Jury Regulation 2022

This Regulation is the Jury Regulation 2022.

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This Regulation repeals and replaces the Jury Regulation 2015, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

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—

as a full time, part time or casual employee,

as an independent contractor,

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.

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

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

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

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.

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

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—

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

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

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

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—

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

2 travel allowances calculated under Schedule 1, Part 2,

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.

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

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

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

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.

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—

the person’s employment status and income,

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

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

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

The sheriff may keep a jury roll in electronic form.

The Jury Regulation 2015 is repealed.

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.