A decision by a Supreme Court judge to consent to or refuse a Sheriff's investigation under s 73A of the Jury Act 1977 (NSW) is an administrative act, not an exercise of judicial power, and accordingly no appeal lies from such a decision. However, judicial review under s 69 of the Supreme Court Act 1970 is available. There is no obligation to give reasons for such a refusal absent a statutory requirement or a request for reasons. The Court of Appeal may itself exercise the s 73A power to request an investigation. State administrative procedures for investigating juror eligibility may be exercised in relation to federal convictions without requiring a federal source of power.
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