trial or inquest.
Section 38 enables a person summoned to attend at a court or coronial inquest to be excused from attending by the court or coroner concerned.
If a person claims or requests to be excluded or exempted from jury service in accordance with this section and the sheriff determines that the person is not excluded or exempted, the sheriff must notify the person in writing of the sheriff’s determination and of the person’s right to appeal to the Local Court against the determination.
For the purposes of this Act, a person has good cause to be exempted or excused from jury service if—
(a) jury service would cause undue hardship or serious inconvenience to the person, the person’s family or the public, or
(b) some disability associated with that person would render him or her, without reasonable accommodation, unsuitable for or incapable of effectively serving as a juror, or
(c) a conflict of interest or some other knowledge, acquaintance or friendship exists that may result in the perception of a lack of impartiality in the juror, or
(d) there is some other reason that would affect the person’s ability to perform the functions of a juror.
Other reasons that would affect a person’s ability to perform the functions of a juror may include temporary disabilities or other physical or mental conditions.
A person who is required by summons to attend for jury service may apply in writing to the sheriff for deferral of jury service to a later time within the period during which the person may be summoned to attend for jury service.
On receiving the application, the sheriff may defer the person’s jury service to a later time within that period.
If the sheriff decides to refuse the application, the sheriff must inform the applicant in writing of the decision.
The sheriff may not defer the jury service of a person who has been summoned to attend at a trial or coronial inquest if the trial or inquest has commenced.
The sheriff may require a person who claims or requests to be excluded or exempted from jury service, or applies for deferral of jury service, to provide evidence to the satisfaction of the sheriff to support the claim, request or application.
The sheriff may require any of the following information to be verified by statutory declaration—
(a) information given in a questionnaire under section 13,
(b) information provided to the sheriff for the purpose of determining whether or not a person is excluded or is to be exempted from jury service,
(c) information provided to the sheriff for the purpose of determining whether or not a person’s jury service should be deferred.
Proceedings may be taken for an offence against this Act or the Oaths Act 1900 for providing false or misleading information to the sheriff that is required to be verified by statutory declaration. However, a person is not liable to be convicted of an offence under both Acts in relation to the provision of the same information.
The sheriff is to amend a supplementary jury roll or jury roll—
(a) by deleting the name and particulars of a person if—
(i) the sheriff determines that the person is excluded from jury service, or
(ii) the person has claimed exemption in accordance with this Act and has been exempted from jury service for the whole of the period during which the person may otherwise be summoned to attend for jury service, or
(iii) the person is dead or no longer resides in the jury district to which the roll relates, or
(b) to indicate that a person on the roll has been exempted from jury service for part of the period during which the person may be summoned to attend for jury service, or
(c) to indicate that the jury service of a person on the roll has been deferred to a specified date in the period during which the person may be summoned to attend for jury service, or
(d) to correct the particulars relating to any person on the roll.
A person aggrieved by a determination of the sheriff notified to the person under section 14 may appeal to the Local Court by lodging a notice of appeal with the registrar of that court within 21 days after being so notified.
However, if the person is summoned to attend for jury service on a day occurring before those 21 days have expired and before the notice of appeal is lodged, the appeal is instead to be made (as specified in a notice attached to the summons)—
(a) to the judge or coroner having the conduct of the trial or coronial inquest concerned, or
(b) to such other judge or coroner, or to such associate Judge, magistrate or registrar of a court, as may be specified in the notice.
The court or person to whom an appeal is made under this section must hear and determine the appeal.
The court or person to whom the appeal is made must allow the appeal and order the sheriff to amend the jury roll or supplementary jury roll appropriately if satisfied that the appellant—
(a) is excluded from jury service, or
(b) is entitled as of right to be exempted from jury service under Schedule 2 and has duly claimed exemption, or
(c) should be exempted from jury service on a ground referred to in section 14 (2) or (3).
If the court or person to whom the appeal is made is satisfied that the appellant, having been summoned for jury service, has good cause to be excused from attending at the relevant court or inquest, the court or person must excuse the appellant from attendance.
In any case not covered by subsection (4) or (5), the court or person to whom the appeal is made must disallow the appeal.
A decision under this section is final and conclusive and is to be given effect by the sheriff.
A person who has lodged an appeal under this section that has not been heard and determined is taken, for the purposes of section 38, to have good cause to be excused from attending at a court or coronial inquest in accordance with a summons.
The sheriff must supplement the jury roll for a jury district by adding to the roll particulars of each person who has been included on a supplementary jury roll for the district and who is not deleted from the supplementary roll by the sheriff under section 14D or pursuant to an order of a court or person under section 15.
The sheriff must cull from the jury roll for the time being in force for a district particulars of each person who has been included on the roll for 15 months (or such other period, not exceeding 2 years, as may be fixed by the regulations).
The sheriff must, immediately after supplementing or culling names from the jury roll for a district in accordance with section 15A, certify a list of persons as the jury roll in force for the time being for the jury district.
A jury roll may be certified by the sheriff under this section even though an appeal lodged under section 15 by a person on the roll has not been determined. However, the sheriff must amend the roll as soon as is practicable if the appeal is determined so as to require removal of the person from the roll.
The particulars on a jury roll relating to any person shall be the particulars relating to that person appearing on the copy of the roll of electors for the electoral district from which that person was selected under section 12.
The jury roll certified under this section for a jury district remains in force until a new jury roll for the district is certified, even if there is an alteration in the boundaries of the jury district before the new jury roll is certified.
The sheriff must keep among the records of the sheriff’s office the jury roll last certified for each jury district and any supplementary jury roll being used to revise a jury roll.
The sheriff must produce such a roll or supplementary roll (or a certified copy of it) in any court or at any coronial inquest if required to do so or forward a certified copy of the roll or supplementary roll to an officer of a court if it is required for production in that court or at that inquest.
(Repealed)
Except as provided by section 22, in any criminal proceedings in the Supreme Court or the District Court that are to be tried by jury, the jury is to consist of—
(a) 12 persons, or
(b) if the Court makes an order under subsection (2) for the selection of additional jurors—12 persons together with the number of additional jurors ordered by the Court,
returned and selected in accordance with this Act.
If a jury is constituted by more than 12 jurors immediately before it retires to consider its verdict, section 55G provides that only 12 of those jurors may retire to consider the jury’s verdict in the proceedings.
Before a jury is selected in criminal proceedings in the Supreme Court or the District Court, the Court may order the selection of no more than 3 additional jurors if—
(a) the Court is satisfied the nature, likely duration or complexity of the proceedings, or any other factor that may result in a juror being discharged during the trial of the proceedings, necessitates the selection of additional jurors, or
Example— A trial that involves distressing or sensitive material may necessitate the selection of additional jurors.
(b) the trial of the proceedings is of a kind prescribed by the regulations for this subsection.
The Court may make an order under subsection (2) only if the Court is also satisfied—
(a) the selection of the additional jurors is an appropriate means of ensuring there will be sufficient jurors remaining on the jury when the jury is required to consider the jury’s verdict, and
(b) appropriate facilities to accommodate the additional jurors are available.
Except as provided by section 22 and subject to subsection (2), where civil proceedings in the Supreme Court or the District Court are to be tried with a jury, the jury shall consist of 4 persons returned and selected in accordance with this Act.
The Supreme Court may, upon application by any party to civil proceedings to be tried in the Supreme Court with a jury made at any time after the pleadings in those proceedings are closed, order that the jury shall, except as provided by section 22, consist of 12 persons.
Except as provided by section 22, the jury in any coronial inquest shall consist of 6 persons returned and selected in accordance with this Act.
Where in the course of any trial or coronial inquest any member of the jury dies or is discharged by the court or coroner under Part 7A, the jury shall be considered as remaining for all the purposes of that trial or inquest properly constituted if—
(a) in the case of criminal proceedings, the number of its members—
(i) is not reduced below 10,
(ii) is reduced below 10 but approval in writing is given to the reduced number of jurors by or on behalf of both the person prosecuting for the Crown and the accused or each of the accused, or
(iii) is reduced below 10 but not below 8 and the trial has been in progress for at least 2 months,
(b) in the case of civil proceedings, the number of its members is not reduced, in the case of a jury of 4, below 3 or, in the case of a jury of 12, below 8, or
(c) in the case of a coronial inquest, the number of its members is not reduced below 4,
and if the court or the coroner, as the case may be, orders that the trial or coronial inquest continue with a reduced number of jurors under Part 7A.
The sheriff must maintain estimates of the number of jurors who will be required to be summoned in each jury district for the trial of criminal and civil proceedings in the Supreme Court and the District Court and for coronial inquests.
The number of jurors estimated as required for the purpose of trials must not exceed the number of jurors that, in the opinion of the sheriff, will ensure the attendance of sufficient jurors to allow for the number of challenges reasonably likely to be made by all parties.
The number of jurors estimated as required for the purpose of coronial inquests must not be less than the number of jurors that, in the opinion of the sheriff, will ensure the attendance of sufficient jurors to comply with requests for juries reasonably likely to be made under the Coroners Act 2009 by coroners.
(Repealed)
The sheriff must select at random, from the jury roll for each jury district, the number of jurors estimated by the sheriff as required to be summoned for trials or coronial inquests in that jury district.
The sheriff may select one or more of that number of jurors at random from a supplementary jury roll for that district, if the sheriff believes that the jury roll for that district is inadequate for any reason.
A selection under this section may be made by computer and may be made at any one time or at different times for the purposes of one or more trials or inquests.
(Repealed)
The sheriff must issue a summons to each person selected requiring the person to attend at the court or coronial inquest, at the place and at the time specified in the summons until discharged by the court or coroner.
When such a summons is served on a person selected by the sheriff from a supplementary jury roll, a notice complying with section 13 must also be served on the person, if such a notice has not already been sent to the person.
Such a summons is to be served on the person to whom it is issued at least 7 days before the time specified in it for attendance at a court or inquest, unless a judge of the court or the coroner holding the inquest otherwise orders.
The sheriff may select and summon jurors in accordance with this Division to make up or supplement a jury panel if a trial or coronial inquest is likely to be delayed because there are no persons or not enough persons available for the selection of a jury who have already been summoned.
At each time and place at which jurors are required to attend by summonses served under this Division, the sheriff must return particulars of the summonses, including a panel of the names of those summoned and, if appearing on the roll or supplementary roll from which the summonses were prepared, their occupations.
Only the names of persons qualified and liable to serve as jurors, and who have not been duly excused, are required to be included in the panel.
The sheriff must also provide with the return the names and other particulars recorded on the roll or supplementary roll of the persons on the panel on separate cards, each card being as nearly as is practicable of equal size.
Before furnishing the return and cards referred to in section 28 in respect of a trial or coronial inquest, the sheriff is to allocate a separate identification number to each person included in the panel referred to in section 28.
The sheriff must record a person’s identification number—
(a) against the place where the name of the person appears on that panel, and
(b) on the card referred to in section 28 (3) relating to the person.
The sheriff must inform a person of the person’s identification number when the person attends on the first day on which the person’s attendance is required in accordance with a summons.
A person who is allocated an identification number is to be addressed or referred to only by that identification number when the person is present at the court or coronial inquest for the purposes of the relevant proceedings.
A computer may be used to carry out a procedure under this section relating to identification numbers.
The regulations may make provision for or with respect to identification numbers. In particular, regulations may be made for or with respect to the following—
(a) the allocation of identification numbers,
(b) the manner in which persons are to be informed of their identification number,
(c) the recording of identification numbers on the panel and on the cards relating to the persons in respect of whom the identification numbers have been allocated.
(Repealed)
A person who is summoned under Division 1 is not required, when the person attends at a trial or coronial inquest in accordance with the summons, to disclose the person’s name or any other matter that identifies or is likely to lead to the identification of the person (for example, when the person requests to be excused under section 38 (1) or the person, while serving as a juror, is examined on oath under Part 8).
However, a person so summoned is to provide such information to the sheriff—
(a) when the person attends on the first day on which the person’s attendance at the trial or coronial inquest is required in accordance with the summons, or
(b) if requested to do so by the sheriff, at any other time during the course of the trial or coronial inquest.
A court or coroner conducting a trial or a coronial inquest may excuse a person for good cause from attending in pursuance of a summons at any time on or after the day on which the person’s attendance is required.
Section 14A generally defines what constitutes good cause for the purposes of excusing a person from jury service.
A person may be excused under subsection (1)—
(a) on the person’s request or on the court’s or coroner’s own motion, and
(b) even if the sheriff has previously determined not to excuse the person for that cause.
A person who makes a request to be excused under subsection (2)(a) may make the request to the court or coroner verbally or in writing.
A person may be excused under subsection (1) for the whole or any part of the time that the person’s attendance is required.
A court or coroner may require a person to make any request to be excused under subsection (2)(a) on oath unless the request is made in writing in accordance with subsection (3).
If a person is excused under subsection (1) or by the sheriff in accordance with section 14 after the issue of the relevant summons, the panel and the card relating to that person are to be clearly marked accordingly and the card kept apart from the cards relating to other persons on that panel.
Before the selection of the jury at a criminal trial, the judge must, subject to the regulations—
(a) direct the person prosecuting for the Crown to inform the jurors on the panel of the nature of the charge and the identity of the accused and of the principal witnesses to be called for the prosecution, and
(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the case.
Before the selection of the jury at a civil trial, the judge must, subject to the regulations—
(a) direct the parties to the proceedings to inform the jurors on the panel of the nature of the action and the identity of the parties and of the principal witnesses to be called by the parties, and
(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the case.
Before the selection of the jury at a coronial inquest, the coroner must, subject to the regulations—
(a) direct the person assisting the coroner to inform the jurors on the panel of the nature of the inquest and of the principal witnesses to be called, and
(b) call on the jurors on the panel to apply to be excused if they consider that they are not able to give impartial consideration to the matter.
The identity of a person who is a principal witness must not be disclosed under subsection (7) (a), (8) (a) or (9) (a) if the person is a witness who is included in a witness protection program—
(a) within the meaning of the Witness Protection Act 1995, or
(b) conducted by the Commonwealth, another State or a Territory under a complementary witness protection law within the meaning of the Witness Protection Act 1995.
The regulations may make provision for or with respect to—
(a) the directions and the calling on jurors under subsections (7)–(9), and
(b) the informing and the excusing of jurors under those subsections.
At the conclusion of any trial or coronial inquest, the judge who presided at the trial or the coroner who held the inquest may, if the judge or coroner is of the opinion that any of the jurors attended the trial or inquest for a lengthy period, direct that those jurors shall be entitled to be exempted as of right from serving as jurors for a specified period then ensuing.
A judge or coroner shall cause the sheriff to be notified of any direction given by the judge or coroner under subsection (1).
The sheriff shall—
(a) make a notation of any direction under subsection (1) on the appropriate jury roll, and
(b) notify, in writing, the jurors to whom the direction relates.
(Repealed)
Subject to this and any other Act, the law relating to the right of challenge to the array and to the polls of jurors in force immediately before the day appointed and notified under section 2 (2) shall continue in force.
In any criminal proceedings—
(a) each person prosecuted has 3 peremptory challenges without restriction, and
(b) the Crown has 3 peremptory challenges without restriction for each person prosecuted.
If the jury in criminal proceedings is to consist of more than 12 jurors, each person prosecuted and the Crown have one peremptory challenge without restriction, respectively, in addition to the peremptory challenges conferred on them by subsection (1).
Any number of peremptory challenges may be made if the Crown and all the persons prosecuted agree to the challenges.
Any such agreed peremptory challenge may be made even though all the peremptory challenges without restriction of any person prosecuted or the Crown have not been exhausted.
In any civil proceedings, each party to the proceedings has the number of peremptory challenges without restriction that is equal to half the number of jurors required to constitute the jury for trial.
The Crown has the right to challenge a juror for cause in any criminal proceedings or in any civil proceedings in which it is a party.
A juror on a panel returned for the trial of any criminal proceedings shall not, at the request of those prosecuting for the Crown, be ordered to stand by until all the jurors on the panel have been called for.
The Australian legal practitioner representing a person being prosecuted in any criminal proceedings may make any challenge for cause or any peremptory challenge on behalf of that person.
A challenge for cause or a peremptory challenge to a juror in criminal proceedings or in civil proceedings can be made only after the juror has been called to be sworn and before the juror is sworn.
A challenge for cause to a juror in criminal proceedings or in civil proceedings may be made either before or after all rights of peremptory challenge have been exhausted.
(Repealed)
A challenge for cause shall be tried by the presiding judge at the trial.
No omission, error or irregularity in the time or mode of service of any summons or in the summoning or return of any juror by a wrong name (where there is no question as to the juror’s identity) shall be cause of challenge either to the array or to that juror.
The judge presiding at the trial of any criminal proceedings may discharge the jury that has been selected if, in the opinion of that judge, the exercise of the rights to make peremptory challenges has resulted in a jury whose composition is such that the trial might be or might appear to be unfair.
The jury for the trial of any criminal proceedings in the Supreme Court or the District Court shall be selected by ballot in open court in accordance with this section.
At the trial the presiding judge or an officer of the court shall—
(a) place in a box provided for that purpose the cards provided under section 28 (3) in respect of that trial,
(b) draw out of that box those cards, one after another, and call out the identification numbers on those cards, until the number of persons required for the jury appear (the
drawn persons ), and(c) call each of the drawn persons to be sworn.
If any challenge is made and allowed in respect of any number of the drawn persons, that number of persons shall be so drawn and called to be sworn.
Such further number of persons as is required shall be so drawn and called to be sworn until all just challenges have been allowed and the number of persons required for the jury have been sworn.
Subject to section 55G, the persons sworn as referred to in subsection (4) shall constitute the jury for the trial.
The jury for the trial of any civil proceedings in the Supreme Court or the District Court is to be selected by ballot in open court in accordance with this section whether the jury is to consist of 4 or 12 jurors.
At the trial the presiding judge or an officer of the court must—
(a) place in a box provided for that purpose the cards provided under section 28 (3) in respect of that trial, and
(b) draw out of that box those cards, one after another, and call out the identification numbers on those cards, until the number of persons required to constitute the jury for the trial appear, and
(c) call each of those persons to be sworn.
If any challenge is made and allowed in respect of any number of those persons, that number of persons must be so drawn and called to be sworn.
Such further number of persons as is required is to be so drawn and called to be sworn until all just challenges have been allowed and the number of persons required to constitute the jury for the trial have been sworn.
The persons referred to in subsection (4) that have been sworn are to constitute the jury for the trial.
The jury for any coronial inquest shall be selected by ballot in accordance with this section.
At the inquest the coroner or a person appointed by the coroner for that purpose shall—
(a) place in a box provided for that purpose the cards provided under section 28 (3) in respect of that inquest, and
(b) draw out of that box those cards, one after another, and call out the identification numbers on those cards, until 6 persons appear.
The 6 persons referred to in subsection (2) (b) shall, after being duly sworn, constitute the jury for the coronial inquest.
If there is an insufficient number of summoned jurors in attendance at a court or coronial inquest for the purposes of a ballot under section 48, 49 or 50, the trial or inquest may be adjourned and—
(a) the jurors may be discharged and, in accordance with Division 1 of Part 5, further summonses to attend at the court or inquest may be issued in respect of the trial or inquest,
(b) the jurors may be retained and, in accordance with Division 1 of Part 5, further summonses to attend at the court or inquest may be issued in order to obtain the further number of jurors required to complete the ballot, or
(c) the jurors may be retained and the further number of jurors required to complete the ballot may be required by the sheriff to attend at the court or inquest for that purpose if they have been summoned to attend at another court or inquest in the same jury district and are not required at that other court or inquest.
Balloting for a trial or inquest referred to in subsection (1) (b) may proceed after the cards relating to the further number of jurors required to complete the ballot are placed in the ballot box and the names and identification numbers of those jurors are added to the panel.
The cards relating to the jurors who constituted the jury for the trial of any criminal or civil proceedings shall be kept apart from the cards relating to the other persons summoned for that trial until the conclusion of the trial.
After all the jurors for a trial are sworn, the cards relating to persons who were summoned and who were called but not sworn for the trial are to be returned to the sheriff so as to be available for any further ballot.
The cards relating to persons who were summoned and were sworn for the trial, but who are not discharged from attending at the court in pursuance of the summons, are also to be returned to the sheriff, if a further ballot is to be conducted under section 53.
Where the persons who were summoned to attend at a court and who constituted the jury for a trial cease to be required for that trial and have not been discharged from attending at the court in pursuance of the summons, juries for subsequent trials in that court may be selected from among those persons in accordance with section 48 or 49, as the case may require.
The court or coroner must discharge a juror if, in the course of any trial or coronial inquest—
(a) it is found that the juror was mistakenly or irregularly empanelled, whether because the juror was excluded from jury service or was otherwise not returned and selected in accordance with this Act, or
(b) the juror has become excluded from jury service, or
(c) the juror has engaged in misconduct in relation to the trial or coronial inquest.
In this section—
(a) conduct that constitutes an offence against this Act, or
Note. For example, under section 68C it is an offence for a juror to make certain inquiries except in the proper exercise of his or her functions as a juror.
(b) any other conduct that, in the opinion of the court or coroner, gives rise to the risk of a substantial miscarriage of justice in the trial or inquest.
The court or coroner may, in the course of any trial or coronial inquest, discharge a juror if—
(a) the juror (though able to discharge the duties of a juror) has, in the judge’s or coroner’s opinion, become so ill, infirm or incapacitated as to be likely to become unable to serve as a juror before the jury delivers their verdict or has become so ill as to be a health risk to other jurors or persons present at the trial or coronial inquest, or
(b) it appears to the court or coroner (from the juror’s own statements or from evidence before the court or coroner) that the juror may not be able to give impartial consideration to the case because of the juror’s familiarity with the witnesses, parties or legal representatives in the trial or coronial inquest, any reasonable apprehension of bias or conflict of interest on the part of the juror or any similar reason, or
(c) a juror refuses to take part in the jury’s deliberations, or
(d) it appears to the court or coroner that, for any other reason affecting the juror’s ability to perform the functions of a juror, the juror should not continue to act as a juror.
Section 22 provides for the continuation of a trial or inquest on the death or discharge of a juror.
If a juror dies, or the court or coroner discharges a juror in the course of a trial or coronial inquest, the court or coroner must—
(a) discharge the jury if the court or coroner is of the opinion that to continue the trial or coronial inquest with the remaining jurors would give rise to the risk of a substantial miscarriage of justice, or
(b) if of the opinion that there is no such risk and subject to section 22, order that the trial or coronial inquest continue with a reduced number of jurors.
A court or coroner that discharges a jury under subsection (1) (a) may stay the proceedings on such terms as the court or coroner thinks fit if a party gives notice of an intention to lodge an application for leave to appeal for review of the decision under section 5G of the Criminal Appeal Act 1912.
Where a jury in civil proceedings is discharged under this section, the proceedings may, without any new process for that purpose, be set down for trial either at the same or any subsequent sittings, as the court may order.
The jury in criminal proceedings is, subject to a contrary order of the court, permitted to separate at any time either before or after the jury retires to consider its verdict.
The court on any trial or a coroner holding any coronial inquest may permit the members of the jury to be supplied with such refreshments as the court or coroner thinks fit at any time after they have been sworn and notwithstanding that they have retired to consider their verdict.
A judge or coroner may refuse to allow an exhibit at the trial or inquest being left with the jurors after they have retired if satisfied that the exhibit or the safety of the jurors would be put at risk.
Any direction of law to a jury by a judge or coroner may be given in writing if the judge or coroner considers that it is appropriate to do so.
A copy of all or any part of the transcript of evidence at a trial or inquest may, at the request of the jury, be supplied to the members of the jury if the judge or coroner considers that it is appropriate and practicable to do so.
A judge or coroner may examine a juror on oath to determine—
(a) whether the juror has read, seen or heard alleged prejudicial material published or broadcast during the trial or inquest, and
(b) whether the juror has been influenced by the material.
A judge may examine a juror on oath to determine whether a juror has engaged in any conduct that may constitute a contravention of section 68C.
A juror is not excused from a requirement to give evidence on such an examination on the ground that the evidence may tend to prove that the juror has committed an offence against section 68C.
However, if the judge is satisfied, after the evidence has been given, that the evidence may tend to prove that the juror has committed an offence against section 68C, the judge is to cause the juror to be given a certificate under this section in respect of the evidence.
In any proceedings for an offence against section 68C, evidence given by a person in respect of which a certificate under this section has been given cannot be used against the person.
The jury shall be discharged immediately after delivering their verdict.
Nothing in this section prevents any member of the jury from remaining in court as an ordinary member of the public after being so discharged.
This section applies in respect of a verdict in criminal proceedings where the jury consists of not less than 11 persons.
Lengthy criminal proceedings may be tried by a jury of up to 15 persons if the court makes an order for additional jurors under section 19 (2). However, section 55G provides that only 12 members of such an expanded jury may retire to consider the jury’s verdict in the proceedings.
A majority verdict may be returned by a jury in criminal proceedings if—
(a) a unanimous verdict has not been reached after the jurors have deliberated for a period of time (being not less than 8 hours) that the court considers reasonable having regard to the nature and complexity of the criminal proceedings, and
(b) the court is satisfied, after examination on oath of one or more of the jurors, that it is unlikely that the jurors will reach a unanimous verdict after further deliberation.
In this section—
(a) a verdict agreed to by 11 jurors where the jury consists of 12 persons at the time the verdict is returned, or
(b) a verdict agreed to by 10 jurors where the jury consists of 11 persons at the time the verdict is returned.
A verdict that the accused is guilty of an offence against a law of the Commonwealth must be unanimous.
This section extends to any alternative verdict that is available to a jury at law.
If the jury in criminal proceedings consists of more than 12 persons (the
A verdict jury is to be constituted by—
(a) if the expanded jury has chosen one of its members to speak on behalf of the jury as a whole (a
foreperson )—the foreperson and 11 other members of the expanded jury selected by ballot, or(b) if there is no foreperson—12 members of the expanded jury selected by ballot.
The ballot for a verdict jury must be conducted by the presiding judge or an officer of the court by—
(a) placing in a box provided for that purpose the cards provided under section 28 (3) for all of the members of the expanded jury (other than the foreperson, if any), and
(b) drawing out of that box those cards, one after another, and calling out the identification numbers on those cards, until 11 or 12 persons (as the case requires) are selected.
A verdict jury continues to constitute the jury for the trial until the trial concludes unless the court has given a direction under subsection (5).
Under this section, the same verdict jury will remain in place in trials where a verdict jury is required to consider some counts in an indictment first and then the other counts at a later stage in the trial (unless subsection (5) applies). As a result, the court will be able to reconvene for any further summoning up or directions in relation to counts that remain to be determined without the need for a new verdict jury to be constituted.
If one or more jurors on the expanded jury are excluded from a verdict jury by a ballot, the court must—
(a) if the verdict of the verdict jury is a directed verdict in respect of some (but not all) of the accused persons or some (but not all) of the counts in the indictment—direct that the excluded jurors rejoin the jury for the continuation of the trial in respect of the accused persons or counts (as the case may be) that have not yet been the subject of a verdict in the trial, or
(b) if the verdict jury retires to consider whether or not to return a verdict without hearing further evidence—direct that the excluded jurors rejoin the jury for the continuation of the trial in the event that the verdict jury decides that it wishes to hear further evidence before returning a verdict.
The court may not give a direction under subsection (5) if a verdict jury has previously returned a verdict (other than a directed verdict) in the trial.
If the court gives a direction under subsection (5), a fresh ballot for a verdict jury must be conducted if there is still an expanded jury when the jury is next required to retire to consider its verdict.
The court must discharge any jurors on the expanded jury who are excluded from a verdict jury by ballot if the jurors will not be required to rejoin the jury because of a direction under subsection (5).
Nothing in this section affects the operation of section 22.
Where a jury in criminal proceedings has retired, and the jury consists of 11 or 12 persons, the court in which the proceedings are being tried may discharge the jury if it finds, after examination on oath of one or more of the jurors, that it is unlikely that the jurors will reach a unanimous verdict or a majority verdict under section 55F.
Where a jury in criminal proceedings has retired, and the jury consists of 11 or 12 persons, the court in which the proceedings are being tried may not discharge the jury under this section if it finds, after examination on oath of one or more of the jurors, that it is likely that the jurors will reach a majority verdict under section 55F.
Where a jury in criminal proceedings has retired, and the jury consists of 10 persons or less, the court in which the proceedings are being tried may discharge the jury if it finds, after examination on oath of one or more of the jurors, that it is unlikely that the jurors will reach a unanimous verdict.
Where the jury in civil proceedings have retired for more than 4 hours and they are unable to agree on their verdict—
(a) in the case of a jury consisting of 4 persons, the decision of 3 jurors, or
(b) in the case of a jury consisting of 12 persons or, pursuant to section 22 (b), 9, 10 or 11 persons, the decision of 8 jurors,
shall be taken as the verdict of all.
A reference in this section to a verdict includes a reference to an answer to any specific question put to the jury by the court.
Where the court in civil proceedings finds, after examination on oath of one or more of the jury, that the jury is unable to agree on a decision about an issue of fact, the court may decide that issue, but only if the parties to the proceedings agree that the court should decide the issue.
Where the jury in civil proceedings have retired for more than 4 hours, the court in which the proceedings are being tried may discharge them if it finds, after examination on oath of one or more of them, that they are not likely to agree on either a unanimous verdict or a verdict under section 57.
(Repealed)
Where a jury is discharged under this section, the proceedings may, without any new process for that purpose, be set down for trial either at the same or any subsequent sittings, as the court may order.
Where the jury in any coronial inquest have retired for more than 6 hours, the coroner holding that inquest may discharge them if the coroner finds, after examination on oath of one or more of them, that they are not likely to agree.
A reference in this Part to a person who fails to attend for jury service is a reference to a person who—
(a) is duly summoned to attend at a court or coronial inquest,
(b) fails to attend on the first or on any subsequent day on which the person’s attendance is required, and
(c) is not duly excused from that attendance.
Where the sheriff notifies a person of an alteration in the time or place at which the person is required by a summons to attend for jury service, the person does not fail to attend for jury service for the purposes of this Part if the person attends at the altered time or place as so notified to the person.
A person who is sent a notice under section 13 about the person’s inclusion on a supplementary jury roll and who is required to return to the sheriff the questionnaire included in the notice must not, except with good cause, fail to do so within the time specified in the notice.
The person must not, except with good cause, return such a questionnaire to the sheriff without complete answers to all of the questions in it.
The person must not return such a questionnaire to the sheriff if it contains any answer or other information that the person knows to be false or misleading in a material respect.
Maximum penalty—10 penalty units.
A person must not provide any information or produce any document to the sheriff that the person knows to be false or misleading in a material respect—
(a) when claiming to be excluded from jury service under Schedule 1 or to be entitled as of right to be exempted from jury service under Schedule 2, or
(b) when requesting an exemption from jury service under section 14, or
(c) when applying for deferral of jury service under section 14B, or
(d) when claiming otherwise that the person is not or will not be available for jury service, or
(e) in connection with a claim for payment under section 72.
A person must not cause or permit any representation the person knows to be false or misleading in a material respect to be made to the sheriff on the person’s behalf, or on behalf of another person, for the purpose of evading jury service.
Maximum penalty—50 penalty units.
A person summoned to attend at a court or coronial inquest who knows that he or she is excluded from jury service must, before the day on which the person’s attendance is required, inform the sheriff of that fact and the reason why the person is excluded from jury service.
Maximum penalty—10 penalty units.
Subject to sections 64 and 66, a person who fails to attend for jury service contravenes this section and is liable to a penalty not exceeding 20 penalty units.
In any proceedings for an offence under this section, a document purporting to be signed by the sheriff and to certify—
(a) that a specified person is recorded as having failed to attend for jury service, or
(b) that a specified person has declined to be dealt with under section 64,
is evidence of the matter so certified.
It is a defence to a prosecution for an offence under this section if the person prosecuted proves that the person had a reasonable excuse for his or her failure to attend for jury service.
If a person fails to attend for jury service at a court or coronial inquest, a record of that fact is to be made on the relevant panel by order of the court, of the coroner holding the inquest or of any court in which trials for which the panel was prepared are held.
The sheriff shall serve, on a person who is recorded under subsection (1) as having failed to attend for jury service, a notice to the effect that, if the person does not desire to have the matter referred to a court, the person—
(a) pay to an officer specified in the notice at a place and within a time specified in the notice an amount of penalty equal to 10 penalty units for that failure if dealt with under this section, or
(b) show cause to the sheriff within the time specified in the notice why a penalty should not be imposed for that failure.
The sheriff may require a person who shows cause under subsection (2) (b) to verify the person’s statements by statutory declaration.
If the sheriff determines that a person has not shown reasonable cause under subsection (2) (b) for the person’s failure to attend for jury service, the sheriff shall inform that person accordingly and specify a further period of time within which the person may pay the amount of penalty referred to in subsection (2) (a).
A person served with a notice under subsection (2)—
(a) has the right to decline to be dealt with under this section, and
(b) shall be deemed to have declined to be so dealt with if the person does not show reasonable cause under subsection (2) (b) for the person’s failure to attend for jury service within the time specified in the notice and if the person fails to pay the relevant amount of penalty within the time specified in the notice or within such further time as may, under subsection (4) or in any particular case, be allowed by the sheriff.
Where the relevant amount of penalty is paid pursuant to subsection (2) (a), no person shall be liable for any further proceedings for that failure to attend for jury service.
(Repealed)
If it appears to the sheriff or a person prescribed by the regulations that a person has contravened section 61, or has declined to be dealt with under section 64 in respect of a failure to attend for jury service, the sheriff or prescribed person may serve a penalty notice on the person.
A penalty notice is a notice to the effect that, if the person served does not wish to have the alleged contravention of section 61 or 63 dealt with by a court, the person may pay, within the time and to the person specified in the notice, the penalty of—
(a) in the case of an alleged contravention of section 61—5 penalty units, or
(b) in the case of an alleged contravention of section 63—15 penalty units.
If the relevant penalty for the alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.
Payment in accordance with this section is not to be regarded as an admission of liability for the purposes of, nor is in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(Repealed)
This section does not limit the operation of this or any other Act in relation to proceedings that may be taken in respect of offences.
Any person who personates a juror is guilty of an offence.
Penalty: 50 penalty units.
A person must not inspect, or make available to any other person, a panel or card prepared for the purposes of this Act by the sheriff.
Maximum penalty—10 penalty units.
This section does not apply to anything inspected or made available to another person—
(a) for the purposes of executing this Act.
(b), (c) (Repealed)
A person shall not, except in accordance with this Act, wilfully publish any material, broadcast any matter or otherwise disclose any information which is likely to lead to the identification of a juror or former juror in a particular trial or inquest.
Penalty: In the case of a corporation, $250,000; in any other case, 2 years imprisonment or 50 penalty units (or both).
Subsection (1) does not apply to the identification of a former juror with the consent of the former juror.
A reference in this section to the identification of a juror or former juror includes a reference to the disclosure of the address of the juror or former juror.
Subsection (1) does not apply to the disclosure of information by the sheriff to any of the following bodies or persons for the purposes of an investigation or prosecution of a contempt of court or an offence relating to a juror or a jury—
(a) a court,
(b) the New South Wales Crime Commission,
(c) the Independent Commission Against Corruption,
(d) the Law Enforcement Conduct Commission,
(e) the Australian Crime Commission,
(f) the Director of Public Prosecutions,
(g) the NSW Police Force,
(h) the Australian Federal Police.
Subsection (1) does not apply to the disclosure of information by the sheriff to a person in accordance with an authority granted by the Attorney General for the conduct of a research project into matters relating to juries or jurors.
In this section—
A person must not solicit information from, or harass, a juror or former juror for the purpose of obtaining information about—
(a) the deliberations of a jury, or
(b) how a juror, or the jury, formed any opinion or conclusion in relation to an issue arising in a trial or coronial inquest.
Maximum penalty on indictment: imprisonment for 7 years.
The deliberations of a jury include statements made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations.
Subsection (1) does not prohibit a person from soliciting information from a juror or former juror in accordance with an authority granted by the Attorney General for the conduct of a research project into matters relating to juries or jury service.
Subsection (1) does not prohibit any of the following bodies or persons from soliciting information from a juror or former juror for the purposes of an investigation or prosecution of a contempt of court or an offence relating to a juror or a jury—
(a) a court,
(b) the New South Wales Crime Commission,
(c) the Independent Commission Against Corruption,
(d) the Law Enforcement Conduct Commission,
(e) the Australian Crime Commission,
(f) the Director of Public Prosecutions,
(g) the NSW Police Force,
(h) the Australian Federal Police.
Subsection (1) does not prohibit a juror from soliciting information from another member of the jury during a trial or coronial inquest.
In this section—
A juror must not, except with the consent of or at the request of the judge or coroner, wilfully disclose to any person during the trial or coronial inquest information about—
(a) the deliberations of the jury, or
(b) how a juror, or the jury, formed any opinion or conclusion in relation to an issue arising in the trial or coronial inquest.
Maximum penalty—20 penalty units.
A person (including a juror or former juror) must not, for a fee, gain or reward, disclose or offer to disclose to any person information about—
(a) the deliberations of a jury, or
(b) how a juror, or a jury, formed any opinion or conclusion in relation to an issue arising in a trial or coronial inquest.
Maximum penalty—50 penalty units.
The deliberations of a jury include statements made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations.
Subsection (1) does not prohibit a juror from disclosing information to another member of the jury during a trial or coronial inquest.
A juror for the trial of any criminal proceedings must not make an inquiry for the purpose of obtaining information about the accused, or any matters relevant to the trial, except in the proper exercise of his or her functions as a juror.
Maximum penalty—50 penalty units or imprisonment for 2 years, or both.
This section applies in respect of a juror from the time the juror is sworn in as a juror and until the juror, or the jury of which the juror is a member, is discharged by the court having conduct of the proceedings.
This section does not prohibit a juror—
(a) from making an inquiry of the court, or of another member of the jury, in the proper exercise of his or her functions as a juror, or
(b) from making an inquiry authorised by the court.
Anything done by a juror in contravention of a direction given to the jury by the judge in the criminal proceedings is not a proper exercise by the juror of his or her functions as a juror.
For the purpose of this section,
(a) asking a question of any person,
(b) conducting any research, for example, by searching an electronic database for information (such as by using the Internet),
(c) viewing or inspecting any place or object,
(d) conducting an experiment,
(e) causing someone else to make an inquiry.
An employer shall not dismiss a person in his or her employment or injure the person in his or her employment or alter his or her position to his or her prejudice by reason of the fact that the person is summoned to serve as a juror.
In proceedings for an offence under subsection (1), if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge shall lie on the defendant.
Where an employer is convicted by a court of an offence under subsection (1), the court may order—
(a) the employer to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee, and
(b) that the employee be reinstated in his or her old or a similar position.
An order under subsection (3) (a) shall operate as an order against the employer for the payment of money under the Civil Procedure Act 2005 and shall be enforceable as such an order under that Act.
An employer shall give effect to an order of the court under subsection (3) (b).
The amount of salary or wages that would have been payable to an employee in respect of any period that his or her employer fails to give effect to an order under subsection (3) (b) shall be recoverable, as a debt due to the employee by the employer, in any court of competent jurisdiction.
An employer shall not threaten a person employed by the employer with—
(a) dismissal, or
(b) injury in his or her employment, or
(c) alteration of his or her position to his or her prejudice,
by reason of the fact that the person is summoned to serve as a juror.
In proceedings for an offence under subsection (7), if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the threat was not actuated by the reason alleged in the charge lies on the defendant.
A person can be prosecuted for and convicted of offences under both subsections (1) and (7) in relation to the same circumstances.
In this section—
(a) a full-time employee, or
(a1) a part-time employee, or
(b) an employee who, as a regular casual employee (or partly as a regular casual employee and partly as a full-time or part-time employee), has worked with the employer for at least 12 months on an unbroken, regular and systematic basis (including any period of authorised leave or absence).
Maximum penalty—200 penalty units (in the case of a corporation) or 50 penalty units or imprisonment for 12 months, or both (in the case of an individual).
An employer must not require an employee to use any leave to which the employee is entitled for the purpose of complying with a summons to serve as a juror.
Subsection (1) does not prevent an employee from requesting to use any leave to which he or she is entitled for the purpose of complying with a summons to serve as a juror, or an employer from granting any such request.
An employer must not require an employee—
(a) to carry out any work on any day on which the employee is serving as a juror, or
(b) to undertake any additional hours of work to compensate for work time lost by the employee while serving as a juror.
Subsection (3) does not prevent an employer from requiring an employee who is empanelled as a juror to carry out work during normal working hours on any day if the jury of which the employee is a member is not required to attend at the relevant court or coronial inquest on that day.
In this section—
(a) a full-time employee, or
(a1) a part-time employee, or
(b) an employee who, as a regular casual employee (or partly as a regular casual employee and partly as a full-time or part-time employee), has worked with the employer for at least 12 months on an unbroken, regular and systematic basis (including any period of authorised leave or absence).
Maximum penalty—20 penalty units.
For the purposes of this section, a
A person commits an offence against this section if—
(a) a corporation commits a corporate offence, and
(b) the person is—
(i) a director of the corporation, or
(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c) the person—
(i) aids, abets, counsels or procures the commission of the corporate offence, or
(ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii) conspires with others to effect the commission of the corporate offence, or
(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
Maximum penalty—The maximum penalty for the corporate offence if committed by an individual.
The prosecution bears the legal burden of proving the elements of the offence against this section.
The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
Except to the extent that this Act otherwise provides, proceedings for offences against this Act shall be disposed of in a summary manner before the Local Court.
Proceedings for an offence under section 68 by a corporation may be dealt with—
(a) summarily before the Local Court, or
(b) summarily before the Supreme Court in its summary jurisdiction.
If proceedings for an offence under section 68 by a corporation are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is $10,000, despite any higher maximum monetary penalty provided in respect of the offence by that section.
Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 68A.
Subject to the regulations, a person is entitled to be paid an amount determined in accordance with the regulations for attendance for jury service at a court or coronial inquest.
However, a person is not so entitled if the person attends for jury service in accordance with the summons and then successfully applies to be excused from attending further for jury service.
Where civil proceedings are tried with a jury pursuant to a requisition for trial with a jury, the party who filed that requisition shall pay to the sheriff or any prescribed officer of the court on the prescribed day of the trial and on each subsequent day the amount, or if the regulations so provide any prescribed part of the amount, required to pay the fees for the jurors under subsection (1) for that day.
The fees paid under subsection (2) shall be treated as costs in the proceedings, unless the court otherwise orders.
The form of oath or affirmation to be taken or made by a person before serving as a juror is an oath or affirmation that the person will give a true verdict according to the evidence.
The oath or affirmation may be administered, taken or made in the manner provided for by the Oaths Act 1900 or in the prescribed manner.
For the purposes of this section, the
(a) the person taking or making the oath or affirmation repeats the words of the oath or affirmation, or
(b) the officer administering the oath or affirmation repeats the words of the oath or affirmation and the person taking or making the oath or affirmation indicates his or her assent to the oath or affirmation by uttering the words “So help me God” (in the case of an oath) or “I do” (in the case of an affirmation).
(a) the Office of the Ombudsman,
(b) the Office of the Director of Public Prosecutions,
(c) the Crown Solicitor’s Office.
A person is excluded from jury service during any period in which he or she is employed or engaged in law enforcement or criminal investigation in any of the following bodies, except if the person is employed or engaged on a casual or voluntary basis or as clerical, administrative or support staff—
(a) the NSW Police Force,
(b) the Australian Federal Police,
(c) the NSW Crime Commission,
(d) the Australian Crime Commission,
(e) the Law Enforcement Conduct Commission,
(f) the Independent Commission Against Corruption.
A person who was employed or engaged as referred to in subclause (1), (2) or (3) is also excluded from jury service for the period of 3 years after ceasing to be so employed or engaged.
A person is excluded from jury service during any period in which he or she holds the position of a member, officer or employee of any of the following bodies but only if, as a result of holding that position, the person has direct access to inmates or information about inmates—
(a) the Department of Attorney General and Justice,
(b) the State Parole Authority,
(c) the Serious Offenders Review Council,
(d) the Serious Young Offenders Review Panel,
(d1) the Serious Young Offenders Review Panel,
(e) the Probation and Parole Service,
(f) the Justice and Forensic Mental Health Network,
(g) the Mental Health Review Tribunal.
A person who held a position referred to in subclause (1) is also excluded from jury service for the period of 3 years after ceasing to hold that position.
In this clause,
A person is excluded from jury service for any period during which he or she is an undischarged bankrupt.
Other persons are ineligible for jury service because of the Jury Exemption Act 1965 of the Commonwealth.
(Section 7)
Clergy.
Vowed members of any religious order.
Persons practising as dentists.
Persons practising as pharmacists.
Persons practising as medical practitioners.
A person employed or engaged (except on a casual or voluntary basis) in the provision of fire, ambulance, rescue, or other emergency services, whether or not in the public sector.
A person who—
(a) within the 3 years that end on the date of the person’s claim for exemption, attended court in accordance with a summons and served as a juror, or
(b) within the 12 months that end on the date of the person’s claim for exemption, attended court in accordance with a summons and who was prepared to, but did not, serve as a juror.
A person who is entitled to be exempted under section 39 on account of previous lengthy jury service.
A person who resides with, and has the full-time care of, a person who is sick, infirm or disabled.
(Repealed)
(Section 77)
Column 1 | Column 2 | |
Year and number of Act | Short title of Act | Extent of repeal |
1912 No 31 | Jury Act 1912. | The whole Act. |
1918 No 33 | Jury (Amendment) Act 1918. | The whole Act. |
1924 No 8 | Jury (Amendment) Act 1924. | The whole Act. |
1924 No 10 | Crimes (Amendment) Act 1924. | Section 34. |
1929 No 2 | Crimes (Amendment) Act 1929. | Section 19. |
1937 No 35 | Statute Law Revision Act 1937. | So much of the Second Schedule as amends Act No 31, 1912. |
1947 No 41 | Jury (Amendment) Act 1947. | The unrepealed portion except sections 1 (1) and 7. |
1951 No 42 | Jury (Amendment) Act 1951. | The whole Act. |
1957 No 13 | Supreme Court Procedure Act 1957. | Section 10, so much of First Schedule as amends Act No 31, 1912, and so much of the Second Schedule as relates to the Jury Act 1912. |
1965 No 12 | Supreme Court and Circuit Courts (Amendment) Act 1965. | Section 16 and so much of the Schedule as relates to the Jury Act 1912. |
1965 No 12 | Law Reform (Miscellaneous Provisions) Act 1965. | Section 26 and so much of the Schedule as relates to the Jury Act 1912. |
1968 No 3 | Administration of Justice Act 1968. | So much of section 3 as relates to Part 7, Part 7 and so much of the Schedule as relates to the Jury Act 1912. |
1970 No 52 | Supreme Court Act 1970. | So much of the First Schedule as relates to Act No 41, 1947, and so much of the Second Schedule as amends Act No 31, 1912. |
1972 No 41 | Supreme Court (Amendment) Act 1972. | Paragraph (t) of the Second Schedule. |
1973 No 9 | District Court Act 1973. | So much of Schedule 2 as amends Act No 31, 1912, and Act No 41, 1947. |
1974 No 50 | Crimes and Other Acts (Amendment) Act 1974. | Section 15. |
1974 No 51 | Metric Conversion Act 1974. | Item 178 of the Schedule. |
1975 No 65 | Miscellaneous Acts (Administrative Changes) Amendment Act 1975. | Section 7. |
(Repealed)
(Section 79)
In this Schedule—
The regulations may make provision of a transitional or savings nature consequent on the enactment of the following Acts—
• This Act
• Jury (Amendment) Act 1987
• Jury Amendment Act 1996
• Jury Amendment Act 1997
• Courts Legislation Amendment Act 1999
• Courts Legislation Amendment Act 2001 (but only to the extent that it amends this Act)
• Jury Amendment Act 2004
• Courts Legislation Amendment Act 2005 (but only to the extent that it amends this Act)
• Jury Amendment (Verdicts) Act 2006
• Jury Amendment Act 2007
• Jury Amendment Act 2008
Jury Amendment Act 2010
A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.
Notwithstanding anything contained in this Act and subject to subclause (2), Parts 2 and 8 of the former Act and sections 26 and 43 of the Mental Health Act 1958 as in force immediately before the commencement of this Act shall continue in force for or with respect to the return of a jury for any trial in a jury district until such day as may be appointed by the Governor in respect of that jury district and as may be notified by proclamation published in the Gazette.
The jurors’ book in force immediately before the commencement of this Act for any jury district shall, for the purposes of subclause (1), be deemed to be the jurors’ book for that district.
Clause 2 does not affect, during the period after the commencement of this Act and before the day appointed and notified under that clause in respect of any jury district, the provisions of this Act relating to—
(a) the preparation of a jury roll for that jury district, and
(b) the issue of general jury precepts and the summoning and return of jurors in pursuance of those precepts for trials commencing in that jury district after the day appointed and notified in respect of that jury district.
The day appointed and notified under clause 2 in respect of any jury district shall not be earlier than the day on which the sheriff certifies a jury roll for that district prepared in accordance with this Act.
The Governor may for the purposes of clause 2 appoint different days in respect of different jury districts.
Section 28 of the Coroners Act 1980 shall not apply if a day has not been appointed and notified under clause 2 in respect of the jury district at which the coronial inquest would, under that section, be required to be held.
The provisions of the Coroners Act 1960, relating to the qualifications and liability to serve as a juror at, or relating to the return of a jury for, any coronial inquest shall continue in force until the day appointed and notified under clause 2 in respect of the jury district at which the inquest is held.
Nothing in this Act affects any trial in progress at the commencement of this Act.
Except as provided in this or in any other Act, a jury in criminal or civil proceedings or in a coronial inquest shall be subject to the same rules and manner of proceeding as were observed before the commencement of this Act.
The amendments made by the Jury (Amendment) Act 1987 (except Schedule 1 (5), (6), (22) and (23) to that Act) apply to and in respect of a trial or inquest even though the trial or inquest commenced before the commencement of those amendments.
The amendments made by Schedule 1 (1) and (23) to the Jury (Amendment) Act 1987 do not apply to or in respect of a jury roll in force before the commencement of those amendments.
The jury roll in force for a jury district immediately before the commencement of section 15A is taken to have been prepared in accordance with Part 3, as amended by the Jury Amendment Act 1996.
After the commencement of section 15A, the sheriff is to remove from the jury roll for each jury district a sufficient number of the persons who were on the roll immediately before that commencement to compensate for those whose names are added to supplement the roll in accordance with section 15A, until all of those persons have been removed from the roll (except any whose names have been reinstated on the roll pursuant to section 15A (1)).
The selection of persons to be removed from a jury roll pursuant to subclause (2) is to be made at random and may be made by use of a computer.
Within 15 months after the commencement of section 15A, the sheriff must remove from a jury roll all of the persons who were on the jury roll immediately before that commencement (except any whose names have been reinstated on the roll pursuant to section 15A (1)).
This Act, as in force immediately before the commencement of Schedule 1 [13] to the Jury Amendment Act 1996, applies to and in respect of a summons issued by the sheriff under Part 5 before that commencement.
Section 57A (relating to courts deciding issues of fact) does not apply to a trial that commenced before the commencement of that section.
Section 58 (relating to the discharge of a jury that disagree in civil proceedings), as in force immediately before the commencement of Schedule 2 [4] and [5] to the Jury Amendment Act 1996 applies to a trial commenced before the commencement of those items.
Section 66 (as inserted by the Jury Amendment Act 1996 and relating to penalty notices for failure to attend for jury service) applies to a failure to attend for jury service before or after the commencement of that section.
Section 72 (relating to payment for jury service) as in force immediately before the commencement of Schedule 2 [8] to the Jury Amendment Act 1996 applies to an attendance for jury service before that commencement.
The rates for jury fees prescribed for the purposes of section 72 (1) immediately before the commencement of Schedule 2 [8] to the Jury Amendment Act 1996 are taken to have been prescribed for the purposes of section 72 (1A), as substituted by that Act, until further rates are prescribed.
An amendment made by Schedule 1 [1], [2], [3], [4], [5], [6], [7], [8], [9], [11], [12], [14], [15] or [16] to the Jury Amendment Act 1997 does not apply in respect of a trial or coronial inquest commenced but not completed before the commencement of the amendment.
Section 42A, as inserted by the Courts Legislation Amendment Act 1999, applies only in respect of civil proceedings for which a jury is selected after the commencement of this clause.
Sections 68 and 68A, as amended by Schedule 4 to the Courts Legislation Amendment Act 2001, apply to acts, matters or things done, and in relation to jurors and jury deliberations in criminal proceedings, that were finally determined before, on or after the commencement of those amendments.
The amendments made to sections 68A and 68B by the Jury Amendment Act 2004 do not apply in respect of a trial or coronial inquest commenced before the commencement of that Act.
Sections 68C and 73A, as inserted by the Jury Amendment Act 2004, do not apply in respect of a trial commenced before the commencement of that Act.
The amendments made to this Act by the Jury Amendment (Verdicts) Act 2006 apply to criminal proceedings only if the jury is empanelled after the commencement of those amendments.
Despite subclause (1), those amendments do not apply in criminal proceedings where the jury is empanelled after the commencement of those amendments (
(a) in earlier criminal proceedings against the accused, in relation to an offence or conduct that occurred on the same occasion as the occasion to which the current offence proceedings relate—
(i) the jury was discharged because the jurors could not reach a verdict, or
(ii) a decision in those proceedings was set aside on appeal and a retrial ordered, or
(iii) the trial was aborted, and
(b) the jury was empanelled in those earlier proceedings before the commencement of those amendments.
The amendments made to this Act by the Jury Amendment Act 2007 apply to criminal proceedings only if the jury is empanelled after the commencement of those amendments.
An amendment made by the Jury Amendment Act 2008 applies to and in respect of any jury empanelled in a trial or coronial inquest after the commencement of the amendment.
In this clause,
Subject to the regulations, an amendment made to a provision of this Act by the amending Act—
(a) does not affect any juror empanelled before the commencement of the amendment or give rise to a right to challenge any such juror, and
(b) does not require any notice sent under section 13 before the commencement of the amendment to be sent again, and
(c) does not prevent a person to whom such a notice was sent from claiming to be excluded from jury service under Schedule 1 as in force after the commencement of the amendment, and
(d) does not prevent a person to whom such a notice was sent from claiming an exemption as of right under Schedule 3 as in force before the commencement of the amendment or from claiming or requesting an exemption under this Act as in force after that commencement, and
(e) does not prevent a person to whom such a notice was sent from applying for deferral of jury service under section 14B as inserted by the amending Act, and
(f) does not affect the validity of any jury roll certified under section 16 before the commencement of the amendment, and
(g) does not affect the validity of any supplementary jury roll prepared before the commencement of the amendment.
Without limiting clause 1A, regulations of a savings or transitional nature may be made for or with respect to the application of any provision of this Act that is amended by the amending Act.
The sheriff, Commissioner of Police and Roads and Maritime Services may, before the commencement of Schedule 1 [20] to the Jury Amendment Act 2010, disclose information if the sheriff, Commissioner of Police or Roads and Maritime Services is satisfied that—
(a) the disclosure is made in relation to the testing of an information system being developed for the purposes of the implementation of the amendments made to this Act by Schedule 1 [20] to the Jury Amendment Act 2010 and Schedule 9 [1] and [2] to the Courts and Other Legislation Amendment Act 2012, and
(b) the disclosure would be authorised if—
(i) it was made for the purposes of determining whether a person proposed to be summoned for jury service should be excluded from jury service, and
(ii) the provisions referred to in paragraph (a) had commenced.
An amendment made to section 14A or 38 by the amendment Act only applies to a request for exemption from jury service made after the commencement of the amendment.
An amendment made to section 19, 54 or 73A by the amendment Act only applies to a trial or coronial inquest if the jury is empanelled after the commencement of the amendment.
Section 53D, as inserted by the amendment Act, only applies to a trial or coronial inquest if the jury is empanelled after the commencement of the amendment.
An amendment made to section 69 or 69A by the amendment Act only applies in relation to a person summoned to serve as a juror after the commencement of the amendment.
In this clause—
Jury Act 1977 No 18. Assented to 24.3.1977. Date of commencement, secs 1 and 2 excepted, 1.7.1977, sec 2 and GG No 68 of 24.6.1977, p 2508. This Act has been amended by this Act, sec 25(6) and as follows—
No 155 | Prisons (Amendment) Act 1978. Assented to 29.12.1978. Date of commencement of Sch 4, 19.3.1979, sec 2 (2) and GG No 39 of 16.3.1979, p 1171. | |
No 27 | Coroners Act 1980. Assented to 16.4.1980. Date of commencement of Sch 2, 1.7.1980, sec 2 (2) and GG No 89 of 27.6.1980, p 3211. | |
No 31 | Jury (Coroners) Amendment Act 1980. Assented to 16.4.1980. Date of commencement of sec 3, 1.7.1980, sec 2 (2) and GG No 89 of 27.6.1980, p 3211. | |
No 34 | Jury (Amendment) Act 1981. Assented to 15.5.1981. | |
No 88 | Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1982. Assented to 25.5.1982. Schedule 1 to commence on a day to be appointed and notified under sec 2 (4). No day was so appointed and the Act was repealed by the Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987. | |
No 181 | Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1983. Assented to 31.12.1983. The provisions of Sch 1 relating to the Jury Act 1977 were not commenced and the Act was repealed by the Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 No 11. | |
No 231 | Statute Law (Miscellaneous Provisions) Act 1985. Assented to 18.12.1985. | |
No 212 | Miscellaneous Acts (Public Prosecutions) Amendment Act 1986. Assented to 23.12.1986. Date of commencement of Sch 1, 13.7.1987, sec 2 (2) and GG No 117 of 10.7.1987, p 3860. | |
No 286 | Jury (Amendment) Act 1987. Assented to 16.12.1987. Date of commencement, except Sch 1 (5), (6), (22) and (23), 28 days after assent, sec 2 (1); date of commencement of Sch 1 (5), (6), (22) and (23), 29.2.1988, sec 2 (2) and GG No 33 of 19.2.1988, p 930. Amended by Statute Law (Miscellaneous Provisions) Act 1988 No 20. | |
No 20 | Statute Law (Miscellaneous Provisions) Act 1988. Assented to 28.6.1988. Date of commencement, assent, sec 2 (1). | |
No 131 | Statute Law (Miscellaneous Provisions) Act (No 3) 1988. Assented to 30.12.1988. Date of commencement of Sch 12, 7.4.1989, sec 2 (2) and GG No 37 of 31.3.1989, p 1604. | |
No 89 | Statute Law (Miscellaneous Provisions) Act 1989. Assented to 13.6.1989. Date of commencement of Sch 1, except as provided by sec 2 (2)–(7), assent, sec 2 (1). | |
No 192 | Fire Brigades Act 1989. Assented to 19.12.1989. Date of commencement, 1.1.1990, sec 2 and GG No 124 of 22.12.1989, p 11025. | |
No 51 | Crimes (Public Justice) Amendment Act 1990. Assented to 18.9.1990. Date of commencement, 25.11.1990, sec 2 and GG No 141 of 9.11.1990, p 9816. | |
No 74 | Criminal Procedure Legislation (Amendment) Act 1990. Assented to 4.12.1990. Date of commencement, 17.3.1991, sec 2 (1) and GG No 37 of 1.3.1991, p 1693. | |
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provision of Sch 1 relating to the Jury Act 1977, 1.3.1991, Sch 1 and GG No 33 of 22.2.1991, p 1526. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 3) 1992. Assented to 8.12.1992. Date of commencement of the provisions of Sch 1 relating to the Jury Act 1977, assent, Sch 1. | |
No 46 | Statute Law (Miscellaneous Provisions) Act 1993. Assented to 15.6.1993. Date of commencement of the provisions of Sch 1 relating to the Jury Act 1977, assent, Sch 1. | |
No 13 | Mines Rescue Act 1994. Assented to 10.5.1994. Date of commencement, 8.7.1994, sec 2 and GG No 90 of 8.7.1994, p 3463. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of Sch 3, assent, sec 2. | |
No 28 | Public Defenders Act 1995. Assented to 19.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3435. | |
No 4 | Jury Amendment Act 1996. Assented to 13.5.1996. Date of commencement, 8.11.1996, sec 2 and GG No 126 of 8.11.1996, p 7389. | |
No 15 | Jury Amendment Act 1997. Assented to 29.5.1997. Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423. | |
No 49 | Courts Legislation Amendment Act 1998. Assented to 29.6.1998. Date of commencement of Sch 15, 3.8.1998, sec 2 and GG No 112 of 24.7.1998, p 5602. | |
No 39 | Courts Legislation Amendment Act 1999. Assented to 8.7.1999. Date of commencement of Sch 3, 1.9.1999, sec 2 and GG No 98 of 27.8.1999, p 6684. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.34, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487; date of commencement of Sch 4.124, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 31 | Courts Legislation Amendment Act 2000. Assented to 14.6.2000. Date of commencement of Sch 8, 25.9.2000, sec 2 (1) and GG No 125 of 22.9.2000, p 10678. | |
No 85 | Courts Legislation Amendment Act 2001. Assented to 28.11.2001. Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 177. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 42 | Community Services Legislation Amendment Act 2002. Assented to 3.7.2002. Date of commencement, 1.12.2002, sec 2 and GG No 237 of 29.11.2002, p 10061. | |
No 13 | Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003. Date of commencement of Sch 1.15, assent, sec 2 (1). | |
No 71 | Courts Legislation Amendment Act 2003. Assented to 20.11.2003. Date of commencement, 1.1.2004, sec 2 and GG No 196 of 12.12.2003, p 11172. | |
No 68 | Courts Legislation Amendment Act 2004. Assented to 6.7.2004. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 102 | Jury Amendment Act 2004. Assented to 15.12.2004. Date of commencement, assent, sec 2. | |
No 6 | Sheriff Act 2005. Assented to 10.3.2005. Date of commencement of Sch 1.2, 1.7.2005, sec 2 (1) and GG No 77 of 24.6.2005, p 2954. | |
No 31 | Courts Legislation Amendment Act 2005. Assented to 15.6.2005. Date of commencement of Sch 6, assent, sec 2 (1). | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Schs 2.33 and 3, assent, sec 2 (2). | |
No 19 | Jury Amendment (Verdicts) Act 2006. Assented to 15.5.2006. Date of commencement, 26.5.2006, sec 2 and GG No 68 of 26.5.2006, p 3165. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 58 | Jury Amendment Act 2007. Assented to 15.11.2007. Date of commencement, 1.1.2008, sec 2 and GG No 185 of 21.12.2007, p 9812. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 24 | Jury Amendment Act 2008. Assented to 11.6.2008. Date of commencement, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5865. | |
No 41 | Coroners Act 2009. Assented to 19.6.2009. Date of commencement of Schs 3 and 4, 1.1.2010, sec 2 (1) and 2009 (544) LW 27.11.2009. | |
No 55 | Jury Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1, Sch 1 [17] excepted, 31.1.2014, sec 2 and 2014 (12) LW 31.1.2014; date of commencement of Sch 1 [17], 1.8.2010, sec 2 and 2010 (386) LW 30.7.2010. Amended by Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.14, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. Amended by Courts and Other Legislation Further Amendment Act 2013. Assented to 28.2.2013. Date of commencement of Sch 1.14, assent, sec 2 (1). Amended by Crimes (Serious Sex Offenders) Amendment Act 2013. Assented to 19.3.2013. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 8 | Children (Detention Centres) Amendment (Serious Young Offenders Review Panel) Act 2012. Assented to 21.3.2012. Date of commencement of Sch 2, 31.1.2014, sec 2 (2) and 2014 (12) LW 31.1.2014. | |
No 60 | Courts and Other Legislation Amendment Act 2012. Assented to 10.9.2012. Date of commencement of Sch 9 [1] and [2], 31.1.2014, sec 2 (2) and 2014 (12) LW 31.1.2014; date of commencement of Sch 9 [3], assent, sec 2 (1). | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 4 | Crimes (Serious Sex Offenders) Amendment Act 2013. Assented to 19.3.2013. Date of commencement, assent, sec 2. The amendment by Sch 2.10 was without effect as the provision to be inserted by the Jury Amendment Act 2010 No 55 was amended by the Crimes (Serious Sex Offenders) Amendment Act 2013. | |
No 58 | Crimes (High Risk Offenders) Amendment Act 2014. Assented to 23.10.2014. Date of commencement, 7.1.2015, sec 2 and 2014 (831) LW 19.12.2014. | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.28, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 68 | Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.13, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018. | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.20, assent, sec 2(1). | |
No 24 | Jury Amendment Act 2024. Assented to 31.5.2024. Date of commencement of Sch 1[1]–[4] and [7]–[12], 10.3.2025, sec 2 and 2025 (55) LW 28.2.2025; date of commencement of Sch 1[5] and [6]: not in force. |
This Act has also been amended by regulations made pursuant to sec 8.
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1994.
Sec 3 | Am 1980 No 27, Sch 2; 1980 No 31, sec 3 (a). Rep 1987 No 286, Sch 2 (1). |
Sec 4 | Am 1980 No 31, sec 3 (b); 1985 No 231, Sch 12; 1987 No 286, Sch 2 (2); 1993 No 46, Sch 1; 1996 No 4, Sch 1 [1]–[5]; 1997 No 15, Sch 1 [1]; 2005 No 98, Sch 2.33; 2009 No 41, Sch 3.7; 2017 No 66, Sch 8.14 [1]. |
Sec 4A | Ins 1980 No 31, sec 3 (c). |
Part 2 | Subst 2010 No 55, Sch 1 [1]. |
Sec 5 | Subst 2010 No 55, Sch 1 [1]. Am 2017 No 66, Sch 8.14 [2]. |
Secs 6–8 | Subst 2010 No 55, Sch 1 [1]. |
Sec 9 | Am 1993 No 46, Sch 1. |
Sec 10 | Subst 1996 No 4, Sch 1 [6]. |
Sec 11 | Am 1993 No 46, Sch 1; 1996 No 4, Sch 1 [7]. |
Sec 12 | Am 1993 No 46, Sch 1. Subst 1996 No 4, Sch 1 [8]. Am 2010 No 55, Sch 1 [2]. |
Sec 13 | Subst 1996 No 4, Sch 1 [8]. Am 1999 No 39, Sch 3 [1]; 2004 No 68, Sch 8 [1]. Subst 2010 No 55, Sch 1 [3]. |
Sec 14 | Am 1987 No 286, Sch 2 (3); 1996 No 4, Sch 1 [9]; 2007 No 94, Sch 2. Subst 2010 No 55, Sch 1 [3]. |
Sec 14A | Ins 2010 No 55, Sch 1 [3]. Am 2024 No 24, Sch 1[1]. |
Sec 14B | Ins 2010 No 55, Sch 1 [3]. |
Sec 14C | Ins 2010 No 55, Sch 1 [3]. |
Sec 14D | Ins 2010 No 55, Sch 1 [3]. |
Sec 15 | Am 1987 No 286, Sch 2 (4) (am 1988 No 20, Sch 20). Subst 1996 No 4, Sch 1 [10]. Am 2001 No 121, Sch 2.131 [1] [2]; 2005 No 31, Sch 6 [1]; 2007 No 94, Sch 2. Subst 2010 No 55, Sch 1 [3]. |
Sec 15A | Ins 1996 No 4, Sch 1 [10]. Am 2010 No 55, Sch 1 [4]. |
Sec 16 | Am 1993 No 46, Sch 1; 1996 No 4, Sch 1 [11]. |
Sec 17 | Subst 1996 No 4, Sch 1 [12]. |
Sec 18 | Am 1987 No 286, Schs 1 (1), 2 (5); 1988 No 131, Sch 12 (1); 1996 No 4, Sch 2 [1] [2]; 2007 No 94, Sch 2. Rep 2010 No 55, Sch 1 [6]. |
Sec 18A | Ins 1999 No 39, Sch 3 [2]. Rep 2010 No 55, Sch 1 [6]. |
Sec 19 | Subst 1990 No 74, Sch 3; 2007 No 58, Sch 1 [1]. Am 2008 No 24, Sch 1 [1]; 2024 No 24, Sch 1[2]. |
Sec 20 | Am 2008 No 24, Sch 1 [2] [3]. |
Sec 21 | Am 2008 No 24, Sch 1 [4]. |
Sec 22 | Am 1987 No 286, Sch 1 (2); 2008 No 24, Sch 1 [5] [6]. |
Part 5, Div 1 | Subst 1996 No 4, Sch 1 [13]. |
Sec 23 | Am 1986 No 212, Sch 1. Subst 1996 No 4, Sch 1 [13]. Am 2009 No 41, Sch 4. |
Sec 24 | Am 1981 No 34, Sch 1 (1). Subst 1996 No 4, Sch 1 [13]. Rep 2005 No 6, Sch 1.2. |
Sec 25 | Subst 1996 No 4, Sch 1 [13]. Am 1977 No 18, sec 25(6); 2020 No 1, Sch 2.11; 2021 No 4, Sch 1.20. |
Sec 26 | Subst 1996 No 4, Sch 1 [13]. Am 2004 No 68, Sch 8 [1] [2]. |
Sec 27 | Subst 1996 No 4, Sch 1 [13]. |
Sec 28 | Am 1981 No 34, Sch 1 (2). Subst 1996 No 4, Sch 1 [13]. |
Sec 29 | Rep 1996 No 4, Sch 1 [13]. Ins 1997 No 15, Sch 1 [2]. |
Part 5, Div 2 | Rep 1996 No 4, Sch 1 [13]. |
Secs 30–34 | Rep 1996 No 4, Sch 1 [13]. |
Sec 35 | Am 1988 No 131, Sch 12 (2). Rep 1996 No 4, Sch 1 [13]. |
Sec 36 | Rep 1996 No 4, Sch 1 [13]. |
Sec 37 | Rep 1996 No 4, Sch 1 [14]. Ins 1997 No 15, Sch 1 [3]. Am 2010 No 55, Sch 1 [5]. |
Sec 38 | Am 1981 No 34, Sch 1 (3); 1987 No 286, Sch 1 (3); 1996 No 4, Sch 1 [15]–[17]; 1997 No 15, Sch 1 [4]–[6]; 2010 No 55, Sch 1 [7]; 2024 No 24, Sch 1[3] [4]. |
Sec 40 | Am 1987 No 286, Sch 1 (4). Subst 1996 No 4, Sch 1 [18]. Rep 1997 No 15, Sch 1 [7]. |
Sec 42 | Subst 1987 No 286, Sch 1 (5); 1988 No 131, Sch 12 (3). Am 2007 No 58, Sch 1 [2]. |
Sec 42A | Ins 1999 No 39, Sch 3 [3]. |
Sec 43 | Am 1987 No 286, Sch 1 (6). |
Sec 44 | Am 2005 No 98, Sch 3.37 [1]. |
Sec 45 | Am 1987 No 286, Sch 1 (7); 1997 No 15, Sch 1 [8] [9]; 1999 No 39, Sch 3 [4] [5]; 2005 No 31, Sch 6 [2]. |
Sec 47A | Ins 1987 No 286, Sch 1 (8). |
Sec 48 | Am 1997 No 15, Sch 1 [10] [11]; 2007 No 58, Sch 1 [3]–[6]; 2010 No 55, Sch 1 [8]. |
Sec 49 | Subst 1997 No 15, Sch 1 [12]. Am 1999 No 39, Sch 3 [6]. |
Sec 50 | Am 1997 No 15, Sch 1 [13] [14]. |
Sec 51 | Am 1987 No 286, Sch 1 (9); 1996 No 4, Sch 1 [19] [20]; 1997 No 15, Sch 1 [15]. |
Sec 52 | Am 1996 No 4, Sch 1 [21]. |
Sec 53 | Am 1996 No 4, Sch 1 [22]. |
Part 7A | Ins 2008 No 24, Sch 1 [7]. |
Sec 53A | Ins 2008 No 24, Sch 1 [7]. Am 2010 No 55, Sch 1 [9]. |
Sec 53B | Ins 2008 No 24, Sch 1 [7]. Am 2010 No 55, Sch 1 [10]. |
Sec 53C | Ins 2008 No 24, Sch 1 [7]. |
Sec 54 | Subst 1987 No 286, Sch 1 (10). Am 2003 No 71, Sch 5 [1]. Subst 2024 No 24, Sch 1[7]. |
Secs 55A–55D | Ins 1987 No 286, Sch 1 (11). |
Sec 55DA | Ins 2004 No 102, Sch 1 [1]. |
Sec 55E | Ins 1987 No 286, Sch 1 (11). |
Sec 55F | Ins 2006 No 19, Sch 1 [1]. Am 2007 No 58, Sch 1 [7]. |
Sec 55G | Ins 2007 No 58, Sch 1 [8]. |
Sec 56 | Am 1987 No 286, Sch 1 (12). Subst 2006 No 19, Sch 1 [1]. |
Sec 57 | Am 1987 No 286, Sch 1 (13); 2000 No 31, Sch 8. |
Sec 57A | Ins 1996 No 4, Sch 2 [3]. |
Sec 58 | Am 1996 No 4, Sch 2 [4] [5]. |
Sec 60 | Am 1981 No 34, Sch 1 (4); 1996 No 4, Sch 1 [23]. |
Sec 61 | Am 1987 No 286, Sch 1 (14). Subst 1996 No 4, Sch 1 [24]. Am 1999 No 39, Sch 3 [7]. |
Sec 62 | Am 1987 No 286, Sch 1 (15). Subst 1996 No 4, Sch 1 [24]; 2010 No 55, Sch 1 [11]. |
Sec 62A | Ins 1996 No 4, Sch 1 [24]. Subst 2010 No 55, Sch 1 [12]. |
Sec 63 | Am 1987 No 286, Sch 1 (16); 1988 No 20, Sch 7 (1); 1990 No 108, Sch 1; 1996 No 4, Sch 2 [6]; 1999 No 39, Sch 3 [8] [9]. |
Sec 64 | Am 1981 No 34, Sch 1 (5); 1987 No 286, Sch 1 (17); 1996 No 4, Sch 1 [25]; 1999 No 39, Sch 3 [10]–[12]. |
Sec 65 | Am 1981 No 34, Sch 1 (6); 1987 No 286, Sch 2 (6). Rep 1988 No 20, Sch 7 (2). |
Sec 66 | Am 1981 No 34, Sch 1 (7); 1987 No 286, Sch 2 (7); 1988 No 20, Sch 7 (3). Subst 1996 No 4, Sch 2 [7]. Am 1999 No 39, Sch 3 [13]–[15]. |
Sec 67 | Subst 1990 No 51, Sch 2. |
Sec 67A | Ins 1987 No 286, Sch 1 (18). Am 1996 No 4, Sch 1 [26]; 1997 No 15, Sch 1 [16]. |
Sec 68 | Subst 1987 No 286, Sch 1 (19). Am 2001 No 85, Sch 4 [1]; 2003 No 13, Sch 1.15 [1]; 2003 No 71, Sch 5 [2]; 2011 No 62, Sch 3.17; 2016 No 61, Sch 6.28 [1]. |
Sec 68A | Ins 1987 No 286, Sch 1 (20). Am 1997 No 15, Sch 1 [17] [18]; 2001 No 85, Sch 4 [2]; 2003 No 13, Sch 1.15 [2]; 2004 No 102, Sch 1 [2] [3]; 2011 No 62, Sch 3.17; 2016 No 61, Sch 6.28 [2]. |
Sec 68B | Ins 1987 No 286, Sch 1 (20). Am 2004 No 102, Sch 1 [4] [5]. |
Sec 68C | Ins 2004 No 102, Sch 1 [6]. |
Sec 69 | Am 1987 No 286, Schs 1 (21), 2 (8); 1998 No 49, Sch 15; 2006 No 120, Sch 2.43; 2010 No 55, Sch 1 [13]–[15]; 2024 No 24, Sch 1[8]. |
Sec 69A | Ins 2010 No 55, Sch 1 [16]. Am 2024 No 24, Sch 1[8]. |
Sec 70 | Subst 2012 No 97, Sch 1.19. |
Sec 71 | Am 1987 No 286, Sch 2 (9); 1997 No 15, Sch 1 [19]; 1999 No 94, Sch 4.34; 2001 No 121, Sch 2.131 [3] [4]; 2003 No 71, Sch 5 [3]; 2007 No 94, Sch 2. |
Sec 72 | Am 1988 No 131, Sch 12 (4); 1996 No 4, Sch 2 [8]; 2010 No 55, Sch 1 [17]. |
Sec 72A | Ins 1987 No 286, Sch 1 (22). Am 2005 No 31, Sch 6 [3]. |
Sec 73 | Am 1996 No 4, Sch 1 [27]; 2008 No 24, Sch 1 [8]–[10]; 2010 No 55, Sch 1 [18] [19]. |
Sec 73A | Ins 2004 No 102, Sch 1 [7]. Am 2008 No 24, Sch 1 [11]; 2024 No 24, Sch 1[9] [10]. |
Sec 75 | Am 2024 No 24, Sch 1[11]. |
Sec 75A | Ins 1996 No 4, Sch 1 [28]. Am 2010 No 55, Sch 1 [20] (am 2011 No 41, Sch 5.14); 2012 No 60, Sch 9 [1] [2]; 2015 No 2, Sch 4.2; 2020 No 30, Sch 4.32. |
Sec 75B | Ins 1996 No 4, Sch 1 [28]. |
Sec 75C | Ins 2008 No 24, Sch 1 [12]. Am 2010 No 55, Sch 1 [21]. |
Sec 76 | Am 1987 No 286, Sch 2 (10); 2004 No 68, Sch 8 [3]. |
Sec 78 | Am 1980 No 27, Sch 2. Rep 1999 No 85, Sch 4. |
Sec 80 | Ins 2006 No 19, Sch 1 [2]. |
Sch 1 | Am GG No 68 of 24.6.1977, p 2528. Subst 1987 No 286, Sch 1 (23); GG No 150 of 20.12.1996, p 8550. Am 1999 No 39, Sch 3 [16]; 1999 No 94, Sch 4.124. Subst 2010 No 55, Sch 1 [22] (am 2013 No 1, Sch 1.14 [1]–[5]; 2013 No 4, Sch 2.11). Am 2012 No 8, Sch 2; 2014 No 58, Sch 2.3; 2016 No 61, Sch 6.28 [3]; 2017 No 53, Sch 4.22 [1] [2]; 2017 No 68, Sch 2.13; 2020 No 12, Sch 3.16. |
Sch 2 | Am GG No 68 of 24.6.1977, p 2528; 1978 No 155, Sch 4; GG No 86 of 20.6.1980, p 3127 (as on and from 1.7.1980); GG No 39 of 9.3.1984, p 1458; GG No 53 of 6.4.1984, p 1894; 1986 No 212, Sch 1. Subst 1987 No 286, Sch 1 (23). Am 1989 No 89, Sch 1; GG No 121 of 15.12.1989, p 10794; 1989 No 192, Sch 3; 1992 No 111, Sch 1; 1995 No 28, Sch 2.2. Subst GG No 150 of 20.12.1996, p 8550. Am 2002 No 42, Sch 4.6; 2005 No 98, Sch 3.37 [2]. Rep 2010 No 55, Sch 1 [22]. Ins 2010 No 55, Sch 1 [23] (am 2013 No 1, Sch 1.14 [6]). |
Sch 3 | Am GG No 86 of 20.6.1980, p 3128; GG No 67 of 8.5.1981, p 2538 (as on and from 1.7.1980). Subst 1987 No 286, Sch 1 (23). Am 1994 No 13, Sch 4; 1996 No 4, Sch 1 (29). Subst GG No 150 of 20.12.1996, p 8550. Rep 2010 No 55, Sch 1 [23]. |
Sch 5 | Rep 1999 No 85, Sch 4. |
Sch 6 | Rep 1980 No 27, Sch 2. |
Sch 7 | Rep 1999 No 85, Sch 4. |
Sch 8 | Am 1980 No 31, sec 3 (d); 1987 No 286, Sch 1 (24); 1996 No 4, Sch 2 [9] [10]; 1997 No 15, Sch 1 [20] [21]; 1999 No 39, Sch 3 [17] [18]; 2001 No 85, Sch 4 [3] [4]; 2004 No 102, Sch 1 [8] [9]; 2005 No 31, Sch 6 [4]; 2006 No 19, Sch 1 [3] [4]; 2007 No 58, Sch 1 [9] [10]; 2008 No 24, Sch 1 [13] [14]; 2012 No 60, Sch 9 [3]; 2010 No 55, Sch 1 [24] [25]; 2024 No 24, Sch 1[12]. |
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