{"id":"tas:act-2003-048","name":"Juries Act 2003","slug":"juries-act-2003","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"48 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105644,"registerId":"tas-act-2003-048-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Juries Act 2003](/view/html/inforce/2026-04-12/act-2003-048) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –[*\\[Section 3 Amended by No. 53 of 2004, Sched. 1, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2004-053#JS1@Ja5@GC1@Hpa@EN)\n> \n> > ***civil trial*** means a trial of an issue or an assessment of damages before the court sitting in the exercise of a jurisdiction other than its criminal jurisdiction;\n> \n> > ***court*** means the Supreme Court;\n> \n> > ***criminal trial*** means –\n> > \n> > > > (a) a trial on indictment for an indictable offence; and\n> > > \n> > > > (b) a trial of an issue by the court sitting in the exercise of its criminal jurisdiction; and\n> > > \n> > > > (c) an investigation or a special hearing under the [Criminal Justice (Mental Impairment) Act 1999](/view/html/inforce/2026-04-12/act-1999-021) ;\n> \n> > ***deliberations*** includes discussions between 2 or more jurors during a trial of matters relevant to that trial;\n> \n> > [*\\[Section 3 Amended by No. 53 of 2004, Sched. 1, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2004-053#JS1@Ja5@GC1@Hpa@EN) ***Electoral Commissioner*** means the Electoral Commissioner appointed under [section 14 of the](/view/html/inforce/2026-04-12/act-2004-051#GS14@EN) [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) ;\n> \n> > ***juror*** means a person who is a member of a jury;\n> \n> > ***jury district*** means a jury district referred to in [section 18](#GS18@EN) ;\n> \n> > ***jury list*** means a jury list referred to in [section 20](#GS20@EN) ;\n> \n> > ***jury roll*** means a jury roll referred to in [section 19](#GS19@EN) ;\n> \n> > ***jury service*** means service as a juror in a trial;\n> \n> > ***jury service period*** means the period for which a jury roll is prepared;\n> \n> > ***majority verdict*** means a verdict on which 10 jurors agree;\n> \n> > ***non-disqualifying offence*** means an offence that does not disqualify a person from jury service under [Schedule 1](#JS1@EN) ;\n> \n> > ***panel*** means a panel constituted under [section 28(4)](#GS28@Gs4@EN) ;\n> \n> > ***prohibited matter*** means any statement made, opinion expressed, argument advanced or vote cast in the course of the deliberations of a jury;\n> \n> > [*\\[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC1@Hpa@EN) ***psychologist*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession;\n> \n> > ***publish*** includes disseminate, broadcast and transmit;\n> \n> [*\\[Section 3 Amended by No. 20 of 2007, s. 4, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS4@EN) [*\\[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC1@Hpb@EN)\n> \n> > ***reserve juror*** means a person referred to in [section 26](#GS26@EN) ;\n> \n> > ***Sheriff*** means the sheriff or deputy sheriff of the court;\n> \n> > [*\\[Section 3 Amended by No. 53 of 2004, Sched. 1, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2004-053#JS1@Ja5@GC1@Hpb@EN) ***State roll*** means the State roll as defined in the [Electoral Act 2004](/view/html/inforce/2026-04-12/act-2004-051) ;\n> \n> > ***supplementary juror*** means a person referred to in [section 37](#GS37@EN) ;\n> \n> > ***trial*** means a civil trial or a criminal trial;\n> \n> > ***view*** includes inspection.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Random selection","content":"### 4 Random selection\n\n> The selection of a person for any purpose of this Act, other than for a purpose under [section 37](#GS37@EN) , is to be at random.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"### 5 Application of Act\n\n> This Act applies to a trial involving a jury the members of which are summoned under this Act, irrespective of when the offence or crime to which the trial relates is alleged to have been committed or when the cause of action arose.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Liability for jury service","content":"# Part 2 Liability for jury service","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Persons qualified, liable or ineligible for jury service","content":"### 6 Persons qualified, liable or ineligible for jury service\n\n> > (1)  Any person who is enrolled on the State roll is qualified and liable for jury service.\n> \n> > (2)  A person referred to in [Schedule 1](#JS1@EN) is disqualified from jury service.\n> \n> > (3)  A person referred to in [Schedule 2](#JS2@EN) is ineligible for jury service.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Impeaching verdict","content":"### 7 Impeaching verdict\n\n> > (1)  The fact that a juror is disqualified from, or is ineligible for, jury service is not a ground for impeaching a verdict unless that fact is established to the satisfaction of the court before the verdict is delivered.\n> \n> > (2)  Any irregularity relating to the preparation of a jury list, the issuing of a summons, the constitution of a panel or the selection of a jury is not a ground for impeaching a verdict.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Deferral of jury service","content":"### 8 Deferral of jury service\n\n> > (1)  A person, or another person on his or her behalf, may apply to the Sheriff for deferral of jury service to another jury service period within the next 12 months.\n> \n> > (2)  [*\\[Section 8 Subsection (2) substituted by No. 20 of 2007, s. 5, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS5@Hpa@EN) The application is to be made before the person by or for whom it is made is selected to be empanelled for a jury under [section 29](#GS29@EN) .\n> \n> > (3)  [*\\[Section 8 Subsection (3) amended by No. 20 of 2007, s. 5, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS5@Hpb@EN) On receipt of the application, the Sheriff may –\n> > \n> > > > (a) [*\\[Section 8 Subsection (3) amended by No. 20 of 2007, s. 5, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS5@Hpc@EN) grant the application to defer the jury service for a further period within the next 12 months; or\n> > > \n> > > > (b) refuse to grant the application.\n> \n> > (4)  If the Sheriff refuses to grant the application to defer a person's jury service, the Sheriff, by notice in writing, is to notify the person accordingly.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Excused by Sheriff for good reason","content":"### 9 Excused by Sheriff for good reason\n\n> > (1)  A person, or another person on his or her behalf, before the person is selected under [section 29](#GS29@EN) to be empanelled, may apply to the Sheriff to be excused from jury service for the whole or any part of the jury service period.\n> \n> > (2)  On receipt of an application, the Sheriff may –\n> > \n> > > > (a) grant the application to 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; or\n> > > \n> > > > (b) refuse to grant the application if not so satisfied.\n> \n> > (3)  Good reason to excuse a person from jury service means any of the following:\n> > \n> > > > (a) the illness or poor health of the person;\n> > > \n> > > > (b) the incapacity of the person;\n> > > \n> > > > (c) the excessive time or excessive inconvenience to the person to travel to the place at which the person is required to attend for jury service;\n> > > \n> > > > (d) the substantial hardship to the person resulting from attendance for jury service;\n> > > \n> > > > (e) the substantial financial hardship resulting from the person's attendance for jury service;\n> > > \n> > > > (f) the substantial inconvenience to the public resulting from the person's attendance for jury service;\n> > > \n> > > > (g) if the person has the care of any dependant, alternative care during the person's attendance for jury service is not reasonably available for that dependant;\n> > > \n> > > > (h) the beliefs or principles of the religious society or body of which the person is a practising member are incompatible with jury service;\n> > > \n> > > > (i) any other matter of special urgency or importance.\n> \n> > (4)  The Sheriff is to be satisfied by –\n> > \n> > > > (a) evidence on oath or by affirmation; or\n> > > \n> > > > (b) statutory declaration; or\n> > > \n> > > > (c) any other means the Sheriff considers appropriate.\n> \n> > (5)  If the Sheriff refuses an application to be excused from jury service, the Sheriff is to notify the person in respect of whom the application was made accordingly.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Permanently excused","content":"### 10 Permanently excused\n\n> > (1)  A person, or another person on his or her behalf, may apply at any time to the Sheriff for the person to be excused permanently from jury service.\n> \n> > (2)  On receipt of an application, the Sheriff may –\n> > \n> > > > (a) grant the application to excuse a person permanently from jury service if satisfied that there is good reason for doing so; or\n> > > \n> > > > (b) refuse to grant the application if not so satisfied.\n> \n> > (3)  Good reason to excuse a person permanently from jury service means any of the following:\n> > \n> > > > (a) the continuing poor health of the person;\n> > > \n> > > > (b) the disability of the person;\n> > > \n> > > > (c) the beliefs or principles of the religious society or body of which the person is a practising member are incompatible with jury service.\n> \n> > (4)  The Sheriff is to be satisfied by –\n> > \n> > > > (a) evidence on oath or by affirmation; or\n> > > \n> > > > (b) statutory declaration; or\n> > > \n> > > > (c) any other means the Sheriff considers appropriate.\n> \n> > (5)  If the Sheriff refuses an application to be excused permanently from jury service, the Sheriff, by notice in writing, is to notify the person in respect of whom the application was made accordingly.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Excused on ground of age","content":"### 11 Excused on ground of age\n\n> > (1)  A person who is at least 70 years of age, or another person on his or her behalf, may apply to the Sheriff for the person to be excused from jury service –\n> > \n> > > > (a) for the whole or any part of a jury service period; or\n> > > \n> > > > (b) on a permanent basis.\n> \n> > (2)  An application under [subsection (1)(a)](#GS11@Gs1@Hpa@EN) is to be made before the person is selected under [section 29](#GS29@EN) to be empanelled.\n> \n> > (3)  On receipt of an application, the Sheriff must grant the application to excuse the person from jury service in accordance with the application.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Excused by court for good reason","content":"### 12 Excused by court for good reason\n\n> > (1)  The court, by order, may excuse the 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)  The court may make an order under [subsection (1)](#GS12@Gs1@EN) on referral to it by the Sheriff if the court is satisfied that there is good reason for the person to be excused from jury service.\n> \n> > (3)  For the purpose of [subsection (2)](#GS12@Gs2@EN) , good reason includes the matters specified in [section 9(3)](#GS9@Gs3@EN) and [section 10(3)](#GS10@Gs3@EN) .","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Court may order person not to perform jury service","content":"### 13 Court may order person not to perform jury service\n\n> > (1)  If the Sheriff considers that a person may not be able to perform jury service, the Sheriff may apply to the court for an order under [subsection (2)](#GS13@Gs2@EN) .\n> \n> > (2)  If the court thinks it is just and reasonable to do so, it may, on its own motion or on an application under [subsection (1)](#GS13@Gs1@EN) , order that a person not perform jury service –\n> > \n> > > > (a) for the whole or any part of the jury service period; or\n> > > \n> > > > (b) for a longer period specified by the court; or\n> > > \n> > > > (c) permanently.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Exemptions in certain circumstances","content":"### 14 Exemptions in certain circumstances\n\n> > (1)  The Sheriff may grant a person who performs jury service an exemption from jury service for any period, not exceeding 3 years, that the Sheriff considers appropriate.\n> \n> > (2)  When a juror or a jury is discharged during or at the conclusion of a trial, the court may order that the juror is, or all the jurors are, exempt for a specified period from jury service –\n> > \n> > > > (a) if the trial required the attendance of the juror or jury for a lengthy period; or\n> > > \n> > > > (b) for any other good reason.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Notification to Sheriff","content":"### 15 Notification to Sheriff\n\n> The court is to cause the Sheriff to be notified –\n> \n> > > (a) if it –\n> > > \n> > > > > (i) excuses or exempts a person from jury service under [section 12](#GS12@EN) or [14](#GS14@EN) ; or\n> > > > \n> > > > > (ii) orders that a person not perform jury service under [section 13](#GS13@EN) ; and\n> > \n> > > (b) of the period for which the person is excused or exempted from jury service or ordered not to perform jury service.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Waiver of exemption or excuse","content":"### 16 Waiver of exemption or excuse\n\n> A person who is –\n> \n> > > (a) excused from jury service under [section 9](#GS9@EN) , [10](#GS10@EN) or [11](#GS11@EN) ; or\n> > \n> > > (b) exempted from jury service under [section 14](#GS14@EN)  –\n> \n> may waive the excuse or exemption by written notice to the Sheriff.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Deferring or cancelling jury service","content":"### 17 Deferring or cancelling jury service\n\n> > (1)  If it appears to the Sheriff, after the issue of summonses under [section 27](#GS27@EN) 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 required, the Sheriff 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 exceeds the number reasonably required, the Sheriff or the court may defer or cancel the jury service of all or a selected number of those persons.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jury districts, rolls and lists","content":"# Part 3 Jury districts, rolls and lists","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Jury districts","content":"### 18 Jury districts\n\n> > (1)  There is a jury district for Hobart and any other place at which the court is held.\n> \n> > (2)  The Governor, on the recommendation of the Minister, is to define and appoint, by order published in the *Gazette*, a jury district for Hobart and any other place at which the court is held.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Jury roll","content":"### 19 Jury roll\n\n> > (1)  [*\\[Section 19 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2004-053#JS1@Ja5@GC2@EN) The Electoral Commissioner, at the request of the Sheriff, is to provide a roll for each jury district.\n> \n> > (2)  The roll for a jury district is to contain the name, address and date of birth of each person who is enrolled on the State roll for an address within that jury district.\n> \n> > (3)  The roll provided under this section for a jury district is the jury roll for that jury district until a new jury roll is provided.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Jury list","content":"### 20 Jury list\n\n> > (1)  The Sheriff is to prepare in each calendar year a list of persons selected from a jury roll by the Sheriff as being liable for jury service in a jury district.\n> \n> > (2)  The jury list is to include a number of persons the Sheriff considers adequate excluding –\n> > \n> > > > (a) persons the Sheriff knows are disqualified from, or ineligible for, jury service; and\n> > > \n> > > > (b) persons who have served as jurors in the previous 3 years.\n> \n> > (3)  The jury list is to contain the name, address and date of birth of each person on the jury list.\n> \n> > (4)  The Sheriff may make any enquiries he or she considers necessary to determine if –\n> > \n> > > > (a) a person included on a jury list is disqualified from, or ineligible for, jury service; or\n> > > \n> > > > (b) any information contained in a jury list is incorrect.\n> \n> > (4A)  [*\\[Section 20 Subsection (4A) inserted by No. 20 of 2007, s. 6, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS6@EN) Without limiting the generality of [subsection (4)](#GS20@Gs4@EN) , the Sheriff, by notice, may require a person on a jury list to produce a document to determine if the person is qualified for jury service.\n> \n> > (4B)  [*\\[Section 20 Subsection (4B) inserted by No. 20 of 2007, s. 6, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS6@EN) A person, without reasonable excuse, must not fail to comply with a requirement under [subsection (4A)](#GS20@Gs4A@EN) .\n> > \n> > Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months.\n> \n> > (5)  The Sheriff may amend a jury list to –\n> > \n> > > > (a) correct an error; or\n> > > \n> > > > (b) remove from the jury list the name of a person who is disqualified from, or ineligible for, jury service.\n> \n> > (6)  A jury list has effect only during the calendar year following the year in which it was prepared.","sortOrder":22},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n[*\\[Section 21 Repealed by No. 20 of 2007, s. 7, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS7@EN)","sortOrder":23},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n[*\\[Section 22 Repealed by No. 20 of 2007, s. 7, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS7@EN)","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Enquiries relating to disqualification","content":"### 23 Enquiries relating to disqualification\n\n> > (1)  The Sheriff is to provide the Commissioner of Police with a copy of –\n> > \n> > > > (a) each jury list; and\n> > > \n> > > > (b) a list of persons to be summoned under [section 27](#GS27@EN) .\n> \n> > (2)  The Commissioner of Police is to –\n> > \n> > > > (a) cause enquiries to be made as to whether a person named on the jury list or the list of persons to be summoned under [section 27](#GS27@EN) has, or is alleged to have, committed an offence in Tasmania or elsewhere to determine whether the person is disqualified from jury service; and\n> > > \n> > > > (b) provide a report of the result of those enquiries to the Sheriff.\n> \n> > (3)  If an enquiry reveals that a person named on a jury list or the list of persons to be summoned under [section 27](#GS27@EN) is disqualified, the Sheriff is to remove the person's name from the jury list or that list.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Enquiries relating to non-disqualifying offences","content":"### 24 Enquiries relating to non-disqualifying offences\n\n> The Commissioner of Police, at the request of the Director of Public Prosecutions, is to –\n> \n> > > (a) cause enquiries to be made as to whether a person named on the list provided under [section 27(6)](#GS27@Gs6@EN) has, or is alleged to have, committed a non-disqualifying offence in Tasmania or elsewhere; and\n> > \n> > > (b) provide a report of the result of those enquiries to the Director of Public Prosecutions.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Summoning jurors","content":"# Part 4 Summoning jurors","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Civil and criminal juries","content":"### 25 Civil and criminal juries\n\n> > (1)  If a civil trial is to be tried by a jury, the jury is to be comprised of –\n> > \n> > > > (a) 7 jurors; or\n> > > \n> > > > (b) if the court makes an order under [section 26](#GS26@EN) , up to 9 jurors.\n> \n> > (2)  A criminal trial is to be tried by a jury comprised of –\n> > \n> > > > (a) 12 jurors; or\n> > > \n> > > > (b) if the court makes an order under [section 26](#GS26@EN) , up to 14 jurors.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Reserve jurors","content":"### 26 Reserve jurors\n\n> > (1)  Before the jury is empanelled in a trial, the court may order the empanelment of up to 2 reserve jurors.\n> \n> > (2)  A reserve juror –\n> > \n> > > > (a) is to have the same qualifications as a juror; and\n> > > \n> > > > (b) is to be summoned and empanelled in the same manner as a juror; and\n> > > \n> > > > (c) is subject to the same challenges and liability to be stood aside or discharged as a juror; and\n> > > \n> > > > (d) is to take the same oath or make the same affirmation as a juror; and\n> > > \n> > > > (e) has the same functions, powers, entitlements and privileges as a juror.\n> \n> > (3)  The law in respect of jurors applies to a reserve juror with any modifications as are required.\n> \n> > (4)  If a juror, during a trial (whether before or after the jury retires to consider its verdict), dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the juror is to be replaced by a reserve juror determined in a manner determined by the court.\n> \n> > (5)  If a reserve juror who has not replaced a juror dies or becomes incapable of, is disqualified from, or is discharged from, performing the duties as a juror, the trial in respect of which he or she is a reserve juror is not affected by that death, incapacity, disqualification or discharge.\n> \n> > (6)  A reserve juror is to remain in the court during a trial in respect of which he or she is a reserve juror unless discharged or permitted by the court to leave the precincts of the court.\n> \n> > (7)  The court in which a trial is being conducted, at any time after a jury in that trial has retired to consider its verdict, may discharge a reserve juror empanelled in respect of that trial.\n> \n> > (8)  If the jury retires to consider its verdict, a reserve juror, unless otherwise directed by the court, must not –\n> > \n> > > > (a) participate in the deliberations of the jury; or\n> > > \n> > > > (b) enter the jury room or discuss any other matter relating to the trial with any juror until the jury has returned its verdict.","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Summons","content":"### 27 Summons\n\n> > (1)  The Sheriff is to issue a summons to a sufficient number of persons selected from a jury list.\n> \n> > (2)  A summons is to –\n> > \n> > > > (a) be addressed to the person at the address recorded in the jury list; and\n> > > \n> > > > (b) specify the date, time and place at which the person is required to attend for jury service; and\n> > > \n> > > > (c) specify that the person is to attend for jury service as required until discharged; and\n> > > \n> > > > (d) be served on the person in person or by ordinary post not less than 14 days before the person is required to attend for jury service.\n> \n> > (3)  The Sheriff 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 cancelled summons was issued.\n> \n> > (4)  A person, without reasonable excuse, must not fail to comply with a summons.\n> > \n> > Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months.\n> \n> > (5)  It is a reasonable excuse for the purpose of [subsection (4)](#GS27@Gs4@EN) if –\n> > \n> > > > (a) an application has been made under [section 8](#GS8@EN) for deferral of jury service or under [section 9](#GS9@EN) or [10](#GS10@EN) to be excused from jury service; and\n> > > \n> > > > (b) the person has not been notified of the Sheriff'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> > (6)  The Sheriff is to prepare a list of the names of the persons to whom a summons was issued and provide a copy of the list to –\n> > \n> > > > (a) the Director of Public Prosecutions; and\n> > > \n> > > > (b) the Commissioner of Police; and\n> > > \n> > > > (c) the person arraigned or his or her representative; and\n> > > \n> > > > (d) the parties to the trial.","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Jury trials","content":"# Part 5 Jury trials","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Jury panel","content":"### 28 Jury panel\n\n> > (1)  On the day and at the time specified in the summons issued under [section 27](#GS27@EN) or on any other day and at a time directed by the court or the Sheriff, the person named in the summons is to attend for jury service at the place referred to in the summons unless the person's service is deferred or cancelled under [section 17](#GS17@EN) .\n> \n> > (2)  The Sheriff or Deputy Sheriff may require a person attending for jury service to produce evidence of his or her identity.\n> \n> > (3)  For each person attending for jury service, the Sheriff or Deputy Sheriff is to cause to be prepared a document bearing –\n> > \n> > > > (a) the name, address and date of birth of the person; and\n> > > \n> > > > (b) the occupation of the person.\n> \n> > (4)  The persons who attend for jury service –\n> > \n> > > > (a) constitute a panel from which a jury may be formed; and\n> > > \n> > > > (b) are under the direction of the Sheriff or Deputy Sheriff, subject to the general direction of the court.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Empanelment","content":"### 29 Empanelment\n\n> [*\\[Section 29 Substituted by No. 7 of 2005, s. 4, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2005-007#GS4@EN)\n> \n> > (1)  The court is to authorise a person to select persons to be empanelled for a jury for a trial.\n> \n> > (2)  For a criminal trial, before the selection of persons to be empanelled for the jury, the judge or a person authorised by the judge is to inform the person arraigned that –\n> > \n> > > > (a) the persons whose names are about to be called may become jurors for the trial; and\n> > > \n> > > > (b) once those persons have taken their place in the jury box, the person arraigned will be asked whether he or she wants to challenge any of them.\n> \n> > (3)  The authorised person is to select from a panel a sufficient number of persons to be empanelled for a jury for a trial.\n> \n> > (4)  The authorised person is to call out the names of the persons selected or, if the court makes a direction under [subsection (7)](#GS29@Gs7@EN) , their number.\n> \n> > (5)  The persons called are to take a seat in the jury box.\n> \n> > (6)  If 2 or more persons have the same name, the authorised person is to call out their occupations and, if 2 or more persons have the same name and occupation, their dates of birth.\n> \n> > (7)  If the court considers that for security reasons or for any other reason the name of any person selected should not be read out in open court, the court, before or after that person is present in the court, may direct that the person be identified by number only.\n> \n> > (8)  In a criminal trial, when the persons selected to be empanelled are together in the jury box –\n> > \n> > > > (a) counsel for the Crown is to be invited to announce those it wishes to stand aside or challenge for cause; and\n> > > \n> > > > (b) the person arraigned, or his or her counsel, is to be invited to make his or her challenges; and\n> > > \n> > > > (c) the persons stood aside or challenged are to be replaced by others selected from the panel.\n> \n> > (9)  In a civil trial, when the persons selected to be empanelled are together in the jury box –\n> > \n> > > > (a) the parties or their counsel are to be invited to make their challenges; and\n> > > \n> > > > (b) the persons challenged are to be replaced by others selected from the panel.\n> \n> > (10)  The process initiated in accordance with [subsection (8)](#GS29@Gs8@EN) or [(9)](#GS29@Gs9@EN) is to continue until no more persons are stood aside or challenged.\n> \n> > (11)  Those persons who have been selected and not stood aside or challenged are thereby empanelled and constitute the jury for that trial.\n> \n> > (12)  A person empanelled for a jury, without reasonable excuse, must not fail to attend as a juror until discharged by the court.\n> > \n> > Penalty:  Fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Challenges for cause in civil trials","content":"### 30 Challenges for cause in civil trials\n\n> In a civil trial, the number of potential jurors that each party may challenge for cause is unlimited.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Peremptory challenges in civil trials","content":"### 31 Peremptory challenges in civil trials\n\n> > (1)  In a civil trial, each party is allowed to challenge peremptorily 3 potential jurors.\n> \n> > (2)  [*\\[Section 31 Subsection (2) omitted by No. 7 of 2005, s. 5, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2005-007#GS5@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  [*\\[Section 31 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja43@GC1@Hpa@EN) If several parties are represented in a civil trial by the same Australian legal practitioner, they are taken to be one party.\n> \n> > (4)  [*\\[Section 31 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja43@GC1@Hpb@EN) If several parties are not represented in a civil trial by the same Australian legal practitioner –\n> > \n> > > > (a) they may consent to join in their peremptory challenges; or\n> > > \n> > > > (b) if they do not consent, each is allowed to challenge peremptorily as provided by [subsection (1)](#GS31@Gs1@EN) .\n> \n> > (5)  Unless the court otherwise orders, a potential juror in respect of whom a peremptory challenge is made –\n> > \n> > > > (a) is to return to the panel; and\n> > > \n> > > > (b) may be selected on a jury for another trial.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Challenges to entire panel","content":"### 32 Challenges to entire panel\n\n> > (1)  A party to a trial who objects to the entire panel may challenge the panel by stating the reasons for the challenge before the empanelment of the jury commences.\n> \n> > (2)  The court is to decide the challenge before proceeding to empanel the jury.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Challenges for cause in criminal trials","content":"### 33 Challenges for cause in criminal trials\n\n> In a criminal trial, the number of potential jurors that each person arraigned or the Crown may challenge for cause is unlimited.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Standing aside jurors in criminal trials","content":"### 34 Standing aside jurors in criminal trials\n\n> > (1)  In a criminal trial, the number of potential jurors that the Crown may require to stand aside is unlimited.\n> \n> > (2)  [*\\[Section 34 Subsection (2) omitted by No. 7 of 2005, s. 6, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2005-007#GS6@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  A potential juror required to stand aside by the Crown –\n> > \n> > > > (a) continues to be a member of the panel from which the jury is being selected; and\n> > > \n> > > > (b) is available to be selected again for the trial if the panel is exhausted.\n> \n> > (4)  If a potential juror required to stand aside by the Crown is selected again from the same panel, the Crown may not require the potential juror to stand aside again but may challenge him or her for cause.\n> \n> > (5)  This section does not apply to an investigation under the [Criminal Justice (Mental Impairment) Act 1999](/view/html/inforce/2026-04-12/act-1999-021) .","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Peremptory challenges in criminal trials","content":"### 35 Peremptory challenges in criminal trials\n\n> > (1)  Each person arraigned in a criminal trial is allowed to challenge peremptorily 6 potential jurors.\n> \n> > (2)  [*\\[Section 35 Subsection (2) omitted by No. 7 of 2005, s. 7, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2005-007#GS7@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  A person arraigned may –\n> > \n> > > > (a) if that person has peremptorily challenged 6 potential jurors, challenge peremptorily one reserve juror; or\n> > > \n> > > > (b) if that person has peremptorily challenged fewer than 6 potential jurors, challenge peremptorily a number of reserve jurors that is equal to 6 minus the number of potential jurors challenged under [subsection (1)](#GS35@Gs1@EN) plus one.\n> \n> > (4)  This section does not apply to an investigation under the [Criminal Justice (Mental Impairment) Act 1999](/view/html/inforce/2026-04-12/act-1999-021) .\n> \n> > (5)  Unless the court orders otherwise, a potential juror in respect of whom a peremptory challenge is made –\n> > \n> > > > (a) is to return to the panel; and\n> > > \n> > > > (b) may be selected on a jury for another trial.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Determination of challenges for cause","content":"### 36 Determination of challenges for cause\n\n> > (1)  A challenge to a potential juror for cause is to be heard and determined by the court before whom the jury is being empanelled.\n> \n> > (2)  If a challenge for cause to a potential juror for a trial is upheld, the person challenged is not to be empanelled on the jury for that trial.\n> \n> > (3)  Unless the court otherwise orders, a potential juror in respect of whom a challenge for cause is upheld –\n> > \n> > > > (a) is to return to the panel; and\n> > > \n> > > > (b) may be selected on a jury for another trial.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Supplementary jurors","content":"### 37 Supplementary jurors\n\n> > (1)  If there is an insufficient number of persons available on a panel for the selection of a jury, the court, on its own motion or on application by a party or the person arraigned, may direct the Sheriff to supplement the panel by –\n> > \n> > > > (a) selecting a sufficient number from among persons who are qualified and liable for jury service; and\n> > > \n> > > > (b) instructing them to attend for jury service.\n> \n> > (2)  The number of persons to be selected, and the method of selection, are as the court directs.\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> \n> > (4)  A person, without reasonable excuse, must not fail to comply with an instruction under [subsection (1)(b)](#GS37@Gs1@Hpb@EN) .\n> > \n> > Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months.","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Oath or affirmation by jurors","content":"### 38 Oath or affirmation by jurors\n\n> > (1)  On being empanelled in a criminal trial, a juror, in open court, must take an oath or make an affirmation.\n> \n> > (2)  A juror in a criminal trial is to take an oath by answering \"I swear\" or make an affirmation by answering \"I affirm\" in reply to the oath or affirmation being tendered in accordance with [Part 1](#JS3@HS1@EN) or [2](#JS3@HS2@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (3)  On being empanelled in a civil trial, a juror, in open court, must take an oath or make an affirmation.\n> \n> > (4)  A juror in a civil trial is to take an oath by answering \"I swear\" or make an affirmation by answering \"I affirm\" in reply to the oath or affirmation being tendered in accordance with [Part 3](#JS3@HS3@EN) or [4](#JS3@HS4@EN) of [Schedule 3](#JS3@EN) .\n> \n> > (4A)  [*\\[Section 38 Subsection (4A) inserted by No. 7 of 2005, s. 8, Applied:01 Jan 2006\\]*](/view/html/inforce/2006-01-01/act-2005-007#GS8@EN) All jurors taking an oath may do so at the same time and all jurors making an affirmation may do so at the same time.\n> \n> > (5)  A person, without reasonable excuse, must not fail to take the appropriate oath or make the appropriate affirmation.\n> > \n> > Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months.","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Information for jury","content":"### 39 Information for jury\n\n> > (1)  The court is to inform the jury, or cause the jury to be informed, of the following:\n> > \n> > > > (a) the type of action or charge involved in the trial;\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 considers relevant.\n> \n> > (2)  The court is to call on the jurors to seek to be excused from jury service for the trial.\n> \n> > (3)  [*\\[Section 39 Subsection (3) substituted by No. 13 of 2012, s. 35, Applied:30 May 2012\\]*](/view/html/inforce/2012-05-30/act-2012-013#GS35@EN) The court may excuse a juror from jury service for the trial if –\n> > \n> > > > (a) the court suspects on reasonable grounds that the juror may not be able to consider the case impartially; or\n> > > \n> > > > (b) the court is satisfied that the person is unable to perform jury service for any other reason.\n> \n> > (4)  If the court excuses a juror from jury service for the trial, the court may direct that another person be selected and sworn in for that trial.\n> \n> > (5)  Unless the court otherwise orders, a juror excused from jury service under [subsection (3)](#GS39@Gs3@EN)  –\n> > \n> > > > (a) is to return to the panel; and\n> > > \n> > > > (b) may be selected on a jury for another trial.","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Discharge of juror by court","content":"### 40 Discharge of juror by court\n\n> The court, during a trial, may discharge a juror without discharging the whole jury if –\n> \n> > > (a) [*\\[Section 40 Amended by No. 13 of 2012, s. 36, Applied:30 May 2012\\]*](/view/html/inforce/2012-05-30/act-2012-013#GS36@EN) the court suspects on reasonable grounds that the juror may not be able to consider the case impartially; or\n> > \n> > > (b) the juror becomes incapable of continuing to act as a juror; or\n> > \n> > > (c) the juror becomes ill or dies; or\n> > \n> > > (d) it appears to the court that, for any other reason, the juror should not continue to act as a juror.","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Discharge of jury without verdict","content":"### 41 Discharge of jury without verdict\n\n> > (1)  [*\\[Section 41 Subsection (1) amended by No. 13 of 2012, s. 37, Applied:30 May 2012\\]*](/view/html/inforce/2012-05-30/act-2012-013#GS37@EN) The court, at any time during a trial, may discharge a jury without giving a verdict if it is expedient to do so in the interests of justice.\n> \n> > (2)  If a jury is discharged without giving a verdict, the court may order the trial to be held at the same or any future sittings of the court.\n> \n> > (3)  If, during a trial, a judge becomes incapable of proceeding with the trial or directing the discharge of the jury, an officer of the court is to discharge the jury.\n> \n> > (4)  If a jury is discharged under this section, a person arraigned is to remain in custody unless admitted to bail.","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Continuation of trial with reduced jury","content":"### 42 Continuation of trial with reduced jury\n\n> > (1)  If a juror dies or is discharged during a trial and there is no reserve juror, the court may direct that the trial be continued with the remaining jurors.\n> \n> > (2)  A civil trial must not continue with fewer than 6 jurors.\n> \n> > (3)  A criminal trial must not continue with fewer than 10 jurors.\n> \n> > (4)  The verdict of the remaining jurors in a trial has the same effect as if all the jurors had been present.","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Failure to reach unanimous verdict in criminal trials","content":"### 43 Failure to reach unanimous verdict in criminal trials\n\n> > (1)  If, after deliberating for at least 2 hours, a jury in a criminal trial, other than one relating to treason or murder, has not reached a unanimous verdict, the court is to take a majority verdict as the verdict of the jury.\n> \n> > (2)  If, after deliberating for at least 6 hours, a jury in a criminal trial relating to treason or murder has not reached a unanimous verdict, the court is to take a majority verdict of not guilty as the verdict of the jury.\n> \n> > (3)  A verdict that the accused is guilty of murder or treason is to be unanimous.\n> \n> > (4)  If in a criminal trial, after deliberating for the period referred to in [subsection (1)](#GS43@Gs1@EN) or [(2)](#GS43@Gs2@EN) as appropriate, a jury has not reached a unanimous verdict and there is no majority verdict, the court may discharge the jury unless the court considers further deliberation is desirable.\n> \n> > (5)  In a criminal trial, a majority verdict on an alternative crime may be taken as the verdict of the jury if –\n> > \n> > > > (a) it is possible for the jury to return a verdict of not guilty of the crime charged but guilty of another crime 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 crime charged; and\n> > > \n> > > > (c) the jury is unable to agree on its verdict on the alternative crime after a cumulative total of at least –\n> > > > \n> > > > > > (i) 2 hours deliberation on both crimes in the case of a criminal trial referred to in [subsection (1)](#GS43@Gs1@EN) ; or\n> > > > > \n> > > > > > (ii) 6 hours deliberation on both crimes in the case of a crime referred to in [subsection (2)](#GS43@Gs2@EN) .","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Failure to reach unanimous verdict in civil trials","content":"### 44 Failure to reach unanimous verdict in civil trials\n\n> > (1)  If, after deliberating for at least 3 hours, a jury in a civil trial has not reached a unanimous verdict, the court is to take a verdict on which 5 of the jurors agree as the verdict of the jury.\n> \n> > (2)  If, after deliberating for at least 4 hours, 5 of the jurors in a civil trial are unable to agree on a verdict, the court is to discharge the jury unless the court considers further deliberation is desirable.","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Oath or affirmation by jurykeepers","content":"### 45 Oath or affirmation by jurykeepers\n\n> > (1)  If a jurykeeper is required in a trial, the jurykeeper is to take an oath or make an affirmation.\n> \n> > (2)  A jurykeeper is to take an oath by answering \"I swear\" or make an affirmation by answering \"I affirm\" in reply to the oath or affirmation being tendered in accordance with [Part 1](#JS4@HS1@EN) or [2](#JS4@HS2@EN) of [Schedule 4](#JS4@EN) .","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Jury separation after retiring to consider verdict","content":"### 46 Jury separation after retiring to consider verdict\n\n> > (1)  After the jury has retired to consider its verdict and before the verdict is given or jurors are discharged, the court, despite any rule of law or practice to the contrary, 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> \n> > (2)  The court may allow a jury or juror to separate only if each separating juror has taken an oath or made an affirmation.\n> \n> > (3)  A juror is to take an oath by answering \"I swear\" or make an affirmation by answering \"I affirm\" in reply to the oath or affirmation being tendered in accordance with [Part 1](#JS5@HS1@EN) or [2](#JS5@HS2@EN) of [Schedule 5](#JS5@EN) .","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Jury separation during adjournment","content":"### 47 Jury separation during adjournment\n\n> > (1)  The court, on the adjournment of a trial, may –\n> > \n> > > > (a) allow the jury to separate; or\n> > > \n> > > > (b) direct that the jury be kept together until it has given its verdict or has been discharged.\n> \n> > (2)  A jury that is subject to a direction under [subsection (1)(b)](#GS47@Gs1@Hpb@EN) may, during any adjournment of the trial, be taken under the charge of any officer of the court or police officer sworn for that purpose.\n> \n> > (3)  A member of a jury that is subject to a direction under [subsection (1)(b)](#GS47@Gs1@Hpb@EN) must not communicate with any person except –\n> > \n> > > > (a) another member of that jury; or\n> > > \n> > > > (b) an officer in charge of that jury, in connection with that officer's duties.\n> \n> > (4)  An officer in charge of a jury that is subject to a direction under [subsection (1)(b)](#GS47@Gs1@Hpb@EN) must not communicate with a member of that jury except in the performance of that officer's duties.\n> \n> > (5)  An officer of the court or police officer who is to be in charge of a jury that is subject to a direction under [subsection (1)(b)](#GS47@Gs1@Hpb@EN) must take the oath or make the affirmation specified in [Schedule 4](#JS4@EN) .\n> \n> > (6)  A member of a jury, before leaving the court, must take the oath or make the affirmation specified in [Schedule 5](#JS5@EN) .","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Jury separation during argument","content":"### 48 Jury separation during argument\n\n> The court may permit the jury in a trial to separate while a question that the court has directed be determined in its absence is argued and determined notwithstanding that there has not been an adjournment of the trial.","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Retirement of jury on argument as to evidence","content":"### 49 Retirement of jury on argument as to evidence\n\n> If a question arises in a trial as to the admissibility of any evidence tendered, or about to be tendered, the court may direct the jury to retire until the question is determined if of the opinion that a party in that trial might be prejudiced if the evidence is given or the argument on the question takes place in the presence of the jury.","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Temporary absence of juror","content":"### 50 Temporary absence of juror\n\n> The temporary absence of a jury in a trial necessitated by illness or other unavoidable cause is not a separation of the jury for the purpose of this Act if the court permits that absence subject to any conditions and under any safeguards the court considers necessary.","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Misconduct concerning jurors","content":"### 51 Misconduct concerning jurors\n\n> > (1)  If a person contravenes [section 47](#GS47@EN) , any direction made under [section 47](#GS47@EN) or any condition imposed under [section 50](#GS50@EN)  –\n> > \n> > > > (a) the person is guilty of contempt of court and may be punished accordingly; and\n> > > \n> > > > (b) the contravention invalidates the proceedings unless the court decides otherwise on being satisfied that the contravention is of a trivial nature and is not likely to prejudice the fair trial of the case.\n> \n> > (2)  If the contravention is discovered before judgment, the court may –\n> > \n> > > > (a) discharge the jury if it has not already been discharged and order another jury to be sworn for the trial at the same sittings of the court; or\n> > > \n> > > > (b) adjourn the trial.\n> \n> > (3)  The decision of the court under [subsection (1)(b)](#GS51@Gs1@Hpb@EN) is subject to appeal.","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"View","content":"### 52 View\n\n> > (1)  If a judge makes an order under [section 53(1) of the](/view/html/inforce/2026-04-12/act-2001-076#GS53@Gs1@EN) [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) , the judge, subject to [section 53(4)](/view/html/inforce/2026-04-12/act-2001-076#GS53@Gs4@EN) of that Act, may direct that the jury, at any time before their verdict is delivered, is to be taken under the charge of officers of the court or police officers to view the demonstration or experiment or undertake the inspection.\n> \n> > (2)  The judge may appoint 2 persons or, if the accused person declines to ask for a shower, one person to accompany the jury.\n> \n> > (3)  A person appointed under [subsection (2)](#GS52@Gs2@EN) must take the oath or make the affirmation specified in [Schedule 6](#JS6@EN) or [7](#JS7@EN) as appropriate.","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Allowances and remuneration for jury service","content":"### 53 Allowances and remuneration for jury service\n\n> > (1)  The following persons are entitled to be paid prescribed allowances and remuneration whether or not they have actually served as a juror:\n> > \n> > > > (a) any person who attended for jury service in response to a summons;\n> > > \n> > > > (b) any person who attended for jury service as a supplementary juror.\n> \n> > (2)  [*\\[Section 53 Subsection (2) substituted by No. 20 of 2007, s. 8, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS8@EN) However, a person who attends for but is excused from jury service is not entitled to be paid any allowances or remuneration if he or she –\n> > \n> > > > (a) was aware of a circumstance that may constitute a reason for being excused under this Act; and\n> > > \n> > > > (b) did not apply to the Sheriff to be excused at the first reasonable opportunity after becoming so aware.","sortOrder":57},{"sectionNumber":"Part 6","sectionType":"part","heading":"Offences and enforcement","content":"# Part 6 Offences and enforcement","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Answering questions","content":"### 54 Answering questions\n\n> A person to whom a question is lawfully put under this Act by the court or the Sheriff, without reasonable excuse, must not –\n> \n> > > (a) fail to answer the question; or\n> > \n> > > (b) give an answer to the question that is false or misleading.\n> \n> Penalty:  Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months.","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Informing disqualification or ineligibility","content":"### 55 Informing disqualification or ineligibility\n\n> A 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 inform the Sheriff as soon as practicable –\n> \n> > > (a) of that fact; and\n> > \n> > > (b) of the reason for the disqualification or ineligibility.\n> \n> Penalty:  Fine not exceeding 30 penalty units.","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Termination of employment because of jury service","content":"### 56 Termination of employment 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> > \n> > because the employee is, was or is to be absent from employment on jury service.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 600 penalty units; or\n> > > \n> > > > (b) a natural person, a fine not exceeding 120 penalty units or imprisonment for a term not exceeding 12 months.\n> \n> > (2)  If an employer is found guilty of an offence under [subsection (1)](#GS56@Gs1@EN) , 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> > (3)  If the court considers that it is impracticable to reinstate the employee, the court may order the employer to pay the employee an amount of compensation not exceeding the amount of remuneration paid to the employee by the employer during the 12 months immediately before the employee's employment was terminated.\n> \n> > (4)  An order under [subsection (2)(a)](#GS56@Gs2@Hpa@EN) or [subsection (3)](#GS56@Gs3@EN)  –\n> > \n> > > > (a) is taken to be a judgment debt due by the employer to the employee; and\n> > > \n> > > > (b) may be enforced in the court by which it was made.\n> \n> > (5)  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 comply with an order under [subsection (2)(b)](#GS56@Gs2@Hpb@EN) is recoverable as a debt due to the employee by the employer in any court of competent jurisdiction.","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Restriction on publication","content":"### 57 Restriction on publication\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> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 3 000 penalty units; or\n> > > \n> > > > (b) a natural person, a fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (2)  For the purpose of [subsection (1)](#GS57@Gs1@EN) , a person who holds a licence under the [Broadcasting Services Act 1992](/view/html/inforce/2026-04-12/act-2003-048) of the Commonwealth or a licence continued in force under the [Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992](/view/html/inforce/2026-04-12/act-2003-048) of the Commonwealth for a broadcasting service that publishes any information or image that identifies, or is capable of identifying, a person attending for jury service is taken to have caused the publication of that information or image.\n> \n> > (3)  This section does not apply to –\n> > \n> > > > (a) the publication of information or images in respect of a proceeding under this section; or\n> > > \n> > > > (b) the provision of a report under [section 24(b)](#GS24@Hpb@EN) ; or\n> > > \n> > > > (c) the provision of the list as referred to in [section 27(6)](#GS27@Gs6@EN) ; or\n> > > \n> > > > (d) the publication of information or images of a prescribed kind.","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Disclosure of certain matters","content":"### 58 Disclosure of certain matters\n\n> > (1)  A person must not –\n> > \n> > > > (a) publish, or cause to be published, any prohibited matter; or\n> > > \n> > > > (b) solicit or obtain the disclosure by a juror or former juror of any prohibited matter.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) a body corporate, a fine not exceeding 3 000 penalty units; or\n> > > \n> > > > (b) a natural person, a fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (2)  A juror must not disclose any prohibited matter during the course of a trial except in the course of deliberations with another juror in that trial.\n> > \n> > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (3)  A former juror must not disclose any prohibited matter if the person has reason to believe that the disclosure may result in the prohibited matter being published to the public.\n> > \n> > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (4)  The provisions of [subsection (1)](#GS58@Gs1@EN) or [subsection (3)](#GS58@Gs3@EN) do not prevent a former juror from disclosing, in relation to issues arising out of the person's service as a juror, any prohibited matter to –\n> > \n> > > > (a) [*\\[Section 58 Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC2@Hpa@EN) a medical practitioner or a psychologist in the course of treatment; or\n> > > \n> > > > (b) [*\\[Section 58 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja43@GC2@EN) an Australian legal practitioner in the course of seeking professional legal advice.\n> \n> > (5)  [*\\[Section 58 Subsection (5) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC2@Hpb@EN) A medical practitioner or psychologist must not disclose any information referred to in [subsection (4)](#GS58@Gs4@EN) to any other person.\n> > \n> > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.\n> \n> > (6)  The provisions of this section do not prevent –\n> > \n> > > > (a) a juror or former juror disclosing any information about the deliberations of a jury to –\n> > > > \n> > > > > > (i) a judge, the court or the Magistrates Court; or\n> > > > > \n> > > > > > (ii) a board or commission appointed by the Governor; or\n> > > > > \n> > > > > > (iii) the Attorney-General; or\n> > > > > \n> > > > > > (iv) the Director of Public Prosecutions for Tasmania for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or\n> > > > > \n> > > > > > (v) the Director of Public Prosecutions for the Commonwealth for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or\n> > > \n> > > > (b) the investigation by a police officer at the request of the Director of Public Prosecutions for Tasmania or the Director of Public Prosecutions for the Commonwealth of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror to the police in the course of the investigation; or\n> > > \n> > > > (c) the investigation by a person authorised by the court sitting as 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 juror or former juror to the authorised person in the course of that investigation; or\n> > > \n> > > > (d) 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; or\n> > > \n> > > > (e) 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> > (7)  This section does not apply to the disclosure of information about a proceeding for an offence under this section if, before the proceeding was commenced, the information had been published generally to the public.\n> \n> > (8)  A prosecution for an offence under this section may only be brought with the consent in writing of the Director of Public Prosecutions or a person authorised by the Director of Public Prosecutions to give consent for the purposes of this subsection.\n> \n> > (9)  An offence under this section is an indictable offence.","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Investigation of certain complaints","content":"### 59 Investigation of certain complaints\n\n> The Director of Public Prosecutions may request the Commissioner of Police to investigate a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror.","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Offence by body corporate","content":"### 60 Offence by body corporate\n\n> If, in proceedings for an offence under 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.","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"False and misleading information","content":"### 61 False and misleading information\n\n> A person, in providing any information or making a representation for the purpose of evading jury service, must not –\n> \n> > > (a) provide it or make it knowing it to be false or misleading; or\n> > \n> > > (b) omit any matter knowing that without that matter the information or representation is false or misleading.\n> \n> Penalty:  In the case of –\n> \n> > > (a) a body corporate, a fine not exceeding 100 penalty units; or\n> > \n> > > (b) a natural person, a fine not exceeding 50 penalty units.","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Impersonation of jurors","content":"### 62 Impersonation of jurors\n\n> A person must not impersonate or attempt to impersonate another person for the purpose of performing jury service as that other person.\n> \n> Penalty:  Fine not exceeding 120 penalty units or imprisonment for a term not exceeding 12 months.","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Influencing or threatening jurors","content":"### 63 Influencing or threatening jurors\n\n> A person must not –\n> \n> > > (a) influence any juror or potential juror by any means, other than the production of evidence and argument in open court; or\n> > \n> > > (b) injure or threaten to injure, or cause or threaten any detriment to, any other person on account of anything done by the person as a juror or for the purpose of influencing the person as a juror; or\n> > \n> > > (c) accept or agree to accept any benefit on account of anything done or to be done by the person as a juror or potential juror; or\n> > \n> > > (d) prevent, obstruct or dissuade another person from attending as a juror or potential juror.\n> \n> Penalty:  Fine not exceeding 500 penalty units or a term of imprisonment not exceeding 5 years, or both.","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Extra payment for jury service","content":"### 64 Extra payment for jury service\n\n> A person must not receive any payment for attendance for jury service, except as provided for under this Act, from any person.\n> \n> Penalty:  Fine not exceeding 120 penalty units or imprisonment for a term not exceeding 12 months.","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Summary offences dealt with by court","content":"### 65 Summary offences dealt with by court\n\n> > (1)  A summary offence under this Act may be dealt with by the court in a manner determined by the court.\n> \n> > (2)  If the court fines a person for an offence under this Act, the fine is enforceable under [Part 6 of the](/view/html/inforce/2026-04-12/act-1997-059#HP6@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":70},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Proof of service","content":"### 66 Proof of service\n\n> > (1)  [*\\[Section 66 Subsection (1) amended by No. 20 of 2007, s. 9, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS9@Hpc@EN) [*\\[Section 66 Subsection (1) amended by No. 20 of 2007, s. 9, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS9@Hpb@EN) [*\\[Section 66 Subsection (1) amended by No. 20 of 2007, s. 9, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS9@Hpa@EN) The production of a certificate signed by the Sheriff that a summons was posted or otherwise dispatched to a person is proof, in the absence of evidence to the contrary, that the summons was served at the address of the person named in the summons.\n> \n> > (2)  [*\\[Section 66 Subsection (2) amended by No. 20 of 2007, s. 9, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS9@Hpd@EN) If a summons is served by post, the certificate referred to in [subsection (1)](#GS66@Gs1@EN) or other evidence of service is to –\n> > \n> > > > (a) [*\\[Section 66 Subsection (2) amended by No. 20 of 2007, s. 9, Applied:01 Aug 2007\\]*](/view/html/inforce/2007-08-01/act-2007-020#GS9@Hpe@EN) identify the summons served; and\n> > > \n> > > > (b) state the date and place of posting.","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Rules of Court","content":"### 67 Rules of Court\n\n> [*\\[Section 67 Amended by No. 18 of 2008, s. 32, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS32@EN) The judges of the Supreme Court, or a majority of them, may make Rules of Court in respect of any matter or thing that may be necessary for the purpose of giving effect to this Act.","sortOrder":73},{"sectionNumber":"68","sectionType":"section","heading":"Regulations","content":"### 68 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  Regulations may be made in relation to –\n> > \n> > > > (a) fees and remuneration; and\n> > > \n> > > > (b) panels of jurors; and\n> > > \n> > > > (c) jury lists.\n> \n> > (3)  Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.\n> \n> > (4)  The regulations may be of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (5)  Regulations under [subsection (4)](#GS68@Gs4@EN) may take effect from the commencement of this Act or on a later day.","sortOrder":74},{"sectionNumber":"69","sectionType":"section","heading":"Savings and transitional provisions","content":"### 69 Savings and transitional provisions\n\n> The savings and transitional provisions set out in [Schedule 8](#JS8@EN) have effect.","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"Amendment of Schedules","content":"### 70 Amendment of Schedules\n\n> > (1)  The Governor, by order, may amend, repeal or substitute a Schedule in whole or in part.\n> \n> > (2)  The provisions of [section 47(3)](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs3@EN) , [(3A)](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs3A@EN) , [(4)](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs4@EN) , [(5)](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs5@EN) , [(6)](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs6@EN) and [(7) of the](/view/html/inforce/2026-04-12/act-1931-059#GS47@Gs7@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) apply to an order under this section as if it were regulations within the meaning of that Act.","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Administration of Act","content":"### 71 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and\n> > \n> > > (b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.\n\n*\n\n**72.**   \n\n> See [Schedule 9](#JS9@EN) .\n\n*","sortOrder":77},{"sectionNumber":"72.","sectionType":"section","heading":null,"content":"### 72.\n\n> See [Schedule 9](#JS9@EN) .","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Jury Act 1899  repealed","content":"### 73 Jury Act 1899  repealed\n\n> The [Jury Act 1899](/view/html/inforce/2026-04-12/act-1899-032) is repealed.","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Miscellaneous amendments","content":"### 74 Miscellaneous amendments\n\n> > (1)  The [Jury (Exemption) Regulations 2002](/view/html/inforce/2026-04-12/sr-2002-149) are rescinded.\n> \n> > (2)  The [Jury Regulations 1998](/view/html/inforce/2026-04-12/sr-1998-165) are rescinded.","sortOrder":80},{"sectionNumber":"SCHEDULE 1 - Persons disqualif","sectionType":"part","heading":"SCHEDULE 1 - Persons disqualified from jury service","content":"# SCHEDULE 1 - Persons disqualif SCHEDULE 1 - Persons disqualified from jury service\n\n[Section 6(2)](#GS6@Gs2@EN)\n\n> **1.   **Prison for indictable offences****\n> \n> > > (1) A person is disqualified from jury service if the person has been convicted in Tasmania or another jurisdiction of 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 in respect of any one or more of those offences; or\n> > > > \n> > > > > (b) a period of detention for 3 years or more under a restriction order made under [section 75 of the](/view/html/inforce/2026-04-12/act-1997-059#GS75@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) or an equivalent order in another jurisdiction.\n> > \n> > > (2) A conviction in respect of which a free pardon has been granted is to be disregarded for the purpose of [subclause (1)](#JS1@GC1@Gc1@EN) .\n> > \n> > > (3) A person who has been convicted in Tasmania or another jurisdiction of one or more indictable offences and sentenced to imprisonment for a term or terms in the aggregate of not less than 3 months is disqualified from jury service for a period of 5 years from the completion of the term of imprisonment.\n> > \n> > > (4) A person who is under parole is taken to be serving a term of imprisonment.\n\n> **2.   **Community service order****\n> \n> > A person who is subject to a community service order, a probation order or an undertaking to appear under the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) is disqualified from jury service.\n\n> **3.   **Prison for offences****\n> \n> > A person who is undergoing a term of imprisonment, whether or not the imprisonment is wholly or partly suspended, is disqualified from jury service.\n\n> **4.   **Remanded in custody****\n> \n> > A person who is remanded in custody is disqualified from jury service.","sortOrder":81},{"sectionNumber":"SCHEDULE 2 - Persons ineligibl","sectionType":"part","heading":"SCHEDULE 2 - Persons ineligible for jury service","content":"# SCHEDULE 2 - Persons ineligibl SCHEDULE 2 - Persons ineligible for jury service\n\n[Section 6(3)](#GS6@Gs3@EN)\n\n> **1.**   The Governor.\n\n> **2.**   A person who is, or has been within the last 10 years –\n> \n> > > (a) a judge; or\n> > \n> > > (b) a magistrate; or\n> > \n> > > (c) a justice approved as constituting a court of summary jurisdiction under [section 23AB of the](/view/html/inforce/2026-04-12/act-1959-077#GS23AB@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; or\n> > \n> > > (d) the holder of any other judicial office.\n\n> **3.**   [*\\[Schedule 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja43@GC3@EN) An Australian legal practitioner.\n\n> **4.**   A person whose duties or activities, whether paid or voluntary, are connected with the investigation of indictable offences, the administration of justice or the punishment of offenders.\n\n> **5.**   A police officer or a person who has been a police officer within the last 10 years.\n\n> **6.**   A member of the House of Assembly or Legislative Council.\n\n> **7.**   The Secretary of the responsible Department.\n\n> **8.**   The Secretary of the department responsible for the administration of the [Youth Justice Act 1997](/view/html/inforce/2026-04-12/act-1997-081) .\n\n> **9.**   A person who has a physical, intellectual or mental disability that renders the person incapable of effectively performing the duties of a juror.\n\n> **10.**   A person who is unable to communicate in, or understand, the English language adequately.","sortOrder":82},{"sectionNumber":"SCHEDULE 3 - Oath or affirmati","sectionType":"part","heading":"SCHEDULE 3 - Oath or affirmation for jurors","content":"# SCHEDULE 3 - Oath or affirmati SCHEDULE 3 - Oath or affirmation for jurors\n\n[Section 38](#GS38@EN)","sortOrder":83},{"sectionNumber":"SCHEDULE 4 - Oath or affirmati","sectionType":"part","heading":"SCHEDULE 4 - Oath or affirmation for jurykeepers","content":"# SCHEDULE 4 - Oath or affirmati SCHEDULE 4 - Oath or affirmation for jurykeepers\n\n[Sections 45(2)](#GS45@Gs2@EN) and [47(5)](#GS47@Gs5@EN)","sortOrder":88},{"sectionNumber":"SCHEDULE 5 - Oath or affirmati","sectionType":"part","heading":"SCHEDULE 5 - Oath or affirmation for jurors separating","content":"# SCHEDULE 5 - Oath or affirmati SCHEDULE 5 - Oath or affirmation for jurors separating\n\n[Sections 46(3)](#GS46@Gs3@EN) and [47(6)](#GS47@Gs6@EN)","sortOrder":91},{"sectionNumber":"SCHEDULE 6 - Oath or Affirmati","sectionType":"part","heading":"SCHEDULE 6 - Oath or Affirmation for Jurykeepers on a View","content":"# SCHEDULE 6 - Oath or Affirmati SCHEDULE 6 - Oath or Affirmation for Jurykeepers on a View\n\n[Section 52(3)](#GS52@Gs3@EN)","sortOrder":94},{"sectionNumber":"SCHEDULE 7 - Oath or Affirmati","sectionType":"part","heading":"SCHEDULE 7 - Oath or Affirmation for Showers on a View","content":"# SCHEDULE 7 - Oath or Affirmati SCHEDULE 7 - Oath or Affirmation for Showers on a View\n\n[Section 52(3)](#GS52@Gs3@EN)","sortOrder":97},{"sectionNumber":"SCHEDULE 8 - Savings and Trans","sectionType":"part","heading":"SCHEDULE 8 - Savings and Transitional Provisions","content":"# SCHEDULE 8 - Savings and Trans SCHEDULE 8 - Savings and Transitional Provisions\n\n[Section 69](#GS69@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***commencement day*** means the day on which this Act commences;\n> > \n> > > ***repealed Act*** means the [Jury Act 1899](/view/html/inforce/2026-04-12/act-1899-032) .\n\n> **2.   **Trials****\n> \n> > The repealed Act continues to apply after the commencement day in respect of a trial in which a jury was empanelled before that day.\n\n> **3.   **Jury lists****\n> \n> > A jury list prepared for a jury district under the repealed Act and in effect immediately before the commencement day is, on that day, the jury list prepared for the corresponding jury district under this Act.\n\n> **4.   **Summonses****\n> \n> > > (1) A summons to attend for jury service served under the repealed Act and returnable on a date after the commencement day is, on that day, taken to be a summons issued under this Act.\n> > \n> > > (2) [Schedule 1](#JS1@EN) applies to persons summoned to attend for jury service, whether the summons was issued before or after the commencement day.\n> > \n> > > (3) [Schedule 2](#JS2@EN) applies to persons summoned to attend for jury service, whether the summons was issued before or after the commencement day.\n\n> **5.   **Exemptions****\n> \n> > An exemption in force under [section 7B](/view/html/inforce/2026-04-12/act-1899-032#GS7B@EN) or [7C](/view/html/inforce/2026-04-12/act-1899-032#GS7C@EN) of the repealed Act immediately before the commencement day continues, on that day, to be in force as it would have continued under the repealed Act.","sortOrder":100},{"sectionNumber":"SCHEDULE 9 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 9 - Consequential Amendments","content":"# SCHEDULE 9 - Consequential Ame SCHEDULE 9 - Consequential Amendments\n\n[Section 72](#GS72@EN)\n\n> > (a) [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) ;\n> \n> > (b) [Criminal Justice (Mental Impairment) Act 1999](/view/html/inforce/2026-04-12/act-1999-021) ;\n> \n> > (c) [Juries Act 2003](/view/html/inforce/2026-04-12/act-2003-048) ;\n> \n> > (d) [Jury Act 1899](/view/html/inforce/2026-04-12/act-1899-032) ;\n> \n> > (e) [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) .","sortOrder":101}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of the Act shifted materially from its original intent. The 2003 Act appears to have consolidated and modernised Tasmania's jury law, with subsequent amendments likely making technical or incremental updates rather than fundamental changes to scope. The Act remains focused on its original purpose: regulating the selection, conduct, and management of juries in Tasmanian courts."},"complexity_factors":["Intersection of constitutional rights (trial by jury) with procedural law creates layers of legal obligation","Multiple categories of persons affected differently — mandatory jurors, exempt persons, disqualified persons — requiring careful cross-referencing","Random selection procedures involve interaction with electoral roll legislation and court administration systems","Jury secrecy provisions create tension with open justice principles, requiring nuanced interpretation","Criminal penalties for jury tampering and contempt add a punitive enforcement dimension","Amendments since 2003 (at least through 2017) mean the consolidated version requires careful reading against amending instruments","Only metadata was provided — full complexity cannot be assessed without the complete Act text, which may contain intricate provisions on majority verdicts, juror challenges, or voir dire (pre-trial juror questioning) processes"],"plain_english_summary":"## Juries Act 2003 (Tasmania)\n\n**What is this?**\nThis is Tasmania's core law governing how juries (groups of ordinary citizens chosen to decide facts in court cases) are selected, organised, and managed. It sets out the rules for everything from who can be a juror to how a jury must conduct itself during a trial.\n\n**Who does it affect?**\n- **Ordinary Tasmanians** who may receive a jury summons (an official notice requiring you to attend court for jury selection)\n- **Accused persons** in criminal trials and parties in civil (non-criminal) court cases, whose fate may be decided by a jury\n- **Lawyers and judges** who must follow the procedures set out in the Act\n- **Court administrators** responsible for managing jury rolls and panels\n\n**Why does it matter?**\nThe right to trial by jury is a fundamental protection in the Australian legal system — it means your guilt or liability is decided by your fellow citizens, not just a judge. This Act is the rulebook that keeps that process fair, random, and free from interference.\n\n**Key things this law covers (based on standard jury legislation of this type):**\n- **Who must serve** on a jury and who is excused or disqualified (e.g., lawyers, people with serious criminal convictions)\n- **How jurors are randomly selected** from the electoral roll\n- **How many jurors** sit on different types of trials (typically 12 for serious criminal matters)\n- **Juror conduct rules** — including the duty of secrecy around jury deliberations (the private discussions jurors have to reach a verdict)\n- **Penalties** for people who try to tamper with or influence a jury\n- **Payment and expenses** for jurors who give up their time\n\n> ⚠️ **Note:** Only limited metadata was provided — the full text of the Act's sections was not included. This summary reflects the typical structure of Australian jury legislation of this type. The Act has been in force since 2003 with amendments, and the version shown is current from 30 May 2012."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expressly repeals the Jury Act 1899 (s.73) and provides transitional provisions to carry forward some existing lists and summonses (Sch 8). Mechanically, it replaces the previous statutory framework with a new, consolidated set of rules: it centralises random selection (s.4), requires the Electoral Commissioner to provide jury rolls at the Sheriff’s request (s.19), defines modern offences and publication controls (ss.57–58), sets new procedural rules for empanelment, reserve and supplementary jurors (ss.25–29, 26, 37), and updates excusal, exemption and administrative arrangements (ss.8–16, 53). The text therefore indicates a change in statutory scope and administrative mechanics from the repealed Act, while preserving particular ongoing processes in the transition period (Sch 8)."},"complexity_factors":["Extensive cross-references to other Acts and offices (Electoral Act, Evidence Act, Sentencing Act, Criminal Justice (Mental Impairment) Act) (see ss.3, 19, 52, Sch 1, Sch 9)","Multiple decision-makers with overlapping discretions (Sheriff, court, Governor, Minister, DPP, Electoral Commissioner) (see ss.8–14, 19–20, 23–24, 18, 67–68)","Detailed procedural rules for selection, empanelment, challenges and replacement of jurors including civil/criminal distinctions (ss.25–36, 26, 29)","Complex offences and high-penalty provisions protecting jury confidentiality and restricting publication and disclosure, with enumerated exceptions and requirement for DPP consent for prosecutions (ss.57–58)","Transitional and savings provisions preserving prior lists and summonses while repealing the old Act (s.73, Sch 8)","Administrative requirements and penalties for non-compliance (summonses, document production, answering questions) creating enforcement pathways (ss.20(4A), 27(4), 54)","Varied remedial and compensatory powers (court powers to order reinstatement, compensation, exemption periods) (ss.12, 13, 56)","Multiple schedules setting out disqualification/ineligibility rules, oath forms, and transitional detail (Schedules 1–9)"],"plain_english_summary":"What this law does (mechanics)\n\n- Replaces the earlier Jury Act and sets out who can be called for jury service, how juries are selected and empanelled, what jurors must do while serving, and offences and penalties for interfering with jurors or revealing jury deliberations (see s.73, Sch 8).\n- Selection is to be random (s.4). The Electoral Commissioner supplies a jury roll at the Sheriff’s request (s.19). The Sheriff makes yearly jury lists from that roll, may check eligibility and require documents, and issues summonses to people selected (ss.20, 19, 27, 20(4A)).\n- The Sheriff and the court have powers to defer, excuse temporarily, excuse permanently, or exempt people from jury service for reasons set out in the Act (e.g. illness, hardship, age 70+, religious incompatibility) (ss.8–11, 14, 16). The court may also make orders to prevent a person from performing jury service (s.13).\n- Jury size rules differ for civil and criminal trials: civil juries are normally 7 (up to 9 with reserve jurors), criminal juries 12 (up to 14 with reserve jurors) (s.25). The court may empanel up to 2 reserve jurors to replace jurors who die or become incapable during a trial (s.26).\n- The Act sets out the panel and empanelment process, peremptory and for-cause challenges (civil and criminal rules differ), and how challenges are decided (ss.28–36). The court may use supplementary jurors if the panel is insufficient (s.37).\n- It prescribes how jurors take oaths/affirmations and what information the court must give jurors before empanelment (ss.38–39). It allows majority verdicts in defined circumstances (criminal: majority after specified deliberation periods except murder/treason; civil: 5 of 7 after specified deliberation times) (s.43, s.44).\n- The Act protects juries from outside influence and controls publication and disclosure: publishing material that identifies someone attending for jury service is prohibited (s.57); publishing or soliciting disclosure of prohibited matter (statements made or votes cast in jury deliberations) is an indictable offence, with specified exceptions for treatment, legal advice, or official investigations (s.58).\n- It creates offences and penalties for non-compliance with summonses, giving false or misleading answers, impersonation, influencing jurors, receiving unauthorised payments, and employer reprisals against employees for attending jury service (ss.27(4), 54–56, 61–64).\n- Administrative and implementation details: Governor defines jury districts (s.18); judges may make Rules of Court (s.67); Governor may make regulations including fees and panels (s.68); transitional provisions preserve certain existing lists and summonses (Sch 8).\n\nWho it affects (actors and who pays)\n\n- Individuals enrolled on the State electoral roll are presumptively qualified and liable for jury service (s.6(1), s.19(2)). Persons listed as disqualified or ineligible in Schedules 1 and 2 are excluded (s.6(2)–(3), Schedules 1–2).\n- The Sheriff administers selection, issues summonses, makes enquires about eligibility, and exercises wide discretion to defer/excuse/exempt (ss.19, 20, 8–11, 14, 17). The court makes orders about empanelment, discharge, and excusal (ss.12–13, 29, 40–41).\n- The Electoral Commissioner supplies rolls on request (s.19(1)); the Commissioner of Police and the DPP carry out eligibility and background enquiries on the Sheriff’s or DPP’s request (ss.23–24).\n- Employers bear legal constraints: they must not terminate or otherwise prejudice employees for attending jury service; penalties apply to employers who contravene, and courts may order reinstatement or compensation (s.56).\n- Media and broadcasters are directly affected by publication prohibitions (s.57(2) treats broadcast licensees as causing publication).\n- Jurors and former jurors carry duties and criminal exposure for unlawful disclosures or misconduct (s.58).\n- Jurors who attend are entitled to prescribed allowances and remuneration; however the Act conditions payment in some circumstances (s.53).\n\nWhy it matters (stated purposes and trade-offs in the text)\n\n- The Act structures a compulsory, random jury-selection system (s.4, s.19–20) and balances the public interest in jury service against individual exemptions and practical administration. The text presents mechanisms intended to secure an available pool of jurors (rosters, supplementary jurors s.37, rules about panels s.28–29) while allowing excuses (ss.8–11, 12) and protections for jurors and juries (ss.46–51, 57–58).\n\nImplementation, incentives and costs (drawn from the Act)\n\n- Discretion and decision-makers: the Sheriff has operational control over lists, summonses, identity checks and preliminary excusal decisions (ss.19–20, 27, 8–9). The court has supervisory and final power on empanelment, excusal, discharge and continued trials (ss.12–13, 29, 40–43). The Governor, Minister and judges also have roles in defining districts, making regulations and Rules of Court (ss.18, 67–68).\n- Compliance burdens on individuals: summoned persons must attend, may be required to produce documents (s.20(4A)), must answer lawful questions (s.54) and risk fines or imprisonment for non-compliance or false statements (ss.27(4), 54, 61). Non-compliance with instructions to attend as a supplementary juror is also an offence (s.37(4)). These create administrative and legal costs for individuals who are summoned.\n- Compliance burdens on institutions: employers face criminal and civil exposure for terminating or prejudicing staff for jury service and may be ordered to compensate (s.56). Media and broadcast licensees face high fines for publishing identifying material about jurors (s.57).\n- Enforcement and investigative mechanism: police and the DPP are expressly required to investigate eligibility and disclosure complaints on request (ss.23–24, 59). Prosecution for disclosure offences requires DPP consent (s.58(8)).\n- Effects on private choice and business operations: jury summonses can remove people from their regular employment; the Act limits employers’ ability to respond by firing or otherwise prejudicing employees for serving (s.56). Rules on publication limit media reporting that would identify jurors (s.57) and extend to broadcasters (s.57(2)). Those constraints change what employers and media may do; the Act also provides allowances to jurors (s.53), which partially offsets private costs.\n\nTrade-offs and implementation risks the text makes visible\n\n- Concentration of administrative discretion in the Sheriff and the court (ss.8–14, 19–20, 27, 29) means many day-to-day choices (who is excused, deferred, or required to produce documents) are made by a small set of officials.\n- The Act imposes criminal penalties for publishing or soliciting prohibited matter and for jurors disclosing deliberations (s.58), while carving out exceptions for treatment, legal advice, official investigations and authorised research (s.58(4)–(6)). These rules protect confidentiality but also require careful gatekeeping about what may be disclosed and when, and prosecutions require DPP consent (s.58(8)).\n- The Act changes the composition and size rules (s.25), and creates majority-verdict rules for many criminal and civil trials with specified minimum deliberation times (ss.43–44). Those rules mechanically alter how often retrials or hung juries occur and who can be convicted by majority in non-murder/treason criminal cases (s.43).\n- Transitional arrangements preserve some pre-existing lists and summonses (Sch 8), which reduces immediate disruption on commencement but requires coordination between old and new administrative lists (Sch 8(2)–(4)).\n\nConcrete incentives and likely behavioural responses (as framed in the Act)\n\n- Individuals: people summoned have incentives to seek deferral or excusal where eligible (ss.8–11, 14). False statements to evade service are criminalised (s.61), creating deterrence.\n- Employers: the prohibition on termination likely reduces the incentive to dismiss employees for jury attendance, but might instead encourage informal pressure short of dismissal, which remains subject to scrutiny under s.56.\n- Media and researchers: publication restrictions limit identification of jurors; researchers can obtain an explicit research authority from the Attorney-General (s.58(6)(e)), so research involving jurors must go through an approval route.\n\nKey cross-references and conditions the Act builds on\n\n- The Act relies on other Acts and offices for implementation: the Electoral Act (State roll, s.19), the Evidence Act (views, s.52 referencing Evidence Act s.53), the Sentencing Act (definitions of orders and parole references in Sch 1), and the Criminal Justice (Mental Impairment) Act (definition of criminal trial includes special hearings) (see ss.3, 19, 52, Sch 1, Sch 9).\n\nOverall: the Act creates a modernised, procedurally detailed framework for juror selection and conduct (random selection, rolls, lists, summons, empanelment rules), gives operational discretion to the Sheriff and supervisory authority to the court, imposes criminal and civil penalties to protect jury confidentiality and service, and includes transitional and administrative provisions to effect the change from the previous law (see s.4, ss.19–20, ss.27–29, ss.57–58, s.73, Sch 8)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive statute governing jury service in Tasmania. While it has been amended multiple times since 2003 (as evidenced by amendment notes), these appear to be refinements and updates rather than significant expansion beyond the original purpose of regulating jury selection, empanelment, and conduct."},"complexity_factors":["Multiple schedules (9 total) containing disqualification criteria, oaths/affirmations, and transitional provisions","Cross-references to other Tasmanian legislation including the Electoral Act 2004, Sentencing Act 1997, Criminal Justice (Mental Impairment) Act 1999, and Evidence Act 2001","Conditional logic for different trial types (civil vs criminal) with varying jury sizes (7 vs 12), challenge numbers (3 vs 6 peremptory challenges), and verdict requirements","Nested exceptions in secrecy provisions (section 58) with multiple sub-exceptions allowing disclosure to specific professionals and authorities","Amendment history visible in text showing multiple amendments (2004, 2005, 2007, 2008, 2010, 2012) creating layered legislative history","Distinction between 'disqualified' (criminal history) and 'ineligible' (occupation/status) requiring reference to separate schedules","Complex provisions around majority verdicts with different time thresholds for different offence types (2 hours for general crimes, 6 hours for treason/murder)"],"plain_english_summary":"This is the **Juries Act 2003** (Tasmania), which sets out how juries are selected, empanelled, and managed for trials in the Supreme Court of Tasmania.\n\n**What it does:**\n- **Establishes who can serve:** Any person enrolled on the State electoral roll is generally qualified and liable for jury service, unless they are disqualified or ineligible.\n- **Defines disqualifications and ineligibilities:** \n  - **Disqualified** (Schedule 1): People convicted of serious crimes (3+ years imprisonment), those currently imprisoned, on parole, remanded in custody, or subject to community service orders.\n  - **Ineligible** (Schedule 2): Judges, magistrates, lawyers, police officers, politicians, certain public servants, and people with disabilities preventing effective service.\n- **Provides excuses and exemptions:** People can apply to be excused temporarily or permanently for reasons like illness, hardship, religious beliefs, or age (70+). The Sheriff or court can grant these.\n- **Explains the selection process:** The Electoral Commissioner provides jury rolls; the Sheriff prepares jury lists and issues summonses. Selection is random.\n- **Covers empanelment:** Details how jurors are selected from panels, challenged by parties, and sworn in. Civil trials use 7 jurors (or up to 9 with reserves); criminal trials use 12 (or up to 14 with reserves).\n- **Sets rules during trials:** Covers jury separation, discharge of jurors, and what happens if juries can't reach unanimous verdicts (majority verdicts allowed in most cases after set deliberation periods).\n- **Protects jurors:** Makes it an offence for employers to sack staff for jury service, and restricts publishing information that identifies jurors.\n- **Creates offences:** Includes penalties for failing to attend, impersonating jurors, influencing jurors, or disclosing jury deliberations (\"prohibited matters\").\n\n**Who it affects:** All Tasmanian adults on the electoral roll (potential jurors), employers, legal practitioners, the Sheriff's office, and the courts.\n\n**Why it matters:** It ensures fair, random selection of juries while protecting jurors from undue influence, harassment, or financial hardship, and maintains the secrecy of jury deliberations to ensure justice is done without external pressure."}},"importantCases":[],"_links":{"self":"/api/acts/juries-act-2003","history":"/api/acts/juries-act-2003/history","analysis":"/api/acts/juries-act-2003/analysis","conflicts":"/api/acts/juries-act-2003/conflicts","importantCases":"/api/acts/juries-act-2003/important-cases","documents":"/api/acts/juries-act-2003/documents"}}