Anonymity of jurors
49B Anonymity of jurors
(1) Except with the leave of the court, a person must not, during the course of proceedings, publish or otherwise disclose information that identifies, or is likely to identify, that person or any other person as a juror in those proceedings.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
in the case of a body corporate – 440 penalty units.
(2) A person must not publish or otherwise disclose information that identifies, or is likely to identify, another person as having been a juror in particular proceedings unless the other person has consented to the publication or disclosure of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
in the case of a body corporate – 440 penalty units.
(3) A person must not solicit or obtain information that identifies, or is likely to identify, another person as a juror, or as having been a juror, in particular proceedings with the intention of publishing or facilitating the publication of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
in the case of a body corporate – 440 penalty units.
(4) Subsections (1) and (2) do not prohibit publishing identifying information:
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
as part of a fair and accurate report of:
(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to a juror's identity; or
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i).
(5) Subsections (1) and (2) do not prohibit disclosing identifying information:
to a court; or
(b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or
(c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror's identity; or
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(f) to a legal practitioner for the purpose of obtaining advice in relation to a matter referred to in paragraph (a), (b), (c), (d) or (e); or
(g) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person's prior service as a juror.
(5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror.
Maximum penalty: 85 penalty units or imprisonment for 2 years.
(6) Subsection (3) does not prohibit soliciting or obtaining identifying information:
in the course of proceedings in a court;
by a Royal Commission, Commission of Inquiry or Board of Inquiry;
(c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to a juror's identity; or
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.
(7) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
(8) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose.
In this section:
health practitioner means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).
identifying information means information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings.
proceedings means criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section.
publish, in relation to information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public.
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