{"id":"juries-act-2000","name":"Juries Act 2000","slug":"juries-act-2000","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178296,"registerId":"vic-juries-act-2000-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to provide for the operation and administration of a system of trial by jury that—\n\n(a) equitably spreads the obligation of jury service amongst the community; and\n\n(b) makes juries more representative of the community; and\n\n(c) permits the timely adoption of new technologies for the selection of persons for jury service.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Section 1 and this section and Part 12 come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\nS. 2(3) amended by No. 78/2000 s. 12.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 August 2001, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***circuit town*** means a place, other than Melbourne, at which sittings of the Supreme Court or County Court are held;\n\n***civil trial*** means trial of an issue or assessment of damages before a court sitting in the exercise of a jurisdiction other than a criminal jurisdiction;\n\n***court*** means the Supreme Court or County Court;\n\nS. 3(1) def. of *criminal trial* amended by No. 68/2009 s. 97(Sch. item 73.1).\n\n***criminal trial*** means trial on indictment for an indictable offence or the trial of an issue by a court sitting in the exercise of a criminal jurisdiction and includes an investigation and a special hearing under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\n***Deputy Juries Commissioner*** means a Deputy Juries Commissioner employed under section 60(b) or a person referred to in section 61;\n\nS. 3(1) def. of *Electoral Commis-sioner* repealed by No. 23/2002 s. 195(1)(a).\n\nS. 3(1) def. of *identifying number* inserted by No. 38/2017 s. 3.\n\n***identifying number***, of a member of a panel, means the number contained in the document prepared under section 29(3) in respect of the member;\n\n***Juries Commissioner*** means the Juries Commissioner employed under section 60(a);\n\n***jury list*** means a list prepared under section 25;\n\n***jury roll*** means the roll prepared under section 19 for a jury district;\n\n***jury service period*** means the period for which the jury roll is prepared;\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 54.1), amended by No. 17/2014 s. 160(Sch. 2 item 53.1).\n\n***legal practitioner*** means an Australian legal practitioner;\n\n***panel*** means a group of persons attending for jury service that is selected or allocated in accordance with section 30 and from which a jury may be struck;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 91.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***pool*** means a group of persons attending for jury service that is constituted in accordance with section 29 and from which a panel may be constituted;\n\n***pool supervisor*** means the Juries Commissioner, a Deputy Juries Commissioner or a person appointed under subsection (2);\n\n***proper officer*** means the person authorised by a trial judge under section 30(4);\n\n***prothonotary*** means the prothonotary of the Supreme Court;\n\n***publish*** includes disseminate, broadcast and transmit;\n\n***questionnaire*** means the questionnaire referred to in section 20;\n\nS. 3(1) def. of *registered medical practitioner* amended by No. 97/2005 s. 182(Sch. 4 item 31(a)), substituted by No. 13/2010 s. 51(Sch. item 32).\n\n***registered medical practitioner*** means a person registered under  the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\nS. 3(1) def. of *registered psychologist* amended by No. 97/2005 s. 182(Sch. 4 item 31(b)), substituted by No. 13/2010 s. 51(Sch. item 32).\n\n***registered psychologist*** means a person registered under  the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\n\nS. 3(1) def. of *Secretary  \nto the Department  \nof Health* inserted by No. 29/2010 s. 62(1).\n\n***Secretary to the Department of Health*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health;\n\n***trial*** means civil trial or criminal trial;\n\nS. 3(1) def. of *Victorian Electoral Commission* inserted by No. 23/2002 s. 195(1)(b).\n\n***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**;\n\n***view*** includes inspection.\n\n(2) At any time, the Juries Commissioner may appoint a person to be in charge of, or assist with, a pool.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Selection to be random","content":"\t4 Selection to be random\n\nIf this Act requires that one or more persons be selected, the selection must be random.\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Liability for jury service","content":"Part 2—Liability for jury service\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Persons qualified and liable for jury service","content":"\t5 Persons qualified and liable for jury service\n\n(1) Subject to this Act, every person aged 18 years or above who is enrolled as an elector for the Legislative Assembly and Legislative Council is qualified and liable for jury service.\n\n(2) A person referred to in Schedule 1 is disqualified from jury service.\n\n(3) A person referred to in Schedule 2 is ineligible for jury service.\n\nS. 6 amended by No. 6/2018 s. 68(Sch. 2 item 74.1).\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Reasons for impeaching a verdict","content":"\t6 Reasons for impeaching a verdict\n\nThe fact that a person is disqualified from or is ineligible for jury service is not a ground for impeaching a verdict unless that fact is submitted before the person is sworn as a juror by taking an oath or making an affirmation.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Deferral of jury service","content":"\t7 Deferral of jury service\n\n(1) A person, or another person on their behalf, may—\n\n(a) after receipt of a questionnaire; or\n\n(b) at any time prior to becoming a member of a panel—\n\napply to the Juries Commissioner for deferral of jury service to another period within the next 12 months.\n\n(2) On an application under subsection (1), the Juries Commissioner may defer a person's jury service to a date within the next 12 months.\n\n(3) If the Juries Commissioner decides to refuse an application for deferral, the Juries Commissioner must notify the person in respect of whom the application was made.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Juries Commissioner may excuse for good reason","content":"\t8 Juries Commissioner may excuse for good reason\n\n(1) A person, or another person on their behalf, may, at any time before the person becomes a member of a panel, apply to the Juries Commissioner for the person to be excused from jury service for the whole or any part of the jury service period.\n\n(2) On an application under subsection (1), the Juries Commissioner may excuse a person from jury service for the whole or any part of the jury service period if satisfied that there is good reason for doing so.\n\n(3) For the purposes of subsection (2), good reason includes any of the following—\n\n(a) illness or poor health;\n\n(b) incapacity;\n\n(c) the distance to travel to the place at which the person would be required to attend for jury service is—\n\n(i) if the place is in Melbourne, over 50 kilometres; or\n\n(ii) if the place is outside Melbourne, over 60 kilometres;\n\n(d) travel to the place at which the person would be required to attend for jury service would take excessive time or cause excessive inconvenience;\n\n(e) substantial hardship to the person would result from the person attending for jury service;\n\n(f) substantial financial hardship would result from the person attending for jury service;\n\n(g) substantial inconvenience to the public would result from the person attending for jury service;\n\n(h) the person has the care of dependants and alternative care during the person's attendance for jury service is not reasonably available for those dependants;\n\n(i) the advanced age of the person;\n\n(j) the person is a practising member of a religious society or order the beliefs or principles of which are incompatible with jury service;\n\n(k) any other matter of special urgency or importance.\n\n(4) In order to excuse a person under this section, the Juries Commissioner must be satisfied—\n\nS. 8(4)(a) amended by No. 6/2018 s. 68(Sch. 2 item 74.2).\n\n(5) If the Juries Commissioner decides to refuse an application to be excused from jury service, the Juries Commissioner must notify the person in respect of whom the application was made.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Juries Commissioner may permanently excuse person","content":"\t9 Juries Commissioner may permanently excuse person\n\n(1) A person, or another person on their behalf, may apply to the Juries Commissioner for the person to be permanently excused from jury service.\n\n(2) An application may be made under this section at any time, whether or not the person in respect of whom it is made has been summoned for jury service.\n\n(3) On an application under subsection (1), the Juries Commissioner may permanently excuse a person from jury service if satisfied that there is good reason for doing so.\n\n(4) For the purposes of subsection (3), good reason includes, but is not limited to—\n\n(a) continuing poor health;\n\n(b) disability;\n\n(c) advanced age.\n\n(5) In order to excuse a person under this section, the Juries Commissioner must be satisfied—\n\nS. 9(5)(a) amended by No. 6/2018 s. 68(Sch. 2 item 74.2).\n\n(6) If the Juries Commissioner decides to refuse an application to be permanently excused from jury service, the Juries Commissioner must notify the person in respect of whom the application was made.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Appeal against decision of Juries Commissioner","content":"\t10 Appeal against decision of Juries Commissioner\n\nS. 10(1) substituted by No. 43/2002 s. 3.\n\n(1) A person aggrieved by a decision of the Juries Commissioner under section 7, 8 or 9 may appeal against the decision at any time before the person becomes a member of a panel.\n\n(2) An appeal must be lodged with the Juries Commissioner and shall be determined, in accordance with the rules, by the Supreme Court or the County Court.\n\n(3) The Supreme Court or County Court may extend the time within which an appeal may be instituted.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Court may excuse person from jury service","content":"\t11 Court may excuse person from jury service\n\n(1) A court may, by order, excuse a person from jury service—\n\n(a) for the whole or a part of a jury service period; or\n\n(b) for a longer period specified by the court; or\n\n(c) permanently.\n\n(2) A court may make an order under subsection (1)—\n\n(a) on an appeal under section 10; or\n\n(b) if the Juries Commissioner refers the matter to the court—\n\nif the court is satisfied that there is good reason for the person to be excused from jury service.\n\n(3) For the purposes of subsection (2), good reason includes the matters set out in section 8(3).\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Court may determine that a person not perform jury service","content":"\t12 Court may determine that a person not perform jury service\n\n(1) If a court thinks it is just and reasonable to do so, the court may, on its own motion, or on an application under subsection (2), order that a person not perform jury service—\n\n(a) for the whole or part of the jury service period; or\n\n(b) for a longer period specified by the court; or\n\n(c) permanently.\n\n(2) If the Juries Commissioner considers that a person may not be able to perform the duties of a juror, the Juries Commissioner may apply to a court for an order under subsection (1).\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Persons may be exempted from jury service in certain circumstances","content":"\t13 Persons may be exempted from jury service in certain circumstances\n\n(1) The Juries Commissioner may grant to a person who attends for jury service or serves on a jury an exemption from jury service for any period, not exceeding 3 years, that the Juries Commissioner thinks fit.\n\n(2) When a juror or a jury is discharged during or at the conclusion of a trial, the court may determine that the juror is, or jurors are, exempt from jury service—\n\n(a) if the trial has required the attendance of the juror or jurors for a lengthy period; or\n\n(b) for other good reason.\n\n(3) An exemption under subsection (2) is for the period specified by the court.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Juries Commissioner to be notified if court exempts or excuses from, or orders person not to perform, jury service","content":"\t14 Juries Commissioner to be notified if court exempts or excuses from, or orders person not to perform, jury service\n\nIf, under this Part, a court exempts or excuses a person from jury service or orders that a person not perform jury service, whether permanently or otherwise, the court must cause the Juries Commissioner to be notified of that fact and the period for which the person is exempted, excused or ordered not to perform jury service.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Person may waive exemption or excuse","content":"\t15 Person may waive exemption or excuse\n\nA person who has been—\n\n(a) exempted from jury service under section 13; or\n\n(b) excused from jury service under section 8 or 9—\n\nmay waive that exemption or excuse by written notice to the Juries Commissioner.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Court may enlarge jury list, pool or panel","content":"\t16 Court may enlarge jury list, pool or panel\n\n(1) A court may order that a jury list, pool or panel be enlarged.\n\n(2) If a court makes an order under subsection (1), it may direct the manner in which the persons may be summoned for jury service.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Reduction of jury list or pool","content":"\t17 Reduction of jury list or pool\n\n(1) If it appears to the Juries Commissioner, after the issue of summonses under section 27 but before the persons summoned attend for jury service, that, for any one or more days of their attendance, the number summoned is greater than the number that will actually be required, the Juries Commissioner may defer or cancel the jury service of all or a selected number of those persons.\n\n(2) If it appears that the number of persons attending for jury service at any sittings of a court exceeds the number reasonably required, the Juries Commissioner or the court may defer or cancel the jury service of all or a selected number of those persons.\n\n","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jury districts and jury rolls","content":"Part 3—Jury districts and jury rolls\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Jury districts","content":"\t18 Jury districts\n\n(1) There shall be a jury district for Melbourne and each circuit town.\n\nS. 18(2) amended by No. 43/2002 s. 4(a).\n\n(2) A jury district is the area of the State assigned in accordance with subsection (3).\n\nS. 18(3) amended by No. 43/2002 s. 4(b).\n\n(3) The Governor in Council—\n\nS. 18(3)(a) amended by No. 23/2002 s. 195(2).\n\n(a) on the recommendation of the Victorian Electoral Commission; and\n\n(b) after consultation with the Juries Commissioner; and\n\n(c) having regard to the needs of the courts in Melbourne or a circuit town, as the case requires, for jurors—\n\nshall, by order published in the Government Gazette, assign an area of the State as the jury district for that city or circuit town.\n\nS. 19 (Heading) inserted by No. 23/2002 s. 195(3).\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Preparation of jury rolls by the Victorian Electoral Commission","content":"\t19 Preparation of jury rolls by the Victorian Electoral Commission\n\nS. 19(1) amended by No. 23/2002 s. 195(4).\n\n(1) The Juries Commissioner—\n\n(a) must, at intervals of not more than 12 months; and\n\n(b) may at any shorter interval—\n\nnotify the Victorian Electoral Commission of the number of persons that the Juries Commissioner estimates will be required for jury service in a jury district.\n\nS. 19(2) amended by No. 23/2002 s. 195(4), substituted by No. 43/2002 s. 5(1) (as amended by No. 43/2002 s. 5(2)).\n\n(2) On receipt of a notification under subsection (1), the Victorian Electoral Commission must, as soon as practicable, select from the register of electors established and maintained under section 21 of the **Electoral Act 2002** the number of persons required for the jury service period who—\n\n(a) are enrolled in respect of an address in that jury district; and\n\n(b) are apparently qualified and liable for jury service.\n\nS. 19(3) amended by No. 23/2002 s. 195(4).\n\n(3) On completion of the selection under subsection (2), the Victorian Electoral Commission must, without delay, send to the Juries Commissioner a roll of the persons selected under subsection (2) and the address and date of birth of each person.\n\n(4) The roll referred to in subsection (3) is the jury roll for the jury district concerned until a new jury roll is prepared in accordance with this Act, despite any alteration in the boundaries of the jury district during the jury service period.\n\n(5) A person selected for the jury roll is not eligible to be selected again during the next 12 months or any longer period that the Juries Commissioner directs.\n\nS. 19(6) amended by No. 23/2002 s. 195(4).\n\n(6) The Juries Commissioner may provide to the Victorian Electoral Commission any information that the Juries Commissioner thinks relevant for the preparation of jury rolls.\n\n","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pre-selection of persons for jury service","content":"Part 4—Pre-selection of persons for jury service\n\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Questionnaire","content":"\t20 Questionnaire\n\nS. 20(1) amended by Nos 47/2021 s. 30A, 53/2000 s. 101(1)(a).\n\n(1) The Juries Commissioner must, from time to time, cause a questionnaire to be sent to—\n\n(a) all persons on a jury roll; or\n\n(b) as many persons selected from a jury roll as the Juries Commissioner thinks necessary—\n\nfor the purpose of determining their qualification and liability for jury service for the jury service period.\n\n(2) A person who receives a questionnaire referred to in subsection (1) must complete it in the manner specified and return it to the Juries Commissioner within 14 days after receipt or the time specified by the Juries Commissioner, whichever is later.\n\n(3) If a person fails to complete and return a questionnaire as required by this section, the person remains liable for jury service.\n\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Juries Commissioner to determine liability for jury service","content":"\t21 Juries Commissioner to determine liability for jury service\n\nOn receipt of a completed questionnaire from a person, the Juries Commissioner must determine the qualification and liability of the person for jury service.\n\n","sortOrder":24},{"sectionNumber":"Part 5","sectionType":"part","heading":"Summoning of jurors","content":"Part 5—Summoning of jurors\n\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Civil and criminal juries","content":"\t22 Civil and criminal juries\n\n(1) If a civil trial is to be tried by a jury, the jury is to comprise 6 jurors or, if the court makes an order in accordance with section 23, not more than 8 jurors.\n\n(2) A criminal trial is to be tried by a jury of 12 or, if the court makes an order in accordance with section 23, by a jury of not more than 15.\n\nS. 23 amended by No. 38/2017 s. 4 (ILA s. 39B(1)).\n\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Empanelment of additional jurors","content":"\t23 Empanelment of additional jurors\n\n(1) Before the jury is empanelled in a trial, the court may order the empanelment of—\n\n(a) in a criminal trial, up to 3 additional jurors; and\n\n(b) in a civil trial, up to 2 additional jurors.\n\nS. 23(2) inserted by No. 38/2017 s. 4.\n\n(2) In making an order under subsection (1), the court may consider—\n\n(a) the length of the trial; and\n\n(b) the nature of the trial; and\n\n(c) any other factor that may result in a juror being discharged during the trial.\n\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Fees for civil juries","content":"\t24 Fees for civil juries\n\n(1) A party requiring a civil case to be tried by a jury must pay the prescribed fee—\n\n(a) if the case is to be tried in the Supreme Court, to the prothonotary; and\n\n(b) if the case is to be tried in the County Court, to the registrar of that court.\n\n(2) The party that required a civil case to be tried by a jury must pay to the prothonotary or the registrar (as the case requires) the prescribed fee for a jury for the second and each subsequent day of the trial.\n\n(3) Subject to subsection (4), the fee required to be paid under this section for the second and each subsequent day of a trial must be paid before the trial resumes on the day in respect of which the fee is payable.\n\n(4) The court may extend the time for payment of a fee required to be paid for any day of a trial, but not beyond the end of that day.\n\n(5) If the prescribed fee is not paid by any party by the time required for payment, the court must discharge the jury and continue to hear and determine the case without a jury.\n\n(6) If, on the last day of a trial, the jury serves for more than 8 hours, the party that is required to pay the fees for the jury for that day must pay a further day's fee for the jury before the end of the next day on which the court is open for business.\n\n(7) If a party cancels a requirement for trial by a jury not less than 14 days before the trial is listed to commence, a refund of the fees paid under this section less prescribed administrative expenses may, on application, be made to the party and the Consolidated Fund is, to the necessary extent, appropriated accordingly.\n\n(8) No fees are payable if the court, on its own motion, orders that a jury is required in a civil trial.\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Preparation of jury list","content":"\t25 Preparation of jury list\n\n(1) The Juries Commissioner must, as often as necessary, prepare a list of persons selected from, or comprising, those recorded by the Juries Commissioner as liable for jury service in a jury district.\n\n(2) The list must include sufficient numbers of persons to constitute—\n\n(a) a panel to be summoned to a particular court; or\n\n(b) a pool from which persons may be selected and allocated for the purpose of striking juries for trials in one or more courts.\n\n(3) The list must contain the name, address, date of birth and, if known, the occupation of each person selected.\n\n(4) The Juries Commissioner may make any enquiries he or she considers necessary to determine whether—\n\n(a) a person included on a jury list is disqualified from, or ineligible for, jury service; or\n\n(b) information contained in a jury list is correct.\n\n(5) The Juries Commissioner may, at any time, amend a jury list to correct an error or to remove a person named on the jury list who is disqualified or ineligible to serve as a juror.\n\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Chief Commissioner of Police to make enquiries","content":"\t26 Chief Commissioner of Police to make enquiries\n\n(1) The Juries Commissioner must provide to the Chief Commissioner of Police a copy of each jury list.\n\n(2) The Chief Commissioner of Police—\n\n(a) must cause enquiries to be made as to whether a person named on the jury list has, or is alleged to have, committed an offence in Victoria in order to determine whether the person is disqualified under section 5(2) from jury service; and\n\n(b) may cause enquiries to be made as to whether a person named on the jury list has, or is alleged to have, committed an offence outside Victoria in order to determine whether the person is disqualified under section 5(2) from jury service—\n\nand report the result of those enquiries to the Juries Commissioner.\n\n(3) If an enquiry under subsection (2) reveals that a person named on a jury list is disqualified, the Juries Commissioner must remove the person's name from the list.\n\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Summons","content":"\t27 Summons\n\n(1) The Juries Commissioner must issue a summons to—\n\n(a) a sufficient number of persons selected from a jury list; or\n\n(b) all persons on a jury list.\n\n(2) A summons issued under subsection (1) must—\n\n(a) be addressed to the person at the address recorded in the jury list; and\n\nS. 27(2)(b) amended by No. 11/2021 s. 111(1).\n\n(b) specify the date, time and place at which the person is required to attend for jury service (whether in person or by audio link, audio visual link or other specified electronic means as set out in the summons); and\n\n(c) be served not less than 10 days before the person is required to attend for jury service.\n\nS. 27(2A) inserted by No. 11/2021 s. 111(2).\n\n(2A) For the purpose of subsection (2)(c) \"served\" includes being served with the summons by means of electronic communication if the person consents to receiving the summons by electronic communication.\n\n(3) The Juries Commissioner may—\n\n(a) recall and cancel a summons; and\n\n(b) issue a fresh summons for the same purpose as that for which the recalled summons was issued.\n\nS. 27(4)–(9) inserted by No. 47/2021 s. 30B(1), repealed by No. 53/2000 s. 101(1)(b).\n\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Attendance for jury service","content":"\t28 Attendance for jury service\n\n(1) A person shall not be compelled to attend for jury service for more than 5 consecutive court days unless—\n\n(a) on the last of those days, the trial in which the person is serving  as juror has not concluded; or\n\n(b) in special circumstances, the court otherwise orders.\n\n(2) A person—\n\n(a) who does not attend for jury service when summoned; or\n\n(b) whose jury service is deferred or cancelled under section 17—\n\nremains liable for jury service.\n\n","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Jury trials","content":"Part 6—Jury trials\n\nS. 29  \n(Heading) inserted by No. 38/2008 s. 4(1).\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Jury pools","content":"\t29 Jury pools\n\n(1) On the day and at the time named in the summons or the day and time to which jury service has been deferred, the person named in the summons must attend the place referred to in the summons unless the person's service is further deferred or cancelled under section 17.\n\n(2) A pool of persons attending for jury service is in the charge and under the control of the Juries Commissioner and pool supervisors, subject to the general control and direction of the court.\n\nS. 29(2A) inserted by No. 11/2021 s. 112.\n\n(2A) For the purposes of subsections (1) and (2), \"attend\" includes attendance by audio link, audio visual link or other specified electronic means—\n\n(a) as set out in the summons; or\n\n(b) in accordance with a direction given by the Juries Commissioner or a pool supervisor.\n\nS. 29(3) substituted by No. 38/2017 s. 5(1).\n\n(3) For each person called to a pool, the Juries Commissioner must cause to be prepared a document bearing—\n\n(a) a number that identifies the person; and\n\n(b) the occupation of the person; and\n\n(c) the name of the person.\n\nS. 29(3A) inserted by No. 26/2012 s. 19, repealed by No. 38/2017 s. 5(2).\n\n(4) The Juries Commissioner or a pool supervisor may require a person called to a pool to produce evidence of his or her identity.\n\nS. 29(4A) inserted by No. 79/2006 s. 27.\n\n(4A) The Juries Commissioner or a pool supervisor may enquire of persons called to a pool as to their availability for particular lengths of trials.\n\nS. 29(4B) inserted by No. 38/2008 s. 4(2).\n\n(4B) The Juries Commissioner may exclude a person from a pool if the Juries Commissioner is satisfied that the person is unavailable to sit on a trial due to the likely length of the trial.\n\nS. 29(4C) inserted by No. 38/2008 s. 4(2).\n\n(4C) In order to exclude a person under subsection (4B), the Juries Commissioner must be satisfied—\n\nS. 29(4C)(a) amended by No. 6/2018 s. 68(Sch. 2 item 74.2).\n\nS. 29(4D) inserted by No. 38/2008 s. 4(2).\n\n(4D) A person excluded under subsection (4B) may be allocated to another pool for jury service.\n\nS. 29(5) amended by Nos 79/2006 s. 28(1), 38/2008 s. 4(3), 38/2017 s. 5(3).\n\n(5) The persons documented under subsection (3) and who have not been excluded under subsection (4B) constitute a pool from which persons may be selected or allocated to constitute a panel.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Selection of panels","content":"\t30 Selection of panels\n\n(1) A trial judge must cause a pool supervisor to be notified when a panel is required by the court.\n\n(2) The pool supervisor must then either—\n\nS. 30(2)(a) amended by No. 79/2006 s. 28(2).\n\n(a) select from a pool or pools a sufficient number of persons to empanel a jury for that trial; or\n\nS. 30(2)(b) amended by No. 79/2006 s. 28(3).\n\n(b) allocate all of a pool.\n\nS. 30(2A) inserted by No. 11/2021 s. 113.\n\n(2A) To avoid doubt, for the purposes of subsection (2), a pool is not required to be physically present.\n\n(3) The persons selected or allocated constitute the panel for that trial.\n\nS. 30(4) amended by No. 26/2012 s. 20.\n\n(4) The trial judge must authorise a person to assist in the calling of the panel and the selection of the jury.\n\nS. 30(5) inserted by No. 79/2006 s. 29(1).\n\n(5) The proper officer may split the panel into two or more parts if he or she considers that it is not practicable for the whole panel to be present in the court at the one time or that it is expedient to do so for any other reason.\n\nS. 30A inserted by No. 38/2017 s. 6.\n\n","sortOrder":35},{"sectionNumber":"30A","sectionType":"section","heading":"Panel members to be identified by number","content":"\t30A Panel members to be identified by number\n\n(1) Subject to subsection (2), a panel member must be identified in court by the member's identifying number.\n\n(2) If the court considers that it is in the interests of justice to identify members of the panel by name, the court may, either before or after the panel, or the first part of a split panel, is present in the court, direct that members of the panel be identified by name.\n\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Calling of panel","content":"\t31 Calling of panel\n\nS. 31(1) amended by Nos 43/2002 s. 6, 79/2006 s. 29(2).\n\n(1) When the panel, or a part of a split panel, is present in the court, the proper officer may, if so directed by the court—\n\nS. 31(1)(a) substituted by No. 38/2017 s. 7(1)(a).\n\n(a) call out their identifying numbers or, if the court makes a direction under section 30A(2), their names, one after another; and\n\nS. 31(1)(b) amended by No. 38/2017 s. 7(1)(b).\n\n(b) document those who answer to their identifying numbers or names.\n\nS. 31(2) amended by Nos 79/2006 s. 30(1), 38/2017 s. 7(2).\n\n(2) If panel members are to be identified by their names and 2 or more persons have the same name, the proper officer must call out their occupations and if 2 or more persons have the same name and occupation, the proper officer must call out their identifying numbers.\n\nS. 31(3) amended by No. 79/2006 ss 29(3), 30(2), repealed by No. 38/2017 s. 7(3).\n\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Information for panel","content":"\t32 Information for panel\n\n(1) The court must inform the panel, or cause them to be informed, of the following information—\n\n(a) the type of action or charge;\n\n(b) the name of the accused in a criminal trial or the names of the parties in a civil trial;\n\n(c) the names of the principal witnesses expected to be called in the trial;\n\n(d) the estimated length of the trial;\n\n(e) any other information that the court thinks relevant.\n\n(2) The court must then call on persons on the panel to seek to be excused from jury service on the trial.\n\n(3) The court may excuse a person from jury service on the trial if the court is satisfied that the person—\n\n(a) will be unable to consider the case impartially; or\n\n(b) is unable to serve for any other reason.\n\nS. 32(4) amended by No. 26/2012 s. 21.\n\n(4) Unless the court otherwise orders, a person excused from jury service under subsection (3) must return to the jury pool at the completion of the swearing in of the jury, and may be selected or allocated to a panel in another trial.\n\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Procedure for selecting jury in civil trials","content":"\t33 Procedure for selecting jury in civil trials\n\nS. 33(1) amended by No. 38/2017 s. 8(1).\n\n(1) After the procedure set out in section 32 has been completed in a civil trial, the proper officer must—\n\nS. 33(1)(a) substituted by No. 38/2017 s. 8(2).\n\n(a) select persons from the panel and call out—\n\n(i) the identifying number and occupation of those persons; or\n\n(ii) if a direction has been made under section 30A(2), the name and occupation of those persons and, if there are 2 or more persons with the same name and occupation, their identifying number—\n\nuntil a sufficient number, after allowing for all challenges for cause that have been upheld, is selected; and\n\n(b) make a list of the persons selected; and\n\nS. 33(1)(c) amended by No. 38/2017 s. 8(3).\n\n(c) provide the list—\n\n(i) first, to the plaintiff or petitioner; and\n\n(ii) next, to the defendant or respondent—\n\nwho may each strike from the list the identifying number or name of any person to whom they object in accordance with section 35.\n\nS. 33(2) amended by No. 38/2017 s. 8(4).\n\n(2) The persons whose identifying numbers or names remain on the list are the jury to try the issues in the trial.\n\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Challenges for cause in civil trials","content":"\t34 Challenges for cause in civil trials\n\nIn a civil trial, the number of potential jurors that each party may challenge for cause is unlimited.\n\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Peremptory challenges in civil trials","content":"\t35 Peremptory challenges in civil trials\n\nS. 35(1) amended by No. 38/2017 s. 9(1).\n\n(1) In a civil trial, each party is allowed to challenge peremptorily 2 potential jurors.\n\nS. 35(2) amended by No. 38/2017 s. 9(2).\n\n(2) A peremptory challenge in a civil trial is made by striking the identifying number or name of the potential juror from the list of persons selected under section 33.\n\n(3) If several plaintiffs or defendants are represented in a civil trial by the same legal practitioner, they must, for the purpose of a peremptory challenge, be deemed to be one plaintiff or defendant, as the case requires.\n\n(4) If several plaintiffs or defendants are not represented in a civil trial by the same legal practitioner—\n\n(a) they may consent to join in their peremptory challenges;\n\n(b) if they do not consent, each is allowed to challenge peremptorily as provided by subsection (1).\n\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Procedure for selecting jury in criminal trials","content":"\t36 Procedure for selecting jury in criminal trials\n\nS. 36(1) substituted by No. 38/2017 s. 10.\n\n(1) After the procedure set out in section 32 has been completed in a criminal trial, the proper officer must select persons from the panel and call out—\n\n(a) the identifying number and occupation of those persons; or\n\n(b) if a direction has been made under section 30A(2), the name and occupation of those persons and, if there are 2 or more persons with the same name and occupation, their identifying number—\n\nuntil the required number, after allowing for all challenges for cause that have been upheld and each arraigned person's right of challenge under section 39, is selected.\n\n(2) The persons selected are the jury to try the issues in the trial.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Challenges for cause in criminal trials","content":"\t37 Challenges for cause in criminal trials\n\nIn a criminal trial, the number of potential jurors that each person arraigned or the Crown may challenge for cause is unlimited.\n\nS. 37A inserted by No. 11/2021 s. 114.\n\n","sortOrder":43},{"sectionNumber":"37A","sectionType":"section","heading":"Trial judge may direct manner of requirement to stand aside or peremptory challenges","content":"\t37A Trial judge may direct manner of requirement to stand aside or peremptory challenges\n\n(1) The trial judge may direct that a requirement to stand aside or a peremptory challenge is to be conducted, as the judge considers appropriate—\n\n(a) in the court as the potential juror comes to take the juror's seat and before they take it; or\n\n(b) in accordance with a direction to move given to the potential juror.\n\n(2) Only one kind of direction under subsection (1)(a) or (b) may be given to a potential juror in respect of both a requirement to stand aside and a peremptory challenge.\n\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Crown right to stand aside jurors in criminal trials","content":"\t38 Crown right to stand aside jurors in criminal trials\n\n(1) The Crown may require to stand aside—\n\nS. 38(1)(a) amended by No. 38/2017 s. 11(1).\n\n(a) 3 potential jurors, if only 1 person is arraigned in the trial; or\n\nS. 38(1)(b) substituted by No. 38/2017 s. 11(2).\n\n(b) 2 potential jurors for each person arraigned in the trial, if 2 or more persons are arraigned.\n\nS. 38(1)(c) repealed by No. 38/2017 s. 11(3).\n\nS. 38(2) substituted by No. 11/2021 s. 115(1).\n\n(2) The requirement to stand aside must be made—\n\n(a) as the potential juror comes to take the juror's seat and before they take it; or\n\n(b) if a direction to move is given in accordance with section 39A, as the potential juror moves in accordance with that direction to move.\n\nS. 38(3) substituted by No. 79/2014 s. 50.\n\n(3) A potential juror who has been required to stand aside by the Crown under this section—\n\n(a) must not be empanelled on the jury in that trial; and\n\nS. 38(3)(b) substituted by No. 11/2021 s. 115(2).\n\n(b) unless the court otherwise orders, must return to the jury pool and may be selected or allocated to a panel in another trial.\n\nS. 38(4) repealed by No. 79/2014 s. 50.\n\n(5) This section does not apply to an investigation under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Peremptory challenges in criminal trials","content":"\t39 Peremptory challenges in criminal trials\n\n(1) Each person arraigned is allowed to challenge peremptorily—\n\nS. 39(1)(a) amended by No. 38/2017 s. 12(1).\n\n(a) 3 potential jurors, if only 1 person is arraigned in the trial; or\n\nS. 39(1)(b) substituted by No. 38/2017 s. 12(2).\n\n(b) 2 potential jurors, if 2 or more persons are arraigned in the trial.\n\nS. 39(1)(c) repealed by No. 38/2017 s. 12(3).\n\nS. 39(2) substituted by No. 11/2021 s. 116(1).\n\n(2) In a criminal trial, each peremptory challenge must be made—\n\n(a) as the potential juror comes to take the juror's seat and before they take it; or\n\n(b) if a direction to move is given in accordance with section 39A, as the potential juror moves in accordance with that direction to move.\n\nS. 39(2A) inserted by No. 37/2017 s. 21.\n\n(2A) Each person arraigned must be given a reasonable opportunity to make each peremptory challenge that is allowed under subsection (1).\n\nS. 39(2B) inserted by No. 37/2017 s. 21, amended by No. 11/2021 s. 116(2).\n\n(2B) Without limiting subsection (2A), each person arraigned must be given an adequate opportunity to view the face of the potential juror before the potential juror is seated or finishes moving in accordance with the direction to move.\n\nS. 39(2C) inserted by No. 37/2017 s. 21.\n\n(2C) Nothing in this section requires a potential juror to walk past each person arraigned.\n\nThe procedure of requiring potential jurors to walk past each person arraigned is known as a jury parade.\n\nS. 39(3) substituted by No. 38/2017 s. 12(4).\n\n(3) The court must allow a peremptory challenge to be made in the following ways—\n\n(a) by the person arraigned;\n\n(b) by a legal practitioner who represents the person arraigned;\n\n(c) by a clerk of a legal practitioner who represents the person arraigned.\n\n(4) This section does not apply to an investigation under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\nS. 39A inserted by No. 11/2021 s. 117.\n\n","sortOrder":46},{"sectionNumber":"39A","sectionType":"section","heading":"Trial judge may direct potential juror to move","content":"\t39A Trial judge may direct potential juror to move\n\nA trial judge may direct a potential juror to move in a particular direction to distinguish the potential juror from other potential jurors—\n\n(a) to enable the Crown to consider whether to require the potential juror to stand aside in accordance with section 38; and\n\n(b) to enable each person arraigned adequate time and reasonable opportunity to view the face of the potential juror to consider whether to challenge peremptorily the potential juror in accordance with section 39.\n\n**Example**\n\nStanding and then being seated again or moving towards a particular place in the room.\n\n","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Determination of challenges for cause","content":"\t40 Determination of challenges for cause\n\n(1) A challenge to a potential juror for cause must be tried by the judge before whom the jury is being empanelled.\n\n(2) If a challenge to a potential juror for cause is upheld, the person challenged must not be empanelled on the jury in that trial.\n\n(3) Unless the court otherwise orders, a potential juror in respect of whom a challenge for cause has been upheld must return to the jury pool and may be selected or allocated to a panel in another trial.\n\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Supplementary jurors","content":"\t41 Supplementary jurors\n\n(1) If a trial is likely to be delayed because there is an insufficient number of persons available for the selection of a jury, the court may, on its own motion or on application by a party, direct the Juries Commissioner to supplement a panel by selecting a sufficient number from among persons who are qualified and liable for jury service and instructing them to attend for jury service.\n\n(2) The number of persons to be selected, and the method of selection, is as directed by the court.\n\n(3) The persons instructed under this section to attend for jury service become members of the panel from which the jury for the trial is to be selected.\n\nS. 41A inserted by No. 11/2021 s. 118.\n\n","sortOrder":49},{"sectionNumber":"41A","sectionType":"section","heading":"Persons not required to be physically present together","content":"\t41A Persons not required to be physically present together\n\nNothing in sections 29 to 41 requires all persons involved in any process or procedure under those sections to be physically present together in the same room or place.\n\nS. 42 amended by No. 6/2018 s. 68(Sch. 2 item 74.3).\n\n","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Swearing of jury","content":"\t42 Swearing of jury\n\nOn being empanelled, jurors must take an oath or make an affirmation in open court in the form of Schedule 3 applicable to the case.\n\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Judge may discharge juror","content":"\t43 Judge may discharge juror\n\nA judge may, during a trial, discharge a juror without discharging the whole jury if—\n\n(a) it appears to the judge that the juror is not impartial; or\n\n(b) the juror becomes incapable of continuing to act as a juror; or\n\n(c) the juror becomes ill; or\n\n(d) it appears to the judge that, for any other reason, the juror should not continue to act as a juror.\n\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Continuation of trial with reduced jury","content":"\t44 Continuation of trial with reduced jury\n\n(1) Subject to subsections (2) and (3), if a juror dies or is discharged during a trial, the judge may direct that the trial shall continue with the remaining jurors.\n\n(2) A civil trial cannot continue with less than 5 jurors.\n\n(3) A criminal trial cannot continue with less than 10 jurors.\n\n(4) The verdict of the remaining jurors is a sufficient verdict.\n\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Court may order view in civil trials","content":"\t45 Court may order view in civil trials\n\n(1) If, during a civil trial, the judge considers it desirable for the jury to view a particular place or object, the judge may order a view and may give any necessary directions for that purpose.\n\n(2) The validity of the proceeding is not affected by a failure to comply with any direction given under subsection (1) but if the fact is discovered before the verdict is given, the court may discharge the jury and direct that a new trial shall take place.\n\n(3) If a party to a civil trial applies for a view, the party must pay to the Juries Commissioner the expenses of the view determined by the Juries Commissioner.\n\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Failure to reach unanimous verdict in criminal trials","content":"\t46 Failure to reach unanimous verdict in criminal trials\n\n(1) In this section, ***majority verdict*** means—\n\n(a) if, at the time of returning its verdict, the jury consists of 12 jurors—a verdict on which 11 of them agree;\n\n(b) if, at the time of returning its verdict, the jury consists of 11 jurors—a verdict on which 10 of them agree;\n\n(c) if, at the time of returning its verdict, the jury consists of 10 jurors—a verdict on which 9 of them agree.\n\nS. 46(2) amended by No. 37/2017 s. 22(1).\n\n(2) If, after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial, a jury in a criminal trial—\n\n(a) is unable to agree on its verdict; or\n\n(b) has not reached a unanimous verdict—\n\nthe court may discharge the jury or, subject to subsection (4), take a majority verdict as the verdict of the jury.\n\nS. 46(3) repealed by No. 37/2017 s. 22(2).\n\nS. 46(4) amended by No. 61/2001 s. 15(1).\n\n(4) A verdict that the accused is guilty or not guilty of murder or treason or an offence against section 71 or 72 of the **Drugs, Poisons and Controlled Substances Act 1981** or an offence against a law of the Commonwealth must be unanimous.\n\n(5) If in a criminal trial—\n\n(a) it is possible for a jury to return a verdict of not guilty of the offence charged but guilty of another offence with which the accused has not been charged; and\n\n(b) the jury reaches a verdict (unanimously or by majority verdict) that the accused is not guilty of the offence charged; and\n\nS. 46(5)(c) amended by No. 37/2017 s. 22(3).\n\n(c) the jury is unable to agree on its verdict on the alternative offence after deliberating for a period of time that the court thinks is reasonable, having regard to the nature and complexity of the trial—\n\na majority verdict on the alternative offence may be taken as the verdict of the jury.\n\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Failure to reach unanimous verdict in civil trials","content":"\t47 Failure to reach unanimous verdict in civil trials\n\nS. 47(1) substituted by No. 43/2002 s. 7.\n\n(1) In this section, ***majority verdict*** means—\n\n(a) if, at the time of returning its verdict, the jury consists of 6 jurors—a verdict on which 5 of them agree;\n\n(b) if, at the time of returning its verdict, the jury consists of 5 jurors—a verdict on which 4 of them agree.\n\nS. 47(2) substituted by No. 43/2002 s. 7.\n\n(2) If the jury in a civil trial has not reached a unanimous verdict after at least 3 hours deliberation, the court may, subject to subsection (3), take a majority verdict as the verdict of the jury.\n\nS. 47(2A) inserted by No. 43/2002 s. 7.\n\n(2A) If, after deliberating for at least 6 hours, the jury in a civil trial is unable to agree on a majority verdict, the judge may discharge the jury.\n\n(3) A court must refuse to take a majority verdict if it considers that the jury has not had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.\n\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Ballot where additional jurors on jury","content":"\t48 Ballot where additional jurors on jury\n\n(1) If—\n\n(a) in a criminal trial, more than 12 jurors; or\n\n(b) in a civil trial, more than 6 jurors—\n\nhave been empanelled and remain at the time at which the jury is required to retire to consider its verdict, a ballot must be conducted by selecting the number of jurors necessary to reduce the jury to 12 or 6, as the case requires, before the jury retires to consider its verdict.\n\n(2) If the foreperson is selected in the ballot, that selection is to be disregarded and the foreperson remains on the jury.\n\nS. 48(3) amended by No. 68/2009 s. 97(Sch. item 73.2).\n\n(3) If a criminal trial is not concluded after the verdict is given (whether because it is not in respect of all the accused or not in respect of all the charges on the indictment), the jurors selected in the ballot must then return to the jury, and continue as part of it, for the continuation of the trial.\n\n(4) A fresh ballot must be conducted each time the jury is required to retire to consider its verdict.\n\n(5) Subject to subsections (2) and (3), the jurors who are selected in the ballot must be discharged but remain liable for further jury service, unless the court otherwise orders.\n\n(6) The jurors who, after a ballot, remain on the jury until a verdict has been given or until the jurors are discharged, remain liable for further jury service, unless the court otherwise orders.\n\nS. 49 amended by No. 6/2018 s. 68(Sch. 2 item 74.5).\n\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Oath or affirmation for jurykeeper","content":"\t49 Oath or affirmation for jurykeeper\n\nIf a jurykeeper is required in a trial, the jurykeeper must take an oath or make an affirmation in the form of Schedule 4.\n\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Court may allow jury to separate after retiring to consider verdict","content":"\t50 Court may allow jury to separate after retiring to consider verdict\n\n(1) Subject to subsection (2) but despite any rule of law or practice to the contrary, the court may—\n\n(a) allow the jury to separate; or\n\n(b) allow an individual juror to separate from the jury if, in the opinion of the court, there is good reason to do so—\n\nafter the jury has retired to consider its verdict and before the verdict is given or the jurors are discharged.\n\nS. 50(2) amended by No. 6/2018 s. 68(Sch. 2 item 74.6).\n\n(2) A court may allow a jury or juror to separate in accordance with subsection (1) only if each separating juror has taken an oath or made an affirmation in the form of Schedule 5.\n\n","sortOrder":59},{"sectionNumber":"Part 7","sectionType":"part","heading":"Remuneration and allowances for jury service","content":"Part 7—Remuneration and allowances for jury service\n\n","sortOrder":60},{"sectionNumber":"51","sectionType":"section","heading":"Remuneration and allowances for jury service","content":"\t51 Remuneration and allowances for jury service\n\nS. 51(1) amended by No. 38/2008 s. 5(1).\n\n(1) Subject to subsections (2) and (3), the rate of remuneration and allowances fixed for the time being under subsection (4) shall be paid to—\n\n(a) each person who has attended for jury service in response to a summons; and\n\n(b) each person who has attended court in response to selection under section 41 to supplement a panel—\n\nwhether or not the person has actually served as a juror.\n\n(2) A person who attends for jury service and is excused is not to be paid any remuneration or allowances if—\n\n(a) the person was aware of a circumstance that may constitute a reason for excusal under this Act and the person did not apply to the Juries Commissioner to be excused from jury service at the first reasonable opportunity after becoming aware of the circumstance; or\n\n(b) the person knowingly made an untrue or misleading statement in the questionnaire he or she returned to the Juries Commissioner.\n\nS. 51(3) amended by No. 38/2008 s. 5(2).\n\n(3) If a juror is not required to attend during the course of a trial, the judge may direct that the juror be paid remuneration and allowances at the rate fixed for the time being under subsection (4) for any day on which the juror is not required to attend court—\n\n(a) to a maximum of 5 days for each 40 days on which the juror has attended court, whether or not the juror has lost income as a result of serving as a juror; and\n\n(b) for any further days in respect of which the juror has lost income as a result of serving as a juror.\n\nS. 51(4) inserted by No. 38/2008 s. 5(3).\n\n(4) The Minister, by notice published in the Government Gazette, must fix the rate of remuneration and allowances to be paid under this section.\n\nS. 51(5) inserted by No. 38/2008 s. 5(3).\n\n(5) A notice under subsection (4)—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances.\n\nS. 51(6) inserted by No. 38/2008 s. 5(3).\n\n(6) A notice under subsection (4) takes effect on the day on which it is published in the Government Gazette or, if a later day is specified in the notice, on that day.\n\nS. 51(7) inserted by No. 38/2008 s. 5(3).\n\n(7) A notice under subsection (4) may be amended or revoked in the same manner as that in which it was made.\n\n","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Employer to make up pay","content":"\t52 Employer to make up pay\n\n(1) In this section and section 53, ***employee*** does not include an independent contractor.\n\n(2) Despite any inconsistent term in a contract of employment, an employee who has been summoned for jury service and who has attended court, whether or not he or she has actually served on a jury, is entitled to be reimbursed by his or her employer an amount equal to the difference between the amount of remuneration paid under section 51 and the amount that he or she could reasonably expect to have received from the employer as earnings for that period had he or she not been performing jury service.\n\n","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"Employee must notify employer of date etc. of jury service","content":"\t53 Employee must notify employer of date etc. of jury service\n\nAn employee must—\n\n(a) notify his or her employer as soon as possible of the date on which he or she is required to attend for jury service; and\n\n(b) give his or her employer written details of—\n\n(i) the date on which the employee attended for jury service; and\n\n(ii) the duration of the period of jury service; and\n\n(iii) any remuneration paid to the employee under section 51; and\n\n(c) give his or her employer any other information as directed by the Juries Commissioner.\n\n","sortOrder":63},{"sectionNumber":"Part 8","sectionType":"part","heading":"Compensation of jurors","content":"Part 8—Compensation of jurors\n\nS. 54 amended by No. 67/2013 s. 649(Sch. 9 item 20(1)), substituted by No. 5/2021 s. 48.\n\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Definitions","content":"\t54 Definitions\n\nIn this Part—\n\n***Authority***  means the Victorian Workcover Authority under the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\n***provisional payments*** means payments provided for under—\n\n(a) Division 10 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013**; and\n\n(b) Division 2BA of Part IV of the **Accident Compensation Act 1985**.\n\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Compensation for injury during jury service","content":"\t55 Compensation for injury during jury service\n\n(1) If a person suffers personal injury arising out of or in the course of jury service, compensation is to be paid in accordance with this Part.\n\n(2) An injury is deemed to arise out of or in the course of a person's jury service if the injury occurs while the person—\n\n(a) is in attendance at a pool of jurors or at a court or place, in response to a summons or other lawful direction; or\n\n(b) having been present at a pool of jurors, court or place on a day, is temporarily absent on that day from the pool, court or place during an adjournment of the court or with the express permission of the court or the Juries Commissioner and, during the absence, does not voluntarily subject himself or herself to any abnormal risk of injury; or\n\n(c) is travelling between his or her place of residence, business or employment and the pool, court or place where the person is required to attend for jury service, but not during or after a break in the person's journey which the Authority, the County Court or the Magistrates' Court considers would ordinarily have materially added to the risk of injury.\n\n(3) For the purposes of this section, service as a juror includes attendance at a pool of jurors or at a court or place in response to a summons to attend for jury service, whether or not the person so attending—\n\n(a) is qualified and liable for jury service; or\n\n(b) is excused by the court or Juries Commissioner from further attendance; or\n\nS. 55(3)(c) amended by No. 6/2018 s. 68(Sch. 2 item 74.7).\n\n(c) is sworn as a juror by taking an oath or making an affirmation; or\n\n(d) is empanelled on a jury—\n\nbut does not include attendance by a person who has knowingly made an untrue or misleading statement in a questionnaire in respect of which the person has been recorded as liable for jury service.\n\nS. 55(3A) inserted by No. 5/2021 s. 49(1).\n\n(3A) If a person who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.\n\nS. 55(3B) inserted by No. 5/2021 s. 49(1).\n\n(3B) Subsection (3A) does not apply—\n\n(a) if the claim for compensation was made before the commencement of section 11 of the **Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021**; or\n\n(b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined.\n\nS. 55(4) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(2).\n\n(4) The person to whom or for whose benefit compensation or provisional payments are payable are those persons to whom or for whose benefit compensation or provisional payments would be payable under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act** **2013** if—\n\n(a) the person attending for jury service were a worker within the meaning of that Act; and\n\n(b) the personal injury were caused in the person's employment arising out of or in the course of the employment.\n\n(5) A claim for compensation under this section must be made to the Authority in accordance with this Part.\n\n(6) All matters relating to compensation must be determined in accordance with this Part by the Authority, the County Court or the Magistrates' Court, as the case requires.\n\nS. 55(7) amended by No. 67/2013 s. 649(Sch. 9 item 20(2)).\n\n(7) In making a determination in relation to any matter referred to in subsection (4), the Authority, the County Court or the Magistrates' Court must, as far as practicable, be guided by reference to the applicable provisions of the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act** **2013** governing the corresponding matter in that Act.\n\nS. 55(8) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(3).\n\n(8) A person is not debarred from compensation or provisional payments in respect of personal injury caused to a person attending for jury service by reason only that the person attending for jury service was not, at the relevant time, a worker within the meaning of **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nS. 55(9) amended by No. 67/2013 s. 649(Sch. 9 item 20(2)).\n\n(9) For the purpose of assessing compensation, the average weekly earnings of a person attending for jury service is to be computed by the Authority, the County Court or the Magistrates' Court—\n\n(a) by reference to his or her employment by any employer or employers during the relevant period before the accident; or\n\n(b) if he or she was not then working under a contract of service, on any basis that, in the opinion of the Authority, the County Court or the Magistrates' Court, is best calculated to give the appropriate compensation for his or her loss of earning capacity—\n\nbut so that any relevant maximum limits imposed by the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** are not exceeded.\n\nS. 55(10) amended by Nos 67/2013 s. 649(Sch. 9 item 20(2)), 5/2021 s. 49(4).\n\n(10) If compensation or provisional payments are paid under this Part, the payment has the same legal effects as follow from the payment of compensation under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\n(11) For the purposes of enabling the return to work of a person who suffers a personal injury while attending for jury service, the Authority may—\n\nS. 55(11)(a) amended by Nos 9/2010 s. 138(a) (as amended by No. 80/2010 s. 159(n)), 67/2013 s. 649(Sch. 9 item 20(3)).\n\n(a) plan the worker's return to work under the **Workplace Injury Rehabilitation and Compensation Act 2013**;\n\nS. 55(11)(b) amended by No. 9/2010 s. 138(b).\n\n(b) approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work under paragraph (a);\n\n(c) provide alternative assistance or programs to the worker or in respect of the employment of the worker.\n\n(12) Any costs and expenses incurred as a result of subsection (11) are to be paid by the Authority under section 59(2) as if the costs and expenses were a payment of compensation and section 59(3) applies accordingly.\n\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Compensation otherwise payable","content":"\t56 Compensation otherwise payable\n\nIf a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled.\n\nS. 57 amended by No. 67/2013 s. 649(Sch. 9 item 20(4)).\n\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Jurisdiction","content":"\t57 Jurisdiction\n\nIf any question or matter arises under this Part, the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the **Workplace Injury Rehabilitation and Compensation Act** **2013** and that Act applies with the necessary adaptations and modifications.\n\nS. 58 amended by No. 67/2013 s. 649(Sch. 9 item 20(5)).\n\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Authority to represent Crown","content":"\t58 Authority to represent Crown\n\nIn all proceedings under this Part, the Authority represents the Crown and has the same powers, rights and authorities as the Authority has under the **Workplace Injury Rehabilitation and Compensation Act 2013** in regard to the corresponding matter relating to a worker under that Act.\n\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Payments","content":"\t59 Payments\n\n(1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 58.\n\nS. 59(2) amended by Nos 67/2013 s. 649(Sch. 9 item 20(6)), 5/2021 s. 50.\n\n(2) The Authority must make any payment of compensation or provisional payments under this Part out of the WorkCover Authority Fund under the **Workplace** **Injury Rehabilitation and Compensation Act 2013**.\n\n(3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly—\n\n(a) the amounts to be reimbursed under subsection (1); and\n\n(b) the amount of any payments under subsection (2).\n\n","sortOrder":70},{"sectionNumber":"Part 9","sectionType":"part","heading":"Juries Commissioner","content":"Part 9—Juries Commissioner\n\nS. 60 amended by No. 108/2004 s. 117(1) (Sch. 3 item 108.1).\n\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Juries Commissioner","content":"\t60 Juries Commissioner\n\nFor the purpose of this Act, there are to be employed under Part 3 of the **Public Administration Act 2004**—\n\n(a) a Juries Commissioner; and\n\n(b) as many Deputy Juries Commissioners as are required to assist the Juries Commissioner.\n\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Certain employees to be deputies","content":"\t61 Certain employees to be deputies\n\nA person employed in the public service with a classification that is prescribed for the purposes of this section is, by virtue of that employment, a Deputy Juries Commissioner.\n\nS. 62 amended by No. 69/2009 s. 54(Sch. Pt 2 item 30), substituted by No. 6/2018 s. 68(Sch. 2 item 74.8).\n\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Power to administer oaths and affirmations","content":"\t62 Power to administer oaths and affirmations\n\nThe Juries Commissioner and each Deputy Juries Commissioner is a person duly authorised to administer oaths and affirmations under Part 3 of the **Oaths and Affirmations Act 2018** and, subject to that Part, may administer any oaths and affirmations that appear to that person to be proper for the purposes of this Act.\n\nSee section 12(2) of the **Oaths and Affirmations Act 2018**.\n\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Functions and powers of deputies","content":"\t63 Functions and powers of deputies\n\nSubject to the direction and control of the Juries Commissioner, a Deputy Juries Commissioner has the same functions and powers as the Juries Commissioner has under this Act.\n\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Directions","content":"\t64 Directions\n\nThe Juries Commissioner may give directions to all or any Deputy Juries Commissioners as to any matter concerning the administration of this Act.\n\nPart 10—Offences and enforcement\n\nDivision 1—Offences\n\n\t65 Secrecy\n\n(1) A person who is or has been any of the following is bound by this section—\n\n(a) the Juries Commissioner or a Deputy Juries Commissioner;\n\nS. 65(1)(b) amended by No. 37/2014 s. 10(Sch. item 91.2).\n\n(b) the Chief Commissioner of Police, any other police officer or any other person performing a function under section 26(2);\n\n(c) the Director of Public Prosecutions or a member of staff of the Office of Public Prosecutions or a legal practitioner prosecuting on behalf of the Crown;\n\n(d) any other person performing a function or exercising a power under this Act;\n\n(e) any person, other than a person referred to in subsection (4), gaining access to information enabling the identification of persons on any jury roll, list, pool, panel or jury under this Act.\n\n(2) A person bound by this section must not, either directly or indirectly, make a record of, or disclose or communicate to any person any information enabling the identification of persons on any jury roll, list, pool, panel or jury under this Act except—\n\n(a) as provided by or under this Act; or\n\n(b) in connection with the performance of functions or exercise of powers under this Act; or\n\n(c) as otherwise provided by law.\n\n(3) Nothing in subsection (2) prevents a person who is or has been a juror from producing a document or divulging information that enables the identification of persons on any jury roll, list, pool, panel or jury under this Act to—\n\n(a) a judge or court; or\n\nS. 65(3)(ab) inserted by No. 38/2008 s. 6(1)(a).\n\n(ab) the Juries Commissioner; or\n\n(b) a board or commission appointed by the Governor in Council; or\n\n(c) the Attorney-General; or\n\n(d) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth; or\n\nS. 65(3)(e) amended by Nos 38/2008 s. 6(1)(b), 37/2014 s. 10(Sch. item 91.2).\n\n(e) a police officer in connection with the investigation of an offence at the request of the Director of Public Prosecutions for Victoria, the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner.\n\n(4) Nothing in subsection (2) prevents a person who has been a juror from disclosing information enabling the identification of persons on any jury roll, list, pool, panel or jury under this Act to a registered medical practitioner or a registered psychologist in the course of treatment in relation to issues arising out of the person's service as a juror.\n\n(5) A registered medical practitioner or a registered psychologist to whom information referred to in subsection (4) has been disclosed must not disclose or communicate that information to any other person.\n\n(6) In this section—\n\n***court*** includes the Magistrates' Court;\n\n***produce*** includes permit access to.\n\n","sortOrder":76},{"sectionNumber":"66","sectionType":"section","heading":"Offences by officials","content":"\t66 Offences by officials\n\n(1) A person who performs a function or exercises a power under this Act must not, without lawful excuse—\n\n(a) cause an alteration, omission, insertion or misdescription in a record made or kept under this Act; or\n\n(b) falsely certify to the correctness of a record made or kept under this Act; or\n\n(c) fail to do, or obstruct or interfere with the doing of, anything required by or under this Act to be done; or\n\n(d) excuse a person from jury service; or\n\nS. 66(1)(e) amended by No. 38/2017 s. 13.\n\n(e) include in a jury list, pool or panel a person who is not liable for jury service; or\n\n(f) directly or indirectly receive any payment or reward for excusing or pretending to excuse a person from jury service; or\n\n(g) obstruct or interfere with the proper administration of this Act.\n\n(2) An offence against this section is an indictable offence.\n\n","sortOrder":77},{"sectionNumber":"67","sectionType":"section","heading":"Questionnaire","content":"\t67 Questionnaire\n\nA person must not, without reasonable excuse, fail to complete and return a questionnaire as required by section 20(2).\n\n1. 30 penalty units.\n\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Obligation to answer questions or produce document","content":"\t68 Obligation to answer questions or produce document\n\n(1) A person to whom a question is lawfully put under this Act by a court or the Juries Commissioner must not, without reasonable excuse—\n\n(a) fail to answer the question; or\n\n(b) give an answer that is false or misleading in a material respect.\n\nS. 68(2) amended by Nos 47/2021 s. 30C, 53/2000 s. 101(1)(c).\n\n(2) The court or the Juries Commissioner may request a person to produce a document in order to determine whether the person is qualified for jury service.\n\n(3) A person must not, without reasonable excuse, fail to comply with a request under subsection (2).\n\n","sortOrder":79},{"sectionNumber":"69","sectionType":"section","heading":"Failure to inform Juries Commissioner of disqualification or ineligibility","content":"\t69 Failure to inform Juries Commissioner of disqualification or ineligibility\n\nA person summoned to attend for jury service who knows that he or she is disqualified from jury service or is ineligible for jury service must, as soon as practicable, inform the Juries Commissioner of that fact and the reason for the disqualification or ineligibility.\n\n1. 30 penalty units.\n\n","sortOrder":80},{"sectionNumber":"70","sectionType":"section","heading":"Supply of false or misleading information","content":"\t70 Supply of false or misleading information\n\nA person must not cause or permit any representation, whether by act or omission, that the person knows to be false or misleading in a material respect to be made to the Juries Commissioner on the person's behalf or on behalf of another person, for the purpose of evading jury service.\n\n1. In the case of a body corporate, 150 penalty units;\n\nIn any other case, 30 penalty units.\n\n","sortOrder":81},{"sectionNumber":"71","sectionType":"section","heading":"Failing to attend for jury service","content":"\t71 Failing to attend for jury service\n\n(1) A person who is summoned for jury service must not, without reasonable excuse, fail to comply with the summons.\n\n(2) It is a reasonable excuse for the purposes of subsection (1) if—\n\n(a) a person has applied under section 7 for the deferral of their jury service, or under section 8 or 9 to be excused from jury service; and\n\n(b) the person has not been notified of the Juries Commissioner's decision to refuse the application before the date specified in the summons as the date on which the person is required to attend for jury service.\n\n(3) A person who has been empanelled on a jury must not, without reasonable excuse, fail to attend as a juror until discharged by the court.\n\n1. 60 penalty units or imprisonment for 6 months.\n\n","sortOrder":82},{"sectionNumber":"72","sectionType":"section","heading":"Failure to attend as supplementary juror","content":"\t72 Failure to attend as supplementary juror\n\nA person who is instructed under section 41 to attend for jury service must not, without reasonable excuse, fail to comply with the instruction.\n\n","sortOrder":83},{"sectionNumber":"73","sectionType":"section","heading":"Refusal to be sworn or to make affirmation","content":"\t73 Refusal to be sworn or to make affirmation\n\nA person selected to serve on a jury must not refuse to be sworn or to make an affirmation.\n\n","sortOrder":84},{"sectionNumber":"74","sectionType":"section","heading":"Impersonation of person for the purpose of jury service","content":"\t74 Impersonation of person for the purpose of jury service\n\nA person must not impersonate or attempt to impersonate another person for the purpose of jury service as that other person.\n\n","sortOrder":85},{"sectionNumber":"75","sectionType":"section","heading":"Extra payment for jury service","content":"\t75 Extra payment for jury service\n\nA person must not receive any payment from—\n\n(a) a party to a proceeding; or\n\n(b) any other person—\n\nfor their attendance for jury service, except as provided by or under this Act.\n\n","sortOrder":86},{"sectionNumber":"76","sectionType":"section","heading":"Employment not to be terminated or prejudiced because of jury service","content":"\t76 Employment not to be terminated or prejudiced because of jury service\n\n(1) An employer must not—\n\n(a) terminate or threaten to terminate the employment of an employee; or\n\n(b) otherwise prejudice the position of the employee—\n\nbecause the employee is, was or will be absent from employment on jury service.\n\n1. In the case of a body corporate, 600 penalty units;\n\nIn any other case, 120 penalty units or imprisonment for 12 months.\n\nS. 76(2) amended by No. 68/2009 s. 97(Sch. item 73.3).\n\n(2) In proceedings for an offence against subsection (1), if all the facts constituting the offence other than the reason for the action of the accused are proved, the onus of proving that the termination, threat or prejudice was not actuated by the reason alleged in the charge lies on the accused.\n\n(3) If an employer is found guilty of an offence against subsection (1), the court may—\n\n(a) order the employer to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee; and\n\n(b) order that the employee be reinstated in his or her former position or a similar position.\n\n(4) If the court considers that it would be impracticable to re-instate the employee, the court may order the employer to pay the employee an amount of compensation not exceeding the amount of remuneration of the employee during the 12 months immediately before the employee's employment was terminated.\n\n(5) An order under subsection (3)(a) or (4) must be taken to be a judgment debt due by the employer to the employee and may be enforced in the court by which it was made.\n\n(6) The amount of salary or wages that would have been payable to an employee in respect of any period that his or her employer fails to give effect to an order under subsection (3)(b) is recoverable as a debt due to the employee by the employer in any court of competent jurisdiction.\n\n","sortOrder":87},{"sectionNumber":"77","sectionType":"section","heading":"Restriction on publishing names of jurors etc.","content":"\t77 Restriction on publishing names of jurors etc.\n\n(1) A person must not publish, or cause to be published, any information or image that identifies or is capable of identifying a person attending for jury service.\n\n1. In the case of a body corporate, 3000 penalty units;\n\nIn any other case, 600 penalty units or imprisonment for 5 years.\n\n(2) For the purposes of subsection (1), a person who holds a licence for a broadcasting service that publishes any information or image that identifies or is capable of identifying a person attending for jury service is deemed to have caused the publication of that information or image.\n\n(3) In subsection (2), ***licence*** means a licence under the Broadcasting Services Act 1992 of the Commonwealth or a licence preserved under the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 of the Commonwealth.\n\n(4) An offence against this section is an indictable offence.\n\n(5) This section does not apply to the publication of information or images in respect of a proceeding under this section.\n\n","sortOrder":88},{"sectionNumber":"78","sectionType":"section","heading":"Confidentiality of jury's deliberations","content":"\t78 Confidentiality of jury's deliberations\n\n(1) A person must not—\n\n(a) publish, or cause to be published, any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of a jury; or\n\n(b) solicit or obtain the disclosure by a person who is or has been a juror of statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury.\n\n1. In the case of a body corporate, 3000 penalty units;\n\nIn any other case, 600 penalty units or imprisonment for 5 years.\n\n(2) A person who is or has been a juror must not disclose any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury if the person has reason to believe that any of that information is likely to be or will be published to the public.\n\n(3) Nothing in this section prevents—\n\n(a) a person who is or has been a juror disclosing to—\n\n(i) a judge or court; or\n\nS. 78(3)(a)(ia) inserted by No. 38/2008 s. 6(2).\n\n(ia) the Juries Commissioner; or\n\n(ii) a board or commission appointed by the Governor in Council; or\n\n(iii) the Attorney-General; or\n\n(iv) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth—\n\nany information about the deliberations of a jury; or\n\nS. 78(3)(b) amended by Nos 38/2008 s. 6(3), 37/2014 s. 10(Sch. item 91.3).\n\n(b) the investigation by a police officer at the request of the Director of Public Prosecutions for Victoria, the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner, of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to Victoria Police in the course of the investigation; or\n\n(c) the investigation by a person authorised by the Court of Appeal, in relation to an appeal to that Court, of an allegation about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to the authorised person in the course of that investigation.\n\nS. 78(4) amended by No. 38/2008 s. 6(4).\n\n(4) The Director of Public Prosecutions for Victoria or the Juries Commissioner may request the Chief Commissioner of Police to investigate a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury.\n\nS. 78(4A) inserted by No. 38/2008 s. 6(5).\n\n(4A) If a complaint referred to in subsection (4) is made to the Juries Commissioner during the course of a trial, the Juries Commissioner must refer the complaint to the trial judge.\n\n(5) Nothing in subsection (1)(b) or (2) prevents a person who has been a juror from disclosing any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury to a registered medical practitioner or a registered psychologist in the course of treatment in relation to issues arising out of the person's service as a juror.\n\n(6) A registered medical practitioner or registered psychologist must not disclose information referred to in subsection (5) to any other person.\n\n(7) Nothing in this section prevents the publication or disclosure by a person of any information about the deliberations of a jury if that publication or disclosure is not capable of identifying a juror or the relevant legal proceeding.\n\n(8) This section does not apply to the disclosure of information about a proceeding for an offence against this section if, before the proceeding was commenced, the information had been published generally to the public.\n\n(9) This section does not prohibit a person from soliciting information from a juror or former juror in accordance with an authority granted by the Attorney-General for the conduct of a research project into matters relating to juries or jury service.\n\n(10) An offence against this section is an indictable offence.\n\n(11) A prosecution for an offence against this section may only be brought with the consent in writing of the Director of Public Prosecutions for Victoria or of a person authorised by the Director of Public Prosecutions for Victoria to give consent for the purposes of this subsection.\n\n(12) In this section—\n\n***court*** includes the Magistrates' Court;\n\n***deliberations*** includes any discussions between two or more jurors at any time during a trial of matters relevant to that trial.\n\nS. 78A inserted by No. 38/2008 s. 7.\n\n","sortOrder":89},{"sectionNumber":"78A","sectionType":"section","heading":"Panel member or juror must not make enquiries about trial matters","content":"\t78A Panel member or juror must not make enquiries about trial matters\n\n(1) A person who is—\n\n(a) on a panel for a trial; or\n\n(b) a juror in a trial—\n\nmust not make an enquiry for the purpose of obtaining information about a party to the trial or any matter relevant to the trial, except in the proper exercise of his or her functions as a juror.\n\n1. 120 penalty units.\n\n(2) This section applies from the time a person is selected or allocated as part of a panel for a trial until—\n\n(a) the person is excused from jury service on the trial; or\n\n(b) the person returns to the jury pool; or\n\n(c) if the person is empanelled as a juror, the juror, or the jury of which the juror is a member, is discharged by the trial judge.\n\n(3) Nothing in this section prevents a juror from—\n\n(a) making an enquiry of the court or another member of the jury, in the proper exercise of his or her functions as a juror; or\n\n(b) making an enquiry authorised by the trial judge.\n\n(4) Anything done by a juror in contravention of a direction given to the jury by the trial judge is not a proper exercise by the juror of his or her functions as a juror.\n\n(5) In this section, ***making an enquiry*** includes—\n\n(a) consulting with another person;\n\n(b) conducting any research by any means;\n\n**Example**\n\nUsing the Internet to search an electronic database for information.\n\n(c) viewing or inspecting a place or object that is relevant to the trial;\n\n(d) conducting an experiment;\n\n(e) requesting another person to make an enquiry.\n\nS. 78B inserted by No. 38/2008 s. 7, amended by No. 6/2018 s. 68(Sch. 2 item 74.9).\n\n","sortOrder":90},{"sectionNumber":"78B","sectionType":"section","heading":"Examination of juror etc. as to enquiries","content":"\t78B Examination of juror etc. as to enquiries\n\nA judge may examine on oath or by affirmation a person referred to in section 78A(1) to determine whether a person has engaged in conduct that may constitute an offence against section 78A(1).\n\nS. 78C inserted by No. 38/2008 s. 7.\n\n","sortOrder":91},{"sectionNumber":"78C","sectionType":"section","heading":"Self-incrimination not an excuse","content":"\t78C Self-incrimination not an excuse\n\n(1) A person is not excused from complying with a requirement to give evidence on an examination under section 78B on the ground that the evidence might incriminate the person in relation to an offence against section 78A.\n\n(2) Any evidence given by a person on an examination under section 78B or any information, document or thing obtained as a direct or indirect consequence of the person having given evidence is not admissible in evidence against the person in criminal proceedings in relation to an offence against section 78A.\n\nSubsection (2) does not extend to other offences, such as perjury.\n\n","sortOrder":92},{"sectionNumber":"79","sectionType":"section","heading":"Offence by body corporate","content":"\t79 Offence by body corporate\n\n(1) If, in proceedings for an offence against this Act, it is necessary to establish the intention or knowledge of a body corporate, it is sufficient to show that an officer, employee or agent of the body corporate had that intention or knowledge.\n\n(2) If an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of a person who is a director, manager, secretary or other officer of the body corporate, that person is deemed to have committed the offence also and is liable to be proceeded against and punished accordingly.\n\n","sortOrder":93},{"sectionNumber":"Div 2","sectionType":"division","heading":"Summary enforcement by court","content":"Division 2—Summary enforcement by court\n\n","sortOrder":94},{"sectionNumber":"80","sectionType":"section","heading":"Supply of false or misleading information","content":"\t80 Supply of false or misleading information\n\nThe court may in a summary way impose a fine not exceeding 30 penalty units (or, in the case of a body corporate, not exceeding 150 penalty units) on a person who causes or permits any representation, whether by act or omission, that the person knows to be false or misleading in a material respect to be made to the Juries Commissioner or the court on the person's behalf or on behalf of another person, for the purpose of evading jury service.\n\n","sortOrder":95},{"sectionNumber":"81","sectionType":"section","heading":"Failing to attend, be sworn or give evidence and giving false answers","content":"\t81 Failing to attend, be sworn or give evidence and giving false answers\n\n(1) The court may in a summary way impose a fine not exceeding 30 penalty units, or imprisonment for a term not exceeding 3 months, on a person who—\n\n(a) without reasonable excuse, fails to comply with a summons for jury service; or\n\n(b) without reasonable excuse, fails to comply with an instruction under section 41 to attend for jury service; or\n\n(c) without reasonable excuse—\n\n(i) fails to answer a question lawfully put to them under this Act by the court; or\n\n(ii) fails to produce a document on request by the court in order to determine whether the person is qualified for jury service; or\n\n(d) without reasonable excuse, gives an answer that is false or misleading in a material respect to a question lawfully put to them under this Act by the court; or\n\n(e) having been selected to serve on a jury, refuses to be sworn or to make an affirmation.\n\n(2) It is a reasonable excuse for the purposes of subsection (1)(a) if—\n\n(a) a person has applied under section 7 for the deferral of their jury service, or under section 8 or 9 to be excused from jury service; and\n\n(b) the person has not been notified of the Juries Commissioner's decision to refuse the application before the date specified in the summons as the date on which the person is required to attend for jury service.\n\nS. 81(2A) inserted by No. 43/2002 s. 8(1).\n\n(2A) The court may remit a fine imposed on a person under subsection (1)(a) or (b) if the person satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend for jury service.\n\n(3) The court may in a summary way impose a fine not exceeding 60 penalty units, or imprisonment for a term not exceeding 6 months, on a person who, having been empanelled on a jury, fails without reasonable excuse to attend as a juror until discharged by the court.\n\nS. 81(4) inserted by No. 43/2002 s. 8(2).\n\n(4) The court may remit a fine imposed on a person under subsection (3) if the person satisfies the court within 21 days after the imposition of the fine that he or she has a reasonable excuse for failing to attend as a juror.\n\n","sortOrder":96},{"sectionNumber":"82","sectionType":"section","heading":"Impersonation of jurors and extra payment for jury service","content":"\t82 Impersonation of jurors and extra payment for jury service\n\nThe court may in a summary way impose a fine not exceeding 120 penalty units, or imprisonment for a term not exceeding 12 months, on a person who—\n\n(a) impersonates or attempts to impersonate another person for the purpose of jury service as that other person; or\n\n(b) receives any payment from—\n\n(i) a party to a proceeding; or\n\n(ii) any other person—\n\nfor their attendance for jury service, except as provided for by or under this Act.\n\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"Employers","content":"\t83 Employers\n\n(1) The court may in a summary way impose a fine not exceeding 120 penalty units, or imprisonment for a term not exceeding 12 months, (or, in the case of a body corporate, a fine not exceeding 600 penalty units) on an employer who—\n\n(a) terminates or threatens to terminate the employment of an employee; or\n\n(b) otherwise prejudices the position of the employee—\n\nbecause the employee is, was or will be absent from employment on jury service.\n\n(2) If the court imposes a fine or imprisonment under subsection (1), subsections (3) to (6) of section 76 apply as if the employer had been found guilty of an offence against section 76(1).\n\n","sortOrder":98},{"sectionNumber":"Div 3","sectionType":"division","heading":"General","content":"Division 3—General\n\n","sortOrder":99},{"sectionNumber":"84","sectionType":"section","heading":"Contempt of court","content":"\t84 Contempt of court\n\nNothing in this Part affects the power of a court to deal with a contempt of court summarily of its own motion.\n\n","sortOrder":100},{"sectionNumber":"85","sectionType":"section","heading":"Enforcement of fines","content":"\t85 Enforcement of fines\n\nIf a court fines a person under Division 2 or for contempt of the court, the fine is enforceable under the **Sentencing Act 1991** as if the person had been found guilty of an offence.\n\n","sortOrder":101},{"sectionNumber":"86","sectionType":"section","heading":"Double jeopardy","content":"\t86 Double jeopardy\n\nIf an act or omission constitutes any two or more of the following—\n\n(a) an offence against this Act;\n\n(b) an offence against the common law; or\n\n(c) conduct that the court may deal with summarily under Division 2;\n\n(d) a contempt of the court—\n\nthe offender is liable to be prosecuted or dealt with in any or all of the applicable ways but is not liable to be punished more than once for the same act or omission.\n\n","sortOrder":102},{"sectionNumber":"Part 11","sectionType":"part","heading":"General","content":"Part 11—General\n\n","sortOrder":103},{"sectionNumber":"87","sectionType":"section","heading":"Proof of service","content":"\t87 Proof of service\n\n(1) The production of a certificate signed by the Juries Commissioner or a Deputy Juries Commissioner that a questionnaire or a summons has been posted or otherwise dispatched to a person is proof, in the absence of evidence to the contrary, that the questionnaire or summons, as the case requires, has been delivered at the address of the person named in the questionnaire or summons.\n\n(2) If a questionnaire or summons is served by post, the certificate referred to in subsection (1) or other evidence of service must identify the questionnaire or summons served and state the date and place of posting.\n\n","sortOrder":104},{"sectionNumber":"88","sectionType":"section","heading":"Rules of Court","content":"\t88 Rules of Court\n\n(1) The judges of the Supreme Court may make rules for or with respect to any matter or thing that may be necessary for the purpose of giving effect to this Act.\n\n(2) The judges of the County Court may make rules for or with respect to any matter or thing that may be necessary for the purpose of giving effect to this Act.\n\n","sortOrder":105},{"sectionNumber":"89","sectionType":"section","heading":"Common law offence of embracery not affected","content":"\t89 Common law offence of embracery not affected\n\nThe repeal of section 70 of the **Juries Act 1967** does not affect the continued existence of the common law offence of embracery.\n\n","sortOrder":106},{"sectionNumber":"90","sectionType":"section","heading":"Regulations","content":"\t90 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing forms;\n\n(b) prescribing fees;\n\n(c) prescribing administrative expenses in respect of refunds of fees for juries in civil trials;\n\n(d) pools of jurors;\n\n(e) jury lists;\n\n(f) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances.\n\nPt 12 (Heading and s. 91) repealed by No. 28/2007 s. 3(Sch. item 35).\n\n","sortOrder":107},{"sectionNumber":"Part 13","sectionType":"part","heading":"Consequential and transitional provisions","content":"Part 13—Consequential and transitional provisions\n\n","sortOrder":108},{"sectionNumber":"92","sectionType":"section","heading":"Repeal of Juries Act 1967","content":"\t92 Repeal of Juries Act 1967\n\nNo. 7651/1967.\n\nReprint No. 4 as at 16 January 1997. Further amended by Nos 46/1998, 52/1998 and 24/1999.\n\nThe **Juries Act 1967** is **repealed**.\n\nSs 93–98 repealed by No. 28/2007 s. 3(Sch. item 35).\n\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Saving and transitional provisions","content":"\t99 Saving and transitional provisions\n\n","sortOrder":110},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"has effect.","content":"Schedule 6 has effect.\n\nS. 100 inserted by No. 11/2021 s. 119, repealed by No. 53/2000 s. 100(4).\n\nS. 101 inserted by No. 47/2021 s. 30D, repealed by No. 53/2000 s. 101(2).\n\nSchedules\n\n","sortOrder":111},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Persons disqualified from serving as jurors","content":"Schedule 1—Persons disqualified from serving as jurors\n\nSection 5(2)\n\n1. A person who has been convicted, in Victoria or another jurisdiction, of treason or one or more indictable offences and sentenced to—\n\n(a) imprisonment for a term or terms in the aggregate of 3 years or more; or\n\nSch. 1 cl. 1(b) amended by No. 69/2005 s. 29.\n\n(b) a period of detention, for 3 years or more, under a hospital security order made under section 93A of the **Sentencing Act 1991** or an equivalent order in another jurisdiction—\n\n2. A person who within the last 10 years has been, in Victoria or another jurisdiction—\n\nSch. 1 cl. 2(a) substituted by No. 43/2002 s. 9(1)(a).\n\n(a) sentenced to imprisonment for a term or terms in the aggregate of 3 months or more (excluding a suspended sentence of imprisonment); or\n\nSch. 1 cl. 2(b) amended by Nos 43/2002 s. 9(1)(b), 69/2005 s. 29.\n\n(b) ordered to be detained, for a period of 3 months or more, under a hospital security order made under section 93A of the **Sentencing Act 1991** or an equivalent order in another jurisdiction—\n\n3. A person who within the last 5 years, in Victoria or another jurisdiction—\n\nSch. 1 cl. 3(a) amended by No. 43/2002 s. 9(2)(a).\n\n(a) has been sentenced to imprisonment for a term or terms in the aggregate of less than 3 months; or\n\nSch. 1 cl. 3(b) amended by Nos 43/2002 s. 9(2)(b), 69/2005 s. 29.\n\n(b) has been ordered to be detained, for a period of less than 3 months under a hospital security order made under section 93A of the **Sentencing Act 1991** or an equivalent order in another jurisdiction; or\n\nSch. 1 cl. 3(c) amended by No. 65/2011 s. 107(Sch. item 7.1).\n\n(c) has served a sentence of imprisonment by way of intensive correction in the community within the meaning of the **Sentencing Act 1991** as in force before the commencement of section 15 of the **Sentencing Amendment (Community Correction Reform) Act 2011**, or an equivalent sentence in another jurisdiction; or\n\n(d) has been sentenced to a suspended sentence of imprisonment; or\n\nSch. 1 cl. 3(e) amended by No. 48/2006 s. 42(Sch. item 20).\n\n(e) has served a sentence of detention in a youth justice centre or youth residential centre or an equivalent sentence in another jurisdiction—\n\nSch. 1 cl. 4 amended by No. 65/2011 s. 107(Sch. item 7.2).\n\n4. A person in respect of whom a court in Victoria (including the Magistrates' Court) or another jurisdiction, has, within the last 5 years, made an old community-based order (within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**), or an equivalent order in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.\n\nSch. 1 cl. 4A inserted by No. 65/2011 s. 107(Sch. item 7.3).\n\n4A. A person in respect of whom a court in Victoria (including the Magistrates' Court), has, within the last 5 years, made a community correction order under Part 3A of the **Sentencing Act 1991**, or an equivalent of a community-based sentence in another jurisdiction, but any conviction, or finding of guilt, of an offence in respect of which a free pardon has been granted must be disregarded.\n\n5. A person who within the last 2 years—\n\n(a) has been sentenced by a court, in Victoria (including the Magistrates' Court) or another jurisdiction, for an offence; or\n\n(b) has been released on the giving of an undertaking under section 72 or 75 of the **Sentencing Act 1991**, or an equivalent undertaking  in another jurisdiction.\n\n6. A person who has been charged with an indictable offence and is released on bail in respect of that offence.\n\n7. A person who is remanded in custody in respect of an alleged offence.\n\n8. A person who has been declared bankrupt and has not obtained a discharge.\n\n","sortOrder":112},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Persons ineligible to serve as jurors","content":"Schedule 2—Persons ineligible to serve as jurors\n\nSection 5(3)\n\n1. A person who is or, within the last 10 years, has been—\n\n(a) the Governor or the Official Secretary to the Governor;\n\n(b) a judge, a magistrate or the holder of any other judicial office;\n\nSch. 2 cl. 1(c) amended by No. 37/2014 s. 10(Sch. item 91.4(a)).\n\n(c) a member of the Police Appeals Board or the Police Registration and Services Board;\n\n(d) a bail justice;\n\nSch. 2 cl. 1(e) substituted by No. 18/2005 s. 18(Sch. 1 item 54.2), amended by No. 17/2014 s. 160(Sch. 2 item 53.2(a)).\n\n(e) an Australian lawyer;\n\nSch. 2 cl. 1(f) substituted by No. 43/2002 s. 10, amended by No. 108/2004 s. 117(1) (Sch. 3 item 108.2).\n\n(f) a person employed or engaged (whether on a paid or voluntary basis) in the public sector within the meaning of the **Public Administration Act 2004** in law enforcement, criminal investigation, the provision of legal services in criminal cases, the administration of justice or penal administration;\n\nSch. 2 cl. 1(g) substituted by No. 37/2014 s. 10(Sch. item 91.4(b)).\n\n(g) a police officer;\n\nSch. 2 cl. 1(h) substituted by No. 29/2010 s. 62(2).\n\n(h) the Secretary to the Department of Justice, the Secretary to the Department of Human Services or the Secretary to the Department of Health;\n\n(i) a member of the Legislative Assembly or Legislative Council;\n\n(j) the Auditor-General;\n\nSch. 2 cl. 1(ja) inserted by No. 66/2011 s. 41.\n\n(ja) the Commissioner of the IBAC within the meaning of the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nSch. 2 cl. 1(jb) inserted by No. 66/2011 s. 41.\n\n(jb) any other IBAC Officer within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nSch. 2 cl. 1(k) substituted by No. 63/2004 s. 29(a).\n\n(k) the Ombudsman or the Acting Ombudsman;\n\nSch. 2 cl. 1(l) substituted by No. 82/2012 s. 292.\n\n(l) a member of Ombudsman staff within the meaning of the **Ombudsman Act 1973**;\n\nSch. 2 cl. 1(la) inserted by No. 63/2004 s. 29(b).\n\n(la) the Director, Police Integrity or Acting Director, Police Integrity;\n\nSch. 2 cl. 1(lb) inserted by No. 63/2004 s. 29(b).\n\n(lb) an employee in the Office of Police Integrity;\n\nSch. 2 cl. 1(lc) inserted by No. 62/2004 s. 18.\n\n(lc) the Special Investigations Monitor or acting Special Investigations Monitor;\n\nSch. 2 cl. 1(ld) inserted by No. 62/2004 s. 18.\n\n(ld) an employee in the office of the Special Investigations Monitor;\n\nSch. 2 cl. 1(le) inserted by No. 70/2011 s. 45, amended by No. 12/2013 s. 33, substituted by No. 31/2024 s. 113(Sch. 1 item 19.1(a)).\n\n(le) the Chief Integrity Inspector of Integrity Oversight Victoria within the meaning of the **Integrity Oversight Victoria Act 2011**;\n\nSch. 2 cl. 1(lf) inserted by No. 70/2011 s. 45, substituted by No. 31/2024 s. 113(Sch. 1 item 19.1(b)).\n\n(lf) any other Integrity Oversight Victoria Officer within the meaning of the **Integrity Oversight Victoria Act 2011**;\n\n(m) a person employed as a Government shorthand writer or court reporter or in connection with any court recording service.\n\n2. A person who is—\n\n(a) the Electoral Commissioner;\n\nSch. 2 cl. 2(b) substituted by No. 17/2014 s. 160(Sch. 2 item 53.2(b)).\n\n(b) the Victorian Legal Services Commissioner or an acting Victorian Legal Services Commissioner;\n\nSch. 2 cl. 2(c) amended by No. 17/2014 s. 160(Sch. 2 item 53.2(c)).\n\n(c) employed by an Australian lawyer in connection with legal practice.\n\n3. A person who—\n\n(a) has a physical disability that renders the person incapable of performing the duties of jury service;\n\nSch. 2 cl. 3(b) amended by Nos 26/2014 s. 455(Sch. item 17), 39/2022 s. 842.\n\n(b) is a patient within the meaning of the **Mental Health and Wellbeing Act 2022**;\n\nSch. 2 cl. 3(c) amended by No. 23/2006 s. 244.\n\n(c) has an intellectual disability within the meaning of the **Disability Act 2006**;\n\nSch. 2 cl. 3(d) amended by No. 13/2019 s. 221(Sch. 1 item 24).\n\n(d) is a represented person within the meaning of the **Guardianship and Administration Act 2019**;\n\nSch. 2 cl. 3(e) amended by No. 55/2014 s. 148.\n\n(e) is subject to a supervision order under section 26 or 38ZH of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\n(f) is unable to communicate in or understand the English language adequately.\n\nSch. 3 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 74.10).\n\nSch. 3 substituted by No. 69/2009 s. 54(Sch. Pt 1 item 33.1).\n\n","sortOrder":113},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Oath or affirmation of jurors on empanelment","content":"Schedule 3—Oath or affirmation of jurors on empanelment\n\n**Oaths by jurors—Criminal Trial**\n\nYou (*or, if more than one person takes the oath, you and each of you*) swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by his or her religion*) that you will faithfully and impartially try the issues between the Crown and [*name of accused*] in relation to all charges brought against [*name of accused*] in this trial and give a true verdict according to the evidence.\n\n**Oaths by jurors—Civil Trial**\n\nYou (*or, if more than one person takes the oath, you and each of you*) swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by his or her religion*) that you will faithfully and impartially try the issues and assess the damages in the cause brought before you for trial or inquiry and give a true verdict according to the evidence.\n\n**Affirmations by jurors—Criminal Trial**\n\nYou (*or, if more than one person affirms, you and each of you*) solemnly and sincerely declare and affirm that you will faithfully and impartially try the issues between the Crown and [*name of accused*] in relation to all charges brought against [*name of accused*] in this trial and give a true verdict according to the evidence.\n\n**Affirmations by jurors—Civil Trial**\n\nYou (*or, if more than one person affirms, you and each of you*) solemnly and sincerely declare and affirm that you will faithfully and impartially try the issues and assess the damages in the cause brought before you for trial or inquiry and give a true verdict according to the evidence.\n\nSch. 4 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 74.11).\n\nSch. 4 substituted by No. 69/2009 s. 54(Sch. Pt 1 item 33.2).\n\n","sortOrder":114},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Oath or affirmation of jurykeepers","content":"Schedule 4—Oath or affirmation of jurykeepers\n\n**Oaths by jurykeepers**\n\nYou (*and, if more than one person takes the oath, each of you*) swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by his or her religion*) that you will well and truly keep this jury and each of its members committed to your charge and that, except on the order of the court, while they are in your charge, you will not allow any of them to communicate with any other person, or any other person with any of them, whether directly or indirectly, and that you will not, either during the trial or after it has finished, communicate with any juror about any evidence given or issues raised, directly or indirectly, at the trial.\n\n**Affirmations by jurykeepers**\n\nYou (*and, if more than one person affirms, each of you*) solemnly and sincerely declare and affirm that you will well and truly keep this jury and each of its members committed to your charge and that, except on the order of the court, while they are in your charge, you will not allow any of them to communicate with any other person, or any other person with any of them, whether directly or indirectly, and that you will not, either during the trial or after it has finished, communicate with any juror about any evidence given or issues raised, directly or indirectly, at the trial.\n\nSch. 5 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 74.12).\n\nSch. 5 substituted by No. 69/2009 s. 54(Sch. Pt 1 item 33.3).\n\n","sortOrder":115},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Oath or affirmation of jurors separating during deliberations","content":"Schedule 5—Oath or affirmation of jurors separating during deliberations\n\nSection 50(2)\n\n**Oaths by jurors**\n\nYou (*and, if more than one person takes the oath, each of you*) swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by his or her religion*) that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations.\n\n**Affirmations by jurors**\n\nYou (*and, if more than one person affirms, each of you*) solemnly and sincerely declare and affirm that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations.\n\nSchedule 6—Saving and transitional provisions\n\n\t1 Application of Acts\n\n(1) This Act applies to a trial in which a jury is empanelled after the commencement of section 92, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose.\n\n(2) The **Juries Act 1967** as in force immediately before the commencement of section 92 of this Act continues to apply to a trial in which a jury was empanelled before that commencement.\n\n\t2 Jury lists under the Juries Act 1967\n\nThe last jury list prepared for a jury district under section 8 of the **Juries Act 1967** immediately before the commencement of section 19 of this Act is, on that commencement, deemed to be the first jury roll prepared for the corresponding jury district under section 19 of this Act.\n\n\t3 Questionnaires issued under the Juries Act 1967\n\nA questionnaire issued under section 10 of the **Juries Act 1967** is, on the commencement of section 20 of this Act, deemed to be a questionnaire issued under section 20 of this Act.\n\n\t4 Panels under the Juries Act 1967\n\nA panel prepared under section 20 of the **Juries Act 1967** is, on the commencement of section 25 of this Act, deemed to be a jury list prepared under section 25 of this Act.\n\n\t5 Summonses issued under the Juries Act 1967\n\nA summons to serve as a juror issued under section 23 of the **Juries Act 1967** returnable on a date after the commencement of section 27 of this Act is, on that commencement, deemed to be a summons issued under section 27 of this Act.\n\n\t6 Disqualification and ineligibility criteria under this Act apply to persons summoned before or after commencement of this Act\n\n(1) Schedule 1 applies to persons summoned for jury service, whether the summons was issued before or after the commencement of section 92.\n\n(2) Schedule 2 applies to persons summoned for jury service, whether the summons was issued before or after the commencement of section 92.\n\n\t7 Certificate of exemption issued under the Juries Act 1967\n\nA certificate of exemption issued under the **Juries Act 1967** continues to have the same effect as it would have had if that Act had not been repealed.\n\n\t8 Deferrals of and excuses from jury service\n\n(1) A deferral of excusal from service as a juror under the **Juries Act 1967** continues to have the same effect as it would have had if that Act had not been repealed.\n\n(2) A person referred to in Schedule 4 to the **Juries Act 1967** is not entitled to be excused from jury service as of right under this Act.\n\n\t9 Certain persons continue to be bound by secrecy provisions\n\nA person who would, but for the repeal of the **Juries Act 1967**, be subject to section 21(2) of that Act is, on the commencement of section 92 of this Act, a person bound by section 65 of this Act in respect of the performance of functions or exercise of powers by that person under that Act.\n\n\t10 Compensation for personal injuries\n\nPart VII of the **Juries Act 1967**, as in force immediately before the commencement of section 92 of this Act, continues to apply on and after that commencement in respect of a personal injury arising out of or in the course of jury service before that date.\n\nSch. 6 cl. 11 inserted by No. 61/2001 s. 15(2).\n\n\t11 Unanimous verdicts\n\nThe amendment made to section 46 by the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001** applies to criminal trials that commence on or after the commencement of that Act, irrespective of when the offence was committed.\n\nSch. 6 cl. 12 inserted by No. 43/2002 s. 11.\n\n\t12 Persons disqualified from serving as jurors\n\nThe amendments to Schedule 1 made by section 9 of the **Juries (Amendment) Act 2002** applies only to juries empanelled on or after the commencement of section 9 of that Act.\n\nSch. 6 cl. 13 inserted by No. 43/2002 s. 11.\n\n\t13 Persons ineligible to serve as jurors\n\nThe amendments to Schedule 2 made by section 10 of the **Juries (Amendment) Act 2002** applies only to juries empanelled on or after the commencement of section 10 of that Act.\n\nSch. 6 cl. 14 inserted by No. 79/2006 s. 31.\n\n\t14 Justice Legislation (Further Amendment) Act 2006\n\nAn amendment made to this Act by a provision of Part 12 of the **Justice Legislation (Further Amendment) Act 2006** applies only to juries commenced to be empanelled on or after the commencement of that provision.\n\nSch. 6 cl. 15 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 33.4).\n\n\t15 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009\n\nAn amendment made to this Act by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009** applies only to juries empanelled on or after the commencement of that Act.\n\nSch. 6 cl. 16 inserted by No. 79/2014 s. 51.\n\n\t16 Justice Legislation Amendment (Confiscation and Other Matters) Act 2014\n\nThe amendment made to section 38 by section 50 of the **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014** applies only in relation to a panel selected or allocated on or after the commencement of section 50 of that Act.\n\nSch. 6 cl. 17 inserted by No. 37/2017 s. 23.\n\n\t17 Jury Directions and Other Acts Amendment Act 2017\n\n(1) The amendments made to section 39 by  \nsection 21 of the **Jury Directions and Other Acts Amendment Act 2017** apply only in relation to a criminal trial that commences on or after the day on which section 21 of that Act comes into operation.\n\n(2) The amendments made to section 46 by  \nsection 22 of the **Jury Directions and Other Acts Amendment Act 2017** apply only in relation to a criminal trial that commences on or after the day on which section 22 of that Act comes into operation.\n\nSch. 6 cl. 18 inserted by No. 38/2017 s. 14.\n\n\t18 Transitional provision—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017\n\nThis Act as amended by Part 2 of the **Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017** applies to a trial in which a jury is empanelled after the commencement of that Part, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose.\n\nSch. 6 cl. 19 inserted by No. 11/2021 s. 120.\n\n\t19 Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021\n\nThis Act as amended by Part 17 of the **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021** applies to a trial in which a jury is empanelled after the commencement of that Part, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 16 December 1999*\n\n*Legislative Council: 22 March 2000*\n\nThe long title for the Bill for this Act was \"to re-enact with amendments the law relating to juries, to repeal the **Juries Act 1967** and for other purposes.\"\n\nThe **Juries Act 2000** was assented to on 12 September 2000 and came into operation as follows:\n\nSections 1, 2 and 91 on 13 September 2000: section 2(1); rest of Act on 1 August 2001: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Juries Act 2000** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Juries Act 2000, No. 53/2000**\n\n| Assent Date: | 12.9.00 |\n| Commencement Date: | S. 101(2) inserted on 4.11.21 by No. 47/2021 s. 30D; s. 101(1) on 26.10.22: s. 101(1); s. 100(4) inserted on 26.4.21 by No. 11/2021 s. 119: s. 2(2) |\n| Note: | S. 101(2) repealed s. 101 on 27.10.22; s. 100(4) repealed s. 100 on 26.4.23 |\n\n**Courts and Tribunals Legislation (Miscellaneous Amendments) Act, No. 78/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | S. 12 on 28.11.00: s. 2(1) |\n\n**Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 15 on 1.1.02: s. 2(2) |\n\n**Electoral Act 2002, No. 23/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | S. 195 on 1.9.02: Government Gazette 29.8.02 p. 2333 |\n\n**Juries (Amendment) Act 2002, No. 43/2002**\n\n| Assent Date: | 15.10.02 |\n| Commencement Date: | S. 5(2) on 16.10.02: s. 2(2); ss 3, 4, 5(1), 6–11 on 1.11.02: s. 2(4) |\n\n**Major Crime (Special Investigations Monitor) Act 2004, No. 62/2004**\n\n| Assent Date: | 12.10.04 |\n| Commencement Date: | S. 18 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 |\n\n**Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004**\n\n| Assent Date: | 12.10.04 |\n| Commencement Date: | S. 29 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 108) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 54) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005**\n\n| Assent Date: | 11.10.05 |\n| Commencement Date: | S. 29 on 1.10.06: s. 2(3) |\n\n**Health Professions Registration Act 2005, No. 97/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 182(Sch. 4 item 31) on 1.7.07: s. 2(3) |\n\n**Disability Act 2006, No. 23/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 244 on 1.7.07: s. 2(3) |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 20) on 23.4.07: s. 2(3) |\n\n**Justice Legislation (Further Amendment) Act 2006, No. 79/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 27–31 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 |\n| Current State: | This information relates only to the provisions amending the **Juries Act 2000** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 35) on 27.6.07: s. 2(1) |\n\n**Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008**\n\n| Assent Date: | 26.8.08 |\n| Commencement Date: | Ss 4, 6, 7 on 27.8.08: s. 2(1); s. 5 on 1.1.09: s. 2(4) |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 73) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 33), (Sch. Pt 2 item 30) on 1.1.10: s. 2(2) |\n\n**Accident Compensation Amendment Act 2010, No. 9/2010** (as amended by No. 80/2010)\n\n| Assent Date: | 23.3.10 |\n| Commencement Date: | S. 138 on 1.7.10: s. 2(8) |\n\n**Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 51(Sch. item 32) on 1.7.10: s. 2(2) |\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| Assent Date: | 8.6.10 |\n| Commencement Date: | S. 62 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 7) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011**\n\n| Assent Date: | 29.11.11 |\n| Commencement Date: | S. 41 on 1.7.12: s. 2(2) |\n\n**Victorian Inspectorate Act 2011, No. 70/2011**\n\n| Assent Date: | 29.11.11 |\n| Commencement Date: | S. 45 on 1.7.12: s. 2(2) |\n\n**Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012**\n\n| Assent Date: | 29.5.12 |\n| Commencement Date: | Ss 19–21 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | S. 292 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n\n**Jury Directions Act 2013, No. 12/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | S. 33 on 1.7.13: s. 2(2) |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| Assent Date: | 12.11.13 |\n| Commencement Date: | S. 649(Sch. 9 item 20) on 1.7.14: s. 2(1) |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 53) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| *Commencement Date:* | S. 455(Sch. item 17) on 1.7.14: s. 2(1) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 91) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | S. 148 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n\n**Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014**\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | Ss 50, 51 on 22.10.14: s. 2(1) |\n\n**Jury Directions and Other Acts Amendment Act 2017, No. 37/2017**\n\n| *Assent Date:* | 29.8.17 |\n| *Commencement Date:* | Ss 21, 23 on 30.8.17: s. 2(1); s. 22 on 1.10.17: s. 2(3) |\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| *Assent Date:* | 29.8.17 |\n| *Commencement Date:* | Ss 3–14 on 2.1.18: Special Gazette (No. 416) 5.12.17 p. 1 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 74) on 1.3.19: s. 2(2) |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 24) on 1.3.20: s. 2(2) |\n\n**Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021**\n\n| Assent Date: | 23.2.21 |\n| Commencement Date: | Ss 48–50 on 1.7.21: Special Gazette (No. 293) 16.6.21 p. 1 |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | Ss 111–120 on 26.4.21: s. 2(2) |\n\n**Terrorism (Community Protection) Amendment Act 2021, No. 47/2021**\n\n| Assent Date: | 3.11.21 |\n| Commencement Date: | Ss 30A–30D on 4.11.21: s. 2(1) |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 842 on 1.9.23: s. 2(2) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | S. 113(Sch. 1 item 19) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":116}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":976},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2000 form. Major additions include: electronic/virtual attendance mechanisms (2021), anonymous jury panels using identifying numbers (2017), restrictions on jurors making enquiries about trials (2008), detailed procedural directions for challenges (2017, 2021), and integration with modern workers compensation schemes. The original Act has been amended by over 30 separate Acts, with the most substantial changes occurring 2017–2021 to accommodate technology and protect juror safety."},"complexity_factors":["Multiple overlapping exemption, excuse and deferral mechanisms across sections 7–13 with different decision-makers (Juries Commissioner vs courts)","Detailed schedules of disqualification and ineligibility with complex temporal rules (e.g., convictions within 2, 5, or 10 years depending on sentence length)","Intricate jury selection mechanics: pools → panels → challenges for cause → peremptory challenges → stand-aside rights, with different rules for civil vs criminal trials","Nested conditional logic for majority verdicts (Sections 46–47) with exceptions for specific offences (murder, treason, certain drug offences)","Cross-references to multiple external Acts for definitions and compensation schemes (Electoral Act, Workplace Injury Rehabilitation and Compensation Act, Oaths and Affirmations Act, etc.)","Extensive offence provisions with tiered penalties and both indictable and summary enforcement pathways","Transitional provisions spanning 20+ years of amendments with different commencement rules"],"plain_english_summary":"This is Victoria's **Juries Act 2000**, which sets up the entire system for how juries are selected and run in criminal and civil trials.\n\n**What it does:**\n\n- **Who must serve:** Most adults enrolled to vote in Victorian state elections are qualified and liable for jury service (Section 5). There are detailed lists of who is **disqualified** (Schedule 1 — mainly people with serious criminal convictions) and **ineligible** (Schedule 2 — judges, lawyers, police, politicians, and others with justice system connections).\n\n- **How people are selected:** The Victorian Electoral Commission randomly selects people from the electoral roll to create \"jury rolls\" for each jury district (Section 19). The Juries Commissioner then sends questionnaires, prepares jury lists, and issues summonses (Sections 20–27).\n\n- **Getting out of jury duty:** People can apply to defer service (Section 7), be excused for good reasons like illness, distance, hardship, or religious beliefs (Section 8), or be permanently excused (Section 9). Courts can also excuse people (Sections 11–12).\n\n- **The trial process:** The Act details how **pools** of potential jurors are formed (Section 29), how **panels** are selected for specific trials (Section 30), and how the final jury is chosen through **challenges for cause** (unlimited, for bias) and **peremptory challenges** (limited strikes without reason — 2 per side in civil trials; 3 for single accused, 2 each for multiple accused in criminal trials) (Sections 33–39).\n\n- **Jury size and verdicts:** Criminal juries have 12 jurors (up to 15 with extras); civil juries have 6 (up to 8). Criminal trials need unanimous verdicts except for some offences where 11 of 12 (or proportional majorities) suffice (Section 46). Civil trials allow 5-of-6 or 4-of-5 majority verdicts after 3 hours' deliberation (Section 47).\n\n- **Pay and protection:** Jurors get remuneration set by the Minister (Section 51), employers must make up the difference with normal pay (Section 52), and it's illegal to sack or prejudice employees for jury service (Section 76). Jurors injured during service get workers compensation-style coverage (Part 8).\n\n- **Secrecy and offences:** The Act creates strict secrecy rules — it's a serious crime to publish jurors' names (Section 77), reveal jury deliberations (Section 78), or make enquiries about trial matters outside court (Section 78A). There are also offences for failing to attend, lying to get out of service, or impersonating jurors.\n\n- **Modern updates:** Recent amendments allow **electronic attendance** (audio/visual links) for some processes (Sections 27, 29), **anonymous jury panels** identified by number (Section 30A), and clarify that jury selection doesn't require everyone to be physically together (Section 41A)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original core purpose of consolidating and modernising Victorian jury law. Amendments have updated procedural details and addressed contemporary issues like technology use by jurors, but the fundamental scope — governing jury selection, conduct, and obligations — remains consistent with the original intent."},"complexity_factors":["Balances competing rights — accused persons' right to a fair trial versus civic obligations of potential jurors","Detailed eligibility and exemption criteria requiring case-by-case assessment","Complex challenge and selection procedures with strict procedural rules","Intersection with multiple other Acts including criminal procedure and evidence legislation","Evolving provisions around technology use by jurors (e.g., internet research prohibitions) added through amendments","Different rules applying to criminal versus civil trials","Juror confidentiality obligations create tension with freedom of speech principles","Version history suggests multiple amendments, meaning the current operative provisions require cross-referencing"],"plain_english_summary":"## Juries Act 2000 (Victoria)\n\n**What is this?**\nThis is Victoria's core legislation governing how **jury trials** work — the process by which ordinary citizens are selected to decide the outcome of serious criminal and civil court cases.\n\n**Who does it affect?**\n- **Anyone living in Victoria** — you may be called for jury duty at any time\n- **People charged with serious crimes** — your right to a jury trial is governed by this Act\n- **Parties in civil (non-criminal) disputes** involving significant amounts of money\n- **Courts and lawyers** who must follow strict rules about jury selection and conduct\n\n**What does it cover?**\n- Who is **eligible** (and who is *exempt*) from jury service\n- How jurors are **randomly selected** from the electoral roll\n- Rules for **challenging** (objecting to) potential jurors\n- How juries must **conduct themselves** during a trial\n- Protections for jurors, including **confidentiality** of deliberations\n- **Penalties** for jurors who break the rules (e.g., researching a case online)\n\n**Why does it matter?**\nThe right to a jury trial is a fundamental democratic protection. This Act balances two things: making sure trials are **fair** (by having impartial citizens decide facts) while also ensuring ordinary people aren't **unfairly burdened** by jury service."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The current version expands and modernises operational scope compared with the original enactment by explicitly authorising electronic summonsing and attendance (section 27(2A); section 29(2A)), introducing panel identification by number with court discretion to use names (section 30A), and adding targeted conduct and confidentiality offences that regulate juror enquiries and publication (sections 78A, 78, 77). It also aligns juror compensation and injury claims with the contemporary workplace injury/WorkCover regime (Part 8, sections 54–59). These and other inserted provisions (for example trial‑procedure directions in sections 37A and 39A and the expanded lists of ineligible or excluded public offices in Schedule 2) reflect a scope broadened to cover modern technologies, administrative arrangements and institutional changes; the Act’s amendment and transitional clauses (Schedule 6 and the Table of Amendments) record that these changes were made over time and apply to juries empanelled after specified commencements."},"complexity_factors":["Length and granularity: detailed procedures for roll preparation, summonsing, pools, panels, empanelling and challenges across many sections (Parts 3–6).","Multiple decision‑makers and discretionary powers: Juries Commissioner, Deputy Commissioners, pool supervisors, trial judges and courts with overlapping authorities (sections 25, 29, 30, 7–12).","Cross‑legislative dependencies: references and operational alignment required with Electoral Act, Oaths and Affirmations Act, Workplace Injury/WorkCover Acts and various other statutes (sections 19, 62, Part 8).","Complex offence and penalty structure: numerous criminal and summary offences, varying penalties and different enforcement pathways (Part 10).","Technological provisions and hybrid processes: authorisations for electronic summons/attendance and remote participation introduce procedural and implementation complexity (sections 27(2A), 29(2A), 41A).","Amendment history and transitional rules: many insertions and transitional clauses (Schedule 6, amendment notes) mean interpretation depends on commencement and transitional provisions.","Detailed exclusions and eligibility rules: multiple disqualification and ineligibility categories with time windows and exceptions (Schedules 1 and 2).","Interaction of administrative discretion with judicial review/appeal routes (sections 10–12) creating procedural complexity for challenges to decisions."],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes who is qualified and liable to serve on juries in Victoria (age and enrolment rules) and lists specific categories of people who are disqualified or ineligible (section 5; Schedules 1 and 2).\n- Requires jury selection to be random (section 4) and sets out how jury rolls and lists are prepared and updated (sections 18–19, 25).\n- Provides a process of pre‑selection by questionnaire and requires recipients to respond (sections 20–21).\n- Authorises summonses to attend for jury service (including by electronic means where a person consents) and sets minimum service notice periods (section 27(2)(b), 27(2A), 27(2)(c)).\n- Describes how pools and panels are formed and managed (sections 29–31), how juries are empanelled and sworn (sections 30–33, 42), and the procedures for challenges, peremptory challenges and Crown stand‑asides in criminal and civil trials (sections 33–40, 38–39, 37A, 39A).\n- Sets jury sizes and permits courts to empanel additional jurors in certain trials (sections 22–23, 48).\n- Regulates juror attendance limits, deferrals, excusals (temporary and permanent), appeals against Juries Commissioner decisions and the court’s power to excuse or order non‑performance (sections 7–16, 10–12).\n- Prescribes remuneration and allowances for jurors, an employer’s obligation to make up lost pay, and juror notification duties (sections 51–53).\n- Provides for compensation for personal injury arising out of jury service and aligns those claims with the State’s workplace injury scheme and the Authority’s role (Part 8, sections 54–59).\n- Establishes the Juries Commissioner and deputy commissioners and gives them administrative powers including to administer oaths and direct deputies (Part 9, sections 60–64).\n- Creates a set of secrecy, confidentiality and conduct offences (publication of juror identity, confidentiality of jury deliberations, enquiries by jurors, false answers, non‑attendance and impersonation) and attaches significant penalties (Part 10, sections 65–83).  \n\nStated purpose and how the Act implements it\n\n- The Act states its purposes as: (a) spreading obligation for jury service equitably across the community; (b) making juries more representative; and (c) permitting timely adoption of new technologies for selection (section 1). Mechanically it implements those aims by drawing jurors from the electoral roll (section 5), using random selection (section 4), providing questionnaire‑based pre‑selection (sections 20–21), allowing electronic summons/attendance (section 27(2A), section 29(2A)) and empowering the Juries Commissioner to manage lists, pools and excusals (sections 25, 29, 7–9).\n\nWho pays, who decides, and what changes behaviour (with key sections)\n\n- Who pays:\n  - Parties who require a civil trial by jury pay prescribed jury fees (section 24).  \n  - Employers must reimburse employees for the difference between jury pay and ordinary earnings (section 52).  \n  - Remuneration and allowances for jurors are fixed by Ministerial notice and paid from the Consolidated Fund; compensation for injury is paid from the WorkCover/Authority Fund (sections 51(4)–(6), 59(2)–(3)).\n- Who decides:\n  - The Juries Commissioner controls roll/list preparation, issues summonses, considers deferrals/excuses and exercises broad administrative discretion (sections 19, 25, 27, 7–9, 64).  \n  - Courts and trial judges control empanelling, excusals on trial, discharge of jurors, and directions about selection procedures (sections 30, 31, 32, 11–12, 43).  \n- Behaviour changes the law creates:\n  - Individuals must respond to questionnaires and summonses and truthfully answer questions (sections 20–21, 68).  \n  - Employers cannot terminate or prejudice employees because of jury service (section 76).  \n  - Panel members and jurors are prohibited from making independent enquiries about trial matters and from publishing deliberations or identifying jurors (sections 78A, 78, 77).  \n  - The Act allows remote/electronic participation in parts of the process (summonses and attendance) where specified (sections 27(2)(b), 27(2A), 29(2A)).\n\nCosts, incentives, trade‑offs and implementation issues (mechanisms, not judgments)\n\n- Compliance and administrative burden: the Act requires the Juries Commissioner to prepare and maintain rolls and to operate a questionnaire system; individuals must complete questionnaires (sections 19–21). Non‑compliance carries penalties (sections 67–71). The need to verify enquiries (police checks, section 26) creates ongoing operational tasks.\n- Discretion and concentration of administrative power: the Juries Commissioner has significant discretion to defer, excuse or permanently excuse persons (sections 7–9) and to amend lists (section 25). Courts also have broad remedial powers (sections 11–12). Those powers concentrate decision‑making in administrative and judicial actors and create dependence on their procedures (see sections 64 and 11–12 for directions and court role).\n- Use of technology and access trade‑offs: the Act permits summonsing and attendance by electronic means where consent or direction exists (sections 27(2A), 29(2A)). That can reduce travel costs and expand practical availability, but the mechanism depends on consent and administrative capacity to run electronic attendance (sections 27(2A), 29(2A)) and on judicial directions (section 30A(2)).\n- Costs and who bears them: civil litigants pay jury fees (section 24), employers bear top‑up wage costs (section 52), and the State funds juror remuneration and WorkCover payments (sections 51, 59). Those allocations shift direct costs among private litigants, employers and the public purse.\n- Enforcement and deterrence: the Act includes strong offences and penalties (publication and confidentiality offences, sections 65, 77–78) to protect juror anonymity and deliberation confidentiality; those penalties create deterrence but also require enforcement resources (section 65(2) and penalties throughout Part 10).\n- Effects on private choice and market actors: employer obligations (section 52) and protections against dismissal (section 76) constrain private employers’ responses to employee absence. Fees for civil juries (section 24) impose costs on parties choosing a jury trial and therefore affect litigation choices.\n\nConcentrated benefits, diffuse costs and capture risk (mechanics)\n\n- Concentrated benefits: specified exemptions, permanent excusals or privileges (sections 8–9, Schedule 2) benefit identifiable groups.\n- Diffuse costs: the broad obligation on enrolled electors (section 5) spreads the compliance burden across the adult electorate.\n- Capture risk and administrative discretion: broad statutory discretion for the Juries Commissioner (sections 7–9, 25, 64) and detailed rules on lists, pools and excusals mean administrative practice and resource constraints will materially affect outcomes.\n\nPractical implementation risks and substitution effects (mechanisms)\n\n- Electronic attendance/selection depends on consent and on the Juries Commissioner and courts implementing and supervising technology (sections 27(2A), 29(2A), 30A(2)).\n- Changes to peremptory challenge procedures, identifying jurors by number, and Crown stand‑aside rules change the sequence and visibility of selection (sections 30A, 37A, 38–39), which alters how parties manage jury selection in practice.\n\nKey cross‑references and interactions\n\n- The Act cross‑references multiple other statutes for definitions, administration and compensation (Electoral Act 2002 for roll selection, Oaths and Affirmations Act for administering oaths, Workplace Injury/WorkCover Acts for compensation) (see sections 19(2), 62, Part 8)."}},"importantCases":[],"_links":{"self":"/api/acts/juries-act-2000","history":"/api/acts/juries-act-2000/history","analysis":"/api/acts/juries-act-2000/analysis","conflicts":"/api/acts/juries-act-2000/conflicts","importantCases":"/api/acts/juries-act-2000/important-cases","documents":"/api/acts/juries-act-2000/documents"}}