78Confidentiality of jury's deliberations

78 Confidentiality of jury's deliberations (1) A person must not— (a) publish, or cause to be published, any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of a jury; or (b) solicit or obtain the disclosure by a person who is or has been a juror of statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury. 1. In the case of a body corporate, 3000 penalty units; In any other case, 600 penalty units or imprisonment for 5 years. (2) A person who is or has been a juror must not disclose any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury if the person has reason to believe that any of that information is likely to be or will be published to the public. (3) Nothing in this section prevents— (a) a person who is or has been a juror disclosing to— (i) a judge or court; or S. 78(3)(a)(ia) inserted by No. 38/2008 s. 6(2). (ia) the Juries Commissioner; or (ii) a board or commission appointed by the Governor in Council; or (iii) the Attorney-General; or (iv) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth— any information about the deliberations of a jury; or S. 78(3)(b) amended by Nos 38/2008 s. 6(3), 37/2014 s. 10(Sch. item 91.3). (b) the investigation by a police officer at the request of the Director of Public Prosecutions for Victoria, the Director of Public Prosecutions for the Commonwealth or the Juries Commissioner, of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to Victoria Police in the course of the investigation; or (c) the investigation by a person authorised by the Court of Appeal, in relation to an appeal to that Court, of an allegation about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury to the authorised person in the course of that investigation. S. 78(4) amended by No. 38/2008 s. 6(4). (4) The Director of Public Prosecutions for Victoria or the Juries Commissioner may request the Chief Commissioner of Police to investigate a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a person who is or has been a member of a jury. S. 78(4A) inserted by No. 38/2008 s. 6(5). (4A) If a complaint referred to in subsection (4) is made to the Juries Commissioner during the course of a trial, the Juries Commissioner must refer the complaint to the trial judge. (5) Nothing in subsection (1)(b) or (2) prevents a person who has been a juror from disclosing any statements made, opinions expressed, arguments advanced or votes cast in the course of the deliberations of that jury to a registered medical practitioner or a registered psychologist in the course of treatment in relation to issues arising out of the person's service as a juror. (6) A registered medical practitioner or registered psychologist must not disclose information referred to in subsection (5) to any other person. (7) Nothing in this section prevents the publication or disclosure by a person of any information about the deliberations of a jury if that publication or disclosure is not capable of identifying a juror or the relevant legal proceeding. (8) This section does not apply to the disclosure of information about a proceeding for an offence against this section if, before the proceeding was commenced, the information had been published generally to the public. (9) This section does not prohibit a person from soliciting information from a juror or former juror in accordance with an authority granted by the Attorney-General for the conduct of a research project into matters relating to juries or jury service. (10) An offence against this section is an indictable offence. (11) A prosecution for an offence against this section may only be brought with the consent in writing of the Director of Public Prosecutions for Victoria or of a person authorised by the Director of Public Prosecutions for Victoria to give consent for the purposes of this subsection. (12) In this section— ***court*** includes the Magistrates' Court; ***deliberations*** includes any discussions between two or more jurors at any time during a trial of matters relevant to that trial. S. 78A inserted by No. 38/2008 s. 7.