Jury Regulation 2022 (NSW)

Name of Regulation

This Regulation is the Jury Regulation 2022.

Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Jury Regulation 2015, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

Definitions

In this Regulation—

attendance allowance—see section 7(1).

employed person means a person engaged in work in any of the following capacities at the time the person attends for jury service—

• (a)

  as a full time, part time or casual employee,

• (b)

  as an independent contractor,

• (c)

  as a self-employed person.

jury allowance—see section 7(1)(a).

place of residence, for a person, means the person’s place of residence as shown on a jury roll.

the Act means the Jury Act 1977.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Jury districts—the Act, s 9(1)

For the Act, section 9(2) and (3), the sheriff must determine jury districts in a way that ensures—

• (a)

  each person on the Electoral Information Register is included in one or more jury districts, and

• (b)

  each jury district includes, in the sheriff’s opinion, a sufficient number of persons qualified and liable to be called for jury service.

(2)

In this section—

Electoral Information Register has the same meaning as in the Electoral Act 2017, section 41(1).

jury district means a jury district for an electoral district, or part of an electoral district, determined and notified by the sheriff under the Act, section 9.

Additional jurors in criminal proceedings—the Act, s 19

For the Act, section 19(2)(b), a trial that the court estimates to take 2 weeks or longer is prescribed.

s 5: Am 2024 No 24, Sch 2.

Identity of certain principal witnesses must not be disclosed—the Act, s 38

For the Act, section 38(11)(b), jurors must not be informed of a principal witness’s identity under the Act, section 38(7)(a), (8)(a) or (9)(a) if the witness is, or was at the relevant time—

• (a)

  authorised to acquire or use an assumed identity under the Law Enforcement and National Security (Assumed Identities) Act 2010, or

• (b)

  approved to acquire or use an assumed identity under the Law Enforcement and National Security (Assumed Identities) Act 1998, or

• (c)

  a participant within the meaning of the Law Enforcement (Controlled Operations) Act 1997.

Amount of jury allowance—the Act, s 72(1)

For the Act, section 72(1), the amount a person is entitled to be paid for each day the person attends for jury service (a jury allowance) is determined as follows—

• (a)

  an attendance allowance calculated under Schedule 1, Part 1 (an attendance allowance),

• (b)

  2 travel allowances calculated under Schedule 1, Part 2,

• (c)

  if the judge or coroner releases the jury for lunch—$6.95 for lunch, unless the person accepts a free lunch provided by the court or coroner.

(2)

An employed person is entitled to an attendance allowance only if—

• (a)

  the person must pay the person’s employer the attendance allowance, or

• (b)

  the person’s income is reduced because of the jury service.

(3)

If subsection (2)(b) applies, the amount of the person’s attendance allowance must be reduced by an amount proportional to the amount by which the person’s income is reduced.

Sheriff may require information to determine attendance allowance—the Act, s 72(1)

For the Act, section 72(1), the sheriff may require a person to provide the following information for the purposes of determining the person’s entitlement to an attendance allowance—

• (a)

  the person’s employment status and income,

• (b)

  the effect of jury service on the person’s employment and income,

• (c)

  whether the person must pay the person’s employer the person’s jury allowance.

(2)

A person is not entitled to an attendance allowance if the person does not provide the information.

level

(Repealed)

s 9: Rep 2025 (79), Sch 1.

Sheriff may keep electronic jury rolls—the Act, s 76(1)

The sheriff may keep a jury roll in electronic form.

Repeal and savings(1)

The Jury Regulation 2015 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Jury Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Jury allowances

section 7

Part 1Attendance allowance

Column 1	Column 2	Column 3
Period of attendance	Allowance for a juror who is not an employed person	Allowance for a juror who is an employed person
Less than 4 hours, if the person is not selected for jury service	Nil	Nil
4 hours or more, if the person is not selected for jury service	$106.30	$106.30
Days 1–10	$106.30	$106.30
Day 11 and following days	$106.30	$247.40

Part 2Travel allowance

Column 1	Column 2
Distance between person’s place of residence and court or inquest	Allowance
14km or less	$4.35
More than 14km but less than 100km	30.7 cents/km
100km or more	$30.70

Historical notesTable of amending instruments

Jury Regulation 2022 (496). LW 26.8.2022. Date of commencement, on publication on LW, sec 2. This Regulation has been amended as follows—

2024	No 24	Jury Amendment Act 2024. Assented to 31.5.2024. Date of commencement of Sch 2, 10.3.2025, sec 2 and 2025 (55) LW 28.2.2025.
2025	(79)	Jury Amendment (Jury Allowance) Regulation 2025. LW 28.2.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments

Sec 5	Am 2024 No 24, Sch 2.
Sec 9	Rep 2025 (79), Sch 1.