Jury Act 1977 No 18

Currency

As amended to Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (No 53). Sch 4.22 commenced 24 September 2018. Current to 28 September 2018.

Jurisdiction

Section 71(1): Except to the extent that this Act otherwise provides, proceedings for offences against the Act shall be disposed of in a summary manner before the Local Court.

Section 71(1A): Proceedings for an offence under s 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.

Section 71(1B): If proceedings for an offence under s 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.

Section 71(2): Ch 5 of the CP Act (summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under s 68A.

Liability of directors

Section 70: If a corporation commits a “corporate offence” a director who aids, abets, counsels, procures, induces, conspires in the commission of the corporate offence is liable to the same penalty for the offence if committed by an individual.

Appeals

Section 15(1): A person aggrieved by a determination of the sheriff not to remove them from the jury roll/supplementary jury roll may appeal to the Local Court by lodging a notice of appeal with the registrar of that court within 21 days.

Section 15(2): If the person is summoned to attend for jury service within those 21 days and before the notice of appeal is lodged, the appeal is instead to be made to such judicial officer as may be specified in a notice attached to the summons.

Section 15(4)(a), (b), (c): If satisfied that the appellant is excluded, is entitled as of right to be exempted from serving as a juror and has duly claimed exemption, or should be exempted from jury service on a ground referred to in s 14(2) or (3) (permanent mental or physical impairment or shows good cause — s 14A generally defines what constitutes good cause — undue hardship or serious inconvenience, disability, conflict of interest or knowledge of the parties, or reason affecting ability to perform functions of a juror), the court shall allow the appeal and order the sheriff to delete that person from the jury roll or supplementary jury roll.

Section 15(5): If satisfied that the person, having been summoned for jury service, has good cause to be excused, excuse the person from attendance. Otherwise, the court shall disallow the appeal: s 15(6).

Persons who are excluded from jury service or entitled to be exempted from serving as jurors are as follows:

Schedule 1: Persons excluded from serving as jurors — s 6

1.

Persons having committed certain serious offences excluded from jury service for life

Offences punishable by life imprisonment, involving a terrorist act, under Pt 7 (public justice offences) Crimes Act 1900, sexual offences within the meaning of s 7 Criminal Records Act 1991.

2.

Persons serving or having served sentence of imprisonment

A person is excluded from jury service while serving a sentence of imprisonment, for 7 years after serving a sentence of less than 3 consecutive months, for 10 years after serving a sentence or sentences of 3 consecutive months or more. Sentence of imprisonment includes periodic detention, home detention, a suspended sentence (s 12 Crimes (Sentencing Procedure) Act 1992 No 92, including sentences of a similar nature served in other jurisdictions).

3.

Persons serving or having served a period of detention

A person detained in an institution for juvenile offenders is excluded from jury service for 3 years after expiry of the period of detention.

4.

Persons subject to certain orders and disqualifications or in custody

A person is excluded from jury service while subject to an apprehended violence order, community service order, extended supervision order, non-association order or prohibition order.

5.

Persons holding particular office

The Governor, judicial officers, members of the Executive Council, the Legislative Council or Legislative Assembly, the Ombudsman (including Deputy and Assistant), and for 3 years after ceasing to hold that office.

5A.

Persons who are Australian lawyers

Australian lawyers, whether or not an Australian legal practitioner.

6.

Persons employed or engaged in certain public sector occupations

Public Sector paralegals, staff of the Ombudsman, Director of Public Prosecutions, Crown Solicitor’s Office, NSW Police Force, Australian Federal Police, NSW Crime Commission, Australian Crime Commission, Police Integrity Commission, the Law Enforcement Conduct Commission, Independent Commission Against Corruption and for 3 years after ceasing such employment.

7.

Persons having access to information about inmates and other detainees

Officers or employees of the Department of Attorney General and Justice, State Parole Authority, Serious Offenders Review Council, Serious Young Offenders Review Panel, Probation and Parole Service, Justice and Forensic Mental Health Network, Mental Health Review Tribunal and for 3 years after ceasing such employment.

8.

Undischarged bankrupts

Schedule 2: Persons who have a right to claim exemption — s 7

1. 

Clergy

2. 

Vowed members of any religious order

3. 

Dentists

4. 

Pharmacists

5. 

Medical practitioners

6. 

Persons employed in the fire, ambulance rescue or other emergency service

7. 

A person who has served as a juror within the previous 3 years or who has attended prepared to serve, but did not serve within the previous 12 months

8. 

A person exempted under s 39 due to previous lengthy jury service

9. 

A person who resides with, and has the full-time care of, a person who is sick, infirm or disabled

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

SECTION DESCRIPTION PENALTY (MAX) TABLE
61(1)–(3) Fail to return questionnaire within time/return incomplete questionnaire/false/misleading information 10 pu  
62(1) Give false information when claiming disqualification from roll/as to unavailability 50 pu  
62(2) Cause/permit false/misleading representation to evade jury duty 50 pu  
62A Fail to inform sheriff of of exclusion from jury service 10 pu  
63(1) Fail to attend for jury service 20 pu  
67 Personate a juror 50 pu  
67A(1) Inspect panel or card prepared 10 pu  
68(1) Disclose any information likely to
disclose identification of juror
Corp $10,000*; Indiv 50 pu and/or 2 yrs  
68A(1) Solicit information/harass juror re jury deliberations 100 pu or 2 yrs

[7 yrs]

1
68B(1) Juror disclose information on jury deliberations 20 pu  
68B(2) Disclose information about jury deliberations for fee, etc 50 pu  
69(1) Employer dismiss employee because summoned to jury duty Corp 200 pu; Indiv 50 pu and/or 12 mths  
69(5) Employer fail to obey court order for reinstatement
of dismissed employee
Corp 200 pu; Indiv 50 pu and/or 12 mths  
69(7) Threats by employer to employee re jury service Corp 200 pu; Indiv 50 pu and/or 12 mths  
76 Regulations may create offences 5 pu  
*

Maximum penalty in the Local Court: s 71(1B).