{"id":"nsw:sl-2022-0496","name":"Jury Regulation 2022","slug":"jury-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"496 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176105,"registerId":"nsw-nsw:sl-2022-0496-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Jury Regulation 2022](/view/html/inforce/current/sl-2022-0496).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Jury Regulation 2015](/view/html/repealed/current/sl-2015-0521), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> attendance allowance—see section 7(1).\n> \n> employed person means a person engaged in work in any of the following capacities at the time the person attends for jury service—\n> \n> > (a) as a full time, part time or casual employee,\n> \n> > (b) as an independent contractor,\n> \n> > (c) as a self-employed person.\n> \n> jury allowance—see section 7(1)(a).\n> \n> place of residence, for a person, means the person’s place of residence as shown on a jury roll.\n> \n> the Act means the [Jury Act 1977](/view/html/inforce/current/act-1977-018).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Jury districts—the Act, s 9","content":"#### 4 Jury districts—the Act, s 9\n\n4 Jury districts—the Act, s 9\n\n> > (1) For the Act, section 9(2) and (3), the sheriff must determine jury districts in a way that ensures—\n> > \n> > > (a) each person on the Electoral Information Register is included in one or more jury districts, and\n> > \n> > > (b) each jury district includes, in the sheriff’s opinion, a sufficient number of persons qualified and liable to be called for jury service.\n> \n> > (2) In this section—\n> > \n> > Electoral Information Register has the same meaning as in the [Electoral Act 2017](/view/html/inforce/current/act-2017-066), section 41(1).\n> > \n> > jury district means a jury district for an electoral district, or part of an electoral district, determined and notified by the sheriff under the Act, section 9.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Additional jurors in criminal proceedings—the Act, s 19","content":"#### 5 Additional jurors in criminal proceedings—the Act, s 19\n\n5 Additional jurors in criminal proceedings—the Act, s 19\n\n> For the Act, section 19(2)(b), a trial that the court estimates to take 2 weeks or longer is prescribed.\n> \n> **s 5:** Am 2024 No 24, Sch 2.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Identity of certain principal witnesses must not be disclosed—the Act, s 38","content":"#### 6 Identity of certain principal witnesses must not be disclosed—the Act, s 38\n\n6 Identity of certain principal witnesses must not be disclosed—the Act, s 38\n\n> For the Act, section 38(11)(b), jurors must not be informed of a principal witness’s identity under the Act, section 38(7)(a), (8)(a) or (9)(a) if the witness is, or was at the relevant time—\n> \n> > (a) authorised to acquire or use an assumed identity under the [Law Enforcement and National Security (Assumed Identities) Act 2010](/view/html/inforce/current/act-2010-073), or\n> \n> > (b) approved to acquire or use an assumed identity under the [Law Enforcement and National Security (Assumed Identities) Act 1998](/view/html/repealed/current/act-1998-154), or\n> \n> > (c) a participant within the meaning of the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Amount of jury allowance—the Act, s 72","content":"#### 7 Amount of jury allowance—the Act, s 72\n\n7 Amount of jury allowance—the Act, s 72\n\n> > (1) For the Act, section 72(1), the amount a person is entitled to be paid for each day the person attends for jury service (a jury allowance) is determined as follows—\n> > \n> > > (a) an attendance allowance calculated under Schedule 1, Part 1 (an attendance allowance),\n> > \n> > > (b) 2 travel allowances calculated under Schedule 1, Part 2,\n> > \n> > > (c) if the judge or coroner releases the jury for lunch—$6.95 for lunch, unless the person accepts a free lunch provided by the court or coroner.\n> \n> > (2) An employed person is entitled to an attendance allowance only if—\n> > \n> > > (a) the person must pay the person’s employer the attendance allowance, or\n> > \n> > > (b) the person’s income is reduced because of the jury service.\n> \n> > (3) If subsection (2)(b) applies, the amount of the person’s attendance allowance must be reduced by an amount proportional to the amount by which the person’s income is reduced.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Sheriff may require information to determine attendance allowance—the Act, s 72","content":"#### 8 Sheriff may require information to determine attendance allowance—the Act, s 72\n\n8 Sheriff may require information to determine attendance allowance—the Act, s 72\n\n> > (1) For the Act, section 72(1), the sheriff may require a person to provide the following information for the purposes of determining the person’s entitlement to an attendance allowance—\n> > \n> > > (a) the person’s employment status and income,\n> > \n> > > (b) the effect of jury service on the person’s employment and income,\n> > \n> > > (c) whether the person must pay the person’s employer the person’s jury allowance.\n> \n> > (2) A person is not entitled to an attendance allowance if the person does not provide the information.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9 (Repealed)","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Sheriff may keep electronic jury rolls—the Act, s 76(1)","content":"#### 10 Sheriff may keep electronic jury rolls—the Act, s 76(1)\n\n10 Sheriff may keep electronic jury rolls—the Act, s 76(1)\n\n> The sheriff may keep a jury roll in electronic form.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Repeal and savings","content":"#### 11 Repeal and savings\n\n11 Repeal and savings\n\n> > (1) The [Jury Regulation 2015](/view/html/repealed/current/sl-2015-0521) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Jury Regulation 2015](/view/html/repealed/current/sl-2015-0521), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Jury allowances","content":"# Schedule 1 Jury allowances\n\nSchedule 1 Jury allowances\n\nsection 7","sortOrder":12},{"sectionNumber":"Part 1","sectionType":"part","heading":"Attendance allowance","content":"# Part 1 Attendance allowance\n\nPart 1 Attendance allowance\n\n| Column 1 | Column 2 | Column 3 |\n| Period of attendance | Allowance for a juror who is not an employed person | Allowance for a juror who is an employed person |\n| Less than 4 hours, if the person is not selected for jury service | Nil | Nil |\n| 4 hours or more, if the person is not selected for jury service | $106.30 | $106.30 |\n| Days 1–10 | $106.30 | $106.30 |\n| Day 11 and following days | $106.30 | $247.40 |","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Travel allowance","content":"# Part 2 Travel allowance\n\nPart 2 Travel allowance\n\n| Column 1 | Column 2 |\n| Distance between person’s place of residence and court or inquest | Allowance |\n| 14km or less | $4.35 |\n| More than 14km but less than 100km | 30.7 cents/km |\n| 100km or more | $30.70 |","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of this regulation has materially changed from its original intent. It remains a standard subordinate instrument supporting the Jury Act 1977, with amendments appearing to be minor updates rather than scope expansions. The regulation has been amended twice since its commencement in August 2022, but nothing in the available metadata suggests a departure from its original administrative and procedural purpose."},"complexity_factors":["The regulation itself is subordinate legislation (secondary to the main Jury Act 1977), which typically means it deals with procedural and administrative detail rather than complex legal principles","Jury regulations generally involve straightforward administrative rules (fees, forms, processes) rather than novel legal concepts","The full substantive text of the regulation was not provided, limiting the ability to assess true complexity of its provisions","Automatic staged repeal mechanism adds a minor procedural layer that laypeople may find confusing","Multiple point-in-time versions (three since 2022) suggest some amendments have been made, which can add modest complexity when tracing current obligations"],"plain_english_summary":"## Jury Regulation 2022 (NSW)\n\nThis is a **New South Wales regulation** that supports the operation of the *Jury Act 1977* — the main law governing how juries work in NSW courts.\n\n**What does a 'regulation' mean here?** A regulation is a set of detailed rules made by the government (rather than Parliament) to fill in the practical details of a broader law. Think of it as the instruction manual that sits alongside the main Act.\n\n**Who does this affect?**\n- Anyone **summoned for jury duty** in NSW\n- **Court administrators** who manage jury pools and panels\n- **Lawyers and judges** involved in trials where juries are used\n- People seeking **exemptions or deferrals** from jury service\n\n**What does it likely cover?** Based on its name and role as a supporting regulation, it would typically deal with practical matters like:\n- How jury summons (official notices requiring you to attend court) are issued\n- Fees and allowances paid to jurors\n- Procedures for selecting jurors\n- How people can apply to be excused from jury duty\n- Record-keeping and administrative processes\n\n**Important note:** This regulation is set to be **automatically repealed (cancelled) on 1 September 2027** under a standard NSW government process that periodically reviews and refreshes subordinate legislation. This doesn't mean jury law disappears — it just means a new regulation would typically replace it.\n\n**⚠️ Limitation:** The full text of the regulation's substantive provisions was not included in the material provided — only the status and navigation information from the NSW legislation website was available. The above summary is based on the regulation's title, its parent Act, and standard regulatory practice."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals and replaces the Jury Regulation 2015 (s 2; s 11(1)). As presented, it consolidates rules on jury districts (s 4), juror payments and eligibility (s 7 and Schedule 1), non-disclosure of certain witness identities (s 6), the sheriff’s power to require employment/income information (s 8), and electronic jury rolls (s 10). The text also prescribes that trials estimated to last 2 weeks or longer attract additional jurors (s 5). The Regulation itself does not provide a side‑by‑side comparison to the 2015 instrument, so where it departs substantively from the prior Regulation is indicated only by the fact of repeal-and-replace and the specific provisions set out above."},"complexity_factors":["Cross-references to the Jury Act 1977 and several other Acts (Interpretation required across instruments) (see s 3, s 6, s 7)","Discretionary standards that rely on sheriff’s opinion (jury district sufficiency) (s 4(1)(b))","Tiered and conditional payment rules, including proportional reduction for partial income loss (s 7(2)–(3), s 7(3))","Administrative compliance requirement to supply employment and income information with a denial consequence (s 8(1)–(2))","Schedule with multiple rate bands and distance-based travel calculation (Schedule 1 Part 1 and Part 2)","Procedural confidentiality rule tied to definitions in other statutes (s 6 referencing other Acts)","Repeal-and-replace mechanics and later amendments noted in text (s 2, s 11 and editorial notes)"],"plain_english_summary":"What this Regulation does (mechanics)\n\n- Sets out detailed rules about jury administration and juror payments in New South Wales. It replaces the previous Jury Regulation 2015 (see s 2 and s 11(1)).\n\n- Defines key terms used in the Regulation (including who counts as an \"employed person\") (s 3).\n\n- Requires the sheriff to divide the state into jury districts so that every person on the Electoral Information Register is included in at least one district and each district contains, in the sheriff’s opinion, a sufficient number of people qualified and liable for jury service (s 4(1)).\n\n- Prescribes that criminal trials the court estimates will take 2 weeks or longer are trials for which additional jurors can be provided under the Act (s 5).\n\n- Prohibits informing jurors of the identity of certain principal witnesses where those witnesses have or had authorised/approved assumed identities or are participants in controlled operations, as defined by other Acts cited in the Regulation (s 6).\n\n- Fixes the amounts jurors are entitled to be paid for attendance, travel and (if released for lunch) a lunch payment, by reference to Schedule 1 and s 7(1). The amounts and rules in Schedule 1 include:\n  - An attendance allowance schedule distinguishing non-employed and employed jurors, with the attendance rate set at $106.30 for most days and a higher rate ($247.40) from day 11 for employed jurors (Schedule 1 Part 1; see s 7(1)).\n  - A travel allowance that is either a flat amount for short trips (≤14 km), a per-kilometre rate for intermediate distances, or a capped amount for long trips (≥100 km) (Schedule 1 Part 2; see s 7(1)).\n  - A $6.95 lunch payment if the judge or coroner releases the jury for lunch, unless a free lunch is accepted (s 7(1)(c)).\n\n- Limits entitlement for employed persons: an employed person is eligible for an attendance allowance only if (a) the juror must pay the allowance to their employer, or (b) the juror’s income is reduced because of jury service; if (b) applies, the attendance allowance must be reduced proportionally to the income reduction (s 7(2)–(3)). The Regulation defines \"employed person\" broadly to include employees, independent contractors and self-employed persons (s 3).\n\n- Gives the sheriff power to require a juror to provide employment and income information and details about the effect of jury service on income, and to require disclosure about whether the juror must pay their employer their jury allowance; failure to provide the requested information disqualifies the juror from an attendance allowance (s 8(1)–(2)).\n\n- Allows the sheriff to keep jury rolls in electronic form (s 10).\n\n- Includes a repeal and savings clause: the 2015 Regulation is repealed and acts/arrangements that had effect under it continue under this Regulation (s 11).\n\nOfficial purpose-claims and how the instrument implements them\n\n- The Regulation implements the Act’s existing entitlements and procedural hooks by specifying the quantum and mechanics of juror payments (s 7 and Schedule 1). That is, the Act provides the entitlement framework; this Regulation fixes how much and under what conditions payment is made (see s 7(1)).\n\n- It claims to ensure adequate juror pools by tasking the sheriff to determine jury districts that include everyone on the Electoral Information Register and to contain, in the sheriff’s opinion, a sufficient number of qualified people (s 4(1)).\n\nAnalytical notes on incentives, costs, burdens and discretion (source-grounded)\n\n- Who pays and fiscal cost: The Regulation fixes amounts jurors are entitled to (s 7 and Schedule 1). The text shows the State’s statutory entitlement mechanism is being operationalised, but it does not itself specify which public office ultimately pays the allowances — that is governed by the Act and financial arrangements outside this Regulation (see s 7(1) linking to the Act). The fixed rates in Schedule 1 impose a predictable cash requirement when entitlements arise.\n\n- Incentives for jurors and employers: The Regulation reduces the risk of double compensation by making an employed person eligible to receive an attendance allowance only if the juror must pay it to their employer or their income is reduced by attendance (s 7(2)). Mechanically, this channels money either toward compensating employers (when jurors are required to pay employers) or to jurors who actually lose income, and it requires a proportional reduction where income loss is partial (s 7(3)).\n\n- Compliance and privacy burden on jurors: The sheriff can require employment and income information and can deny an attendance allowance if the person does not provide it (s 8(1)–(2)). That creates a clear compliance requirement and a potential disclosure of personal income/employment details to the sheriff’s office.\n\n- Administrative discretion: Several provisions confer judgment to officials:\n  - The sheriff decides jury districts \"in the sheriff’s opinion\" about sufficiency of qualified persons (s 4(1)(b)), which is a discretionary standard.\n  - The sheriff may require and keep electronic jury rolls (s 10), which permits choices about data format and storage.\n  - A judge or coroner decides whether to release the jury for lunch, which determines whether the lunch payment applies (s 7(1)(c)).\n  These are implementation levers rather than formulae; the Regulation specifies outcomes that flow from those decisions.\n\n- Effects on private choice and businesses: Because the Regulation treats independent contractors and self-employed people as \"employed persons\" for the purposes of the attendance allowance definition (s 3), it affects how those individuals qualify for juror payments (s 7(2)). The rules may influence whether some people choose to seek excusal, negotiate with employers, or alter work arrangements during jury service, because the allowance mechanics interact with private contracts and income flows (s 7(2)–(3), s 8(1)).\n\n- Procedural trade-offs and risks: Prohibiting disclosure of certain witness identities to jurors (s 6) is implemented by referencing other statutes that govern assumed identities and controlled operations; the Regulation places a categorical procedural bar in specified circumstances (s 6(a)–(c)). That creates a clear rule, but its scope depends on definitions and processes in the other Acts it cites.\n\n- Implementation issues to watch: enforcement of the income-disclosure requirement (s 8), handling and security of electronic jury rolls (s 10), and the sheriff’s exercise of subjective judgment in drawing jury districts (s 4(1)(b)) are operational points where process design will determine how smoothly the Regulation functions.\n\nBottom line (mechanical summary)\n\nThis Regulation sets the technical details for running jury selection districts, the circumstances in which jurors may be paid, the exact payment amounts and travel rates, rules limiting certain disclosure to jurors, and record-keeping format. It allocates judgment to the sheriff on districting and information collection and links entitlement to juror-supplied employment/income data for attendance allowances (see s 4, s 7, s 8, s 10 and Schedule 1). The fiscal and administrative consequences flow from those mechanical choices."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original narrow purpose of operationalising the Jury Act 1977. It addresses jury districts, witness identity protection, additional jurors for long trials, and juror remuneration—precisely the matters delegated to regulations under the parent Act. The 2022 version is a straightforward re-enactment of the 2015 Regulation with updated allowance amounts and minor technical amendments, showing no scope creep."},"complexity_factors":["Short document (11 sections plus a short schedule)","Only 5 defined terms in the interpretation section","Simple conditional logic limited to employment status and trial length thresholds","Two straightforward calculation tables in Schedule 1","Minimal cross-referencing—primarily refers back to the parent Jury Act 1977 for substantive powers","No nested exceptions or complex deeming provisions"],"plain_english_summary":"This Regulation sets out the practical rules for how juries work in New South Wales courts and coronial inquests. It covers four main things:\n\n**Who gets called and where**\n- The sheriff (a court officer) decides jury districts based on the electoral roll, making sure each area has enough eligible people to form juries.\n\n**Extra jurors for long trials**\n- For criminal trials expected to last 2 weeks or longer, the court can empanel additional jurors as backups in case some jurors drop out.\n\n**Protecting secret witnesses**\n- Jurors cannot be told the real identity of witnesses who are undercover police or protected informants (people given fake identities for their safety).\n\n**Paying jurors for their time**\n- Jurors get an attendance allowance (a daily payment) and travel expenses. The amount depends on whether you're employed and how long the trial runs:\n  - **Days 1–10**: $106.30 per day for everyone\n  - **Day 11 onwards**: $106.30 if unemployed, $247.40 if employed\n  - **Travel**: $4.35 if you live close, or a per-kilometre rate for longer distances\n  - **Lunch**: $6.95 if the court doesn't provide a free meal\n- Employed people only get the higher rate if they have to pay their employer back or lose income because of jury duty. The sheriff can ask for proof of your employment and income situation.\n\nThe Regulation also allows jury rolls (the lists of potential jurors) to be kept electronically rather than on paper."}},"importantCases":[],"_links":{"self":"/api/acts/jury-regulation-2022","history":"/api/acts/jury-regulation-2022/history","analysis":"/api/acts/jury-regulation-2022/analysis","conflicts":"/api/acts/jury-regulation-2022/conflicts","importantCases":"/api/acts/jury-regulation-2022/important-cases","documents":"/api/acts/jury-regulation-2022/documents"}}