Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Jury Act 1977.
JOHN HATZISTERGOS, MLCAttorney General
1 Name of Regulation
This Regulation is the Jury Regulation 2010.
2 Commencement
This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Jury Regulation 2004 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation:the Act means the Jury Act 1977.(2) Notes included in this Regulation do not form part of this Regulation.
4 Jury districts
(1) For the purposes of section 9 (2) of the Act, the sheriff, in determining the electoral districts and parts of electoral districts that are to comprise jury districts, must ensure that:(a) the address of each person whose name appears on an electoral roll is included in at least one jury district, and(b) there will, in the sheriff’s opinion, be a sufficient number of persons eligible to be called for jury service in each jury district.(2) The sheriff may keep jury district records in computerised form.
5 Identity of certain persons must not be disclosed
For the purposes of section 38 (11) (b) of the Act, the identity of a person who is a principal witness must not be disclosed under section 38 (7) (a), (8) (a) or (9) (a) of the Act if:(a) the person is an officer in respect of whom an assumed identity approval is in force under the Law Enforcement and National Security (Assumed Identities) Act 1998, or(b) the person is an officer in respect of whom an assumed identity approval was in force under the Law Enforcement and National Security (Assumed Identities) Act 1998 at the relevant time, or(c) the person is a participant in an authorised operation within the meaning of the Law Enforcement (Controlled Operations) Act 1997, or(d) the person was a participant in an authorised operation within the meaning of the Law Enforcement (Controlled Operations) Act 1997 at the relevant time.
6 Payment for jury service
(1) For the purposes of section 72 of the Act, if a person is entitled to be paid for attendance for jury service at a court or coronial inquest, the amount to be paid is to be calculated in accordance with this clause.(2) The amount is to be calculated as the sum of the following:(a) an attendance allowance calculated in accordance with the Table in Part 1 of Schedule 1,(b) the travelling allowance calculated in accordance with Part 2 of Schedule 1,(c) the refreshment allowance calculated in accordance with Part 3 of Schedule 1.(3) A person who is employed at the time the person is in attendance for jury service is entitled to an attendance allowance only if:(a) the person’s full wage, salary or income is reduced during that time as a result of the jury service and then only to the extent of the reduction, or(b) the person is not paid any of the wage, salary or income that the person would normally be entitled to during that time, or(c) the person is required to reimburse his or her employer the amount of the jury allowance.(4) The sheriff may require a person who claims or intends to claim a jury allowance to supply such information as the sheriff considers necessary to determine the amount of jury allowance, if any, to which the person is entitled.(5) In this clause and Schedule 1, a reference to a person or juror who is employed includes a reference to:(a) a person or juror who is a full-time, part-time or casual employee, and(b) a person or juror who is an independent contractor or a self-employed person.
7 Savings
Any act, matter or thing that, immediately before the repeal of the Jury Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Jury service allowances
(Clause 6)
Part 1 Attendance allowance
Column 1 | Column 2 | Column 3 |
Period of attendance | Daily allowance for juror who is not employed | Daily allowance for juror who is employed |
Attendance for less than 4 hours if person not selected for jury service | Nil | Nil |
Attendance for 4 hours or more if person not selected for jury service | $100 | $100 |
Attendance for days 1–10 | $100 | $100 |
Attendance for day 11 and onwards | $100 | $225 |
Part 2 Travelling allowance
On each day that a person is in attendance for jury service, the person is entitled to be paid as follows for one journey each way between the place of residence of that person, as shown on the jury roll, and the court or coronial inquest attended:(a) for a journey of not more than 14 kilometres—$4.30 each way,
(b) for a journey of more than 14 kilometres but not more than 100 kilometres—30.70 cents per kilometre each way,
(c) for a journey of 100 kilometres or more—$30.70 each way.
Part 3 Refreshment allowance
If a person serving as a juror is released by the judge or coroner during a luncheon adjournment, the juror is entitled to be paid a refreshment allowance of $6.60, but only if the juror does not accept any refreshment provided free of charge.