Definitions and random selection: Section 3 contains the Act’s operative definitions. Key conceptual anchors include the demarcation between civil trial and criminal trial, the notion that selection for any purpose under the Act is to be at random (s 4), and that “court” means the Supreme Court (s 3). The State roll supplied under the Electoral Act 2004 is the starting population for jury rolls (s 3; s 19(1)-(2)). The Act therefore links civic electoral enrolment to jury liability.
Eligibility and exclusion: Section 6 makes enrolled electors qualified and liable for jury service, while Schedules 1 and 2 list disqualifying and ineligible persons respectively. Schedule 1 disqualifies persons serving or recently having served prison terms, persons under community service/probation orders, remanded persons and those undergoing imprisonment (Schedule 1). Schedule 2 lists ineligible categories including the Governor, recent judicial officers and magistrates, Australian legal practitioners (as amended; Schedule 2(3)), persons connected with investigation or administration of justice, police officers and recent former police, members of Parliament, certain secretaries of Departments and persons with disabilities or inadequate English (Schedule 2).
Lists, rolls and randomness: The Electoral Commissioner, at the Sheriff’s request, provides a jury roll for each jury district (s 19). From the roll, the Sheriff prepares an annual jury list of persons liable for service (s 20). Selection of persons for purposes under the Act is to be at random (s 4), subject to the Sheriff excluding known disqualified or recently served jurors (s 20(2)). The Sheriff may require documentary evidence of qualification (s 20(4A)) and failing to comply without reasonable excuse is a criminal offence with a specified penalty (s 20(4B)).
Summonses, panels and empanelment: The Sheriff issues summonses to persons selected from a jury list (s 27). Persons attending constitute a panel (s 28(4)). The court authorises selection and an authorised person calls names to empanel jurors (s 29). The court and parties have procedures for challenges for cause (unlimited in number in both civil and criminal trials, ss 30 and 33) and limited peremptory challenges (civil 3 per party, s 31; criminal 6 per person arraigned, s 35). Reserve and supplementary jurors are provided for: the court may empanel up to two reserve jurors (s 26) and may direct the Sheriff to supplement a panel if necessary (s 37).
Jury conduct and verdicts: The Act prescribes oath or affirmation requirements (s 38), information to be given to juries (s 39), rules about discharge, continuation with a reduced jury and majority verdicts (ss 40-44). Civil juries ordinarily comprise seven (s 25(1)) and criminal juries twelve (s 25(2)), with capacity to increase to 9 and 14 respectively if the court orders under s 26. Majority verdicts are permitted for criminal trials not involving murder or treason after minimum deliberation periods (s 43), and civil majority verdicts are possible where five jurors agree after specified deliberation times (s 44).
Confidentiality and publicity constraints: Two linked concepts are central. First, the Act prohibits publication of information or images identifying persons attending for jury service (s 57), with narrow exceptions (s 57(3)). Second, the Act makes it an offence to publish or solicit any “prohibited matter” from jury deliberations, to obtain disclosure from jurors or former jurors, and to prohibit jurors or former jurors from disclosing prohibited matter to the public (s 58). Those constraints attach criminal penalties and require DPP consent before prosecution in the case of s 58 offences (s 58(8)).
Enforcement architecture: The Act mixes administrative decision-making by the Sheriff, judicial oversight by the court, investigatory roles for police and the DPP (ss 23-24, 59), and statutory offences that carry fines and custodial penalties (Part 6). The DPP is gatekeeper for prosecutions under s 58(8). The judges of the Supreme Court may make Rules of Court (s 67) and the Governor may make regulations (s 68) to operationalise detailed matters such as fees and panels.
These are the core concepts that structure participation, exclusions, procedural safeguards and criminal prohibitions in the Act. The following sections explain who is affected, the precise duties and rights created, enforcement consequences, interactions with other statutes, the act’s explicit amendment history as recorded in the text, litigation points identified by the Act, practical compliance issues and operational steps to comply.