This NSW Regulation sets the operational rules for jury administration and juror payments: it defines who counts as an “employed” juror, requires the sheriff to draw jury districts, fixes attendance/travel/lunch rates and eligibility conditions tied to income or employer receipt, allows the sheriff to require income/employment disclosure and keep electronic rolls, and limits disclosure of certain witness identities. It affects jurors, employers and court administrators by operationalising statutory entitlements, creating predictable fiscal costs, and imposing compliance and privacy obligations.
This Regulation replaces the Jury Regulation 2015 and sets operational, administrative and payment rules for jury service in New South Wales. It commences on the day it is published on the NSW legislation website and expressly repeals the 2015 regulation while saving existing acts, matters and things that had effect under the earlier regulation (Commencement and s 11). It prescribes how a number of decisions required by the Jury Act 1977 are to be made or calculated, clarifies who counts as an employed person for allowance purposes, sets specific monetary rates for attendance, travel and lunch allowances (s 7 and Schedule 1), gives the sheriff express powers to collect information to determine entitlement to attendance allowances (s 8), permits the sheriff to keep jury rolls electronically (s 10), prescribes the circumstances in which additional jurors must be provided for longer trials (s 5), and restricts disclosure to jurors of the identity of certain principal witnesses who hold or held assumed identities or are participants in controlled operations (s 6).
Mechanically, the key changes and prescriptions are:
Jury districts: the sheriff must determine and notify jury districts in a way that includes every person on the Electoral Information Register in one or more jury districts and that, in the sheriff’s opinion, yields a sufficient pool of qualified persons (s 4).
Prescribed long trials: trials estimated by the court to take two weeks or longer are prescribed for the Act’s additional-juror rule (s 5).
Protected witness identities: jurors must not be informed of certain principal witnesses’ identities where those witnesses are authorised or approved to use assumed identities under specified statutes or are controlled-operations participants (s 6).
Current sections
Direct links to the current provisions in Jury Regulation 2022.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4
Jury districts—the Act, s 9
4 Jury districts—the Act, s 9
4 Jury districts—the Act, s 9
(1) For the Act, section 9(2) and (3), the sheriff must determine jury districts in a way that ensures—
(a) each person on the Electoral Information Register is included in one or more jury districts, and
(b) each jury district includes, in the sheriff’s opinion, a sufficient number of persons qualified and liable to be called for jury service.
(2) In this section—
Electoral Information Register has the same meaning as in the Electoral Act 2017, section 41(1).
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.
5
Additional jurors in criminal proceedings—the Act, s 19
5 Additional jurors in criminal proceedings—the Act, s 19
5 Additional jurors in criminal proceedings—the Act, s 19
For the Act, section 19(2)(b), a trial that the court estimates to take 2 weeks or longer is prescribed.
s 5: Am 2024 No 24, Sch 2.
6
Identity of certain principal witnesses must not be disclosed—the Act, s 38
6 Identity of certain principal witnesses must not be disclosed—the Act, s 38
6 Identity of certain principal witnesses must not be disclosed—the Act, s 38
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—
(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—
(a) an attendance allowance calculated under Schedule 1, Part 1 (an attendance allowance),
(b) 2 travel allowances calculated under Schedule 1, Part 2,
(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.
(2) An employed person is entitled to an attendance allowance only if—
(a) the person must pay the person’s employer the attendance allowance, or
(b) the person’s income is reduced because of the jury service.
(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.
8
Sheriff may require information to determine attendance allowance—the Act, s 72
8 Sheriff may require information to determine attendance allowance—the Act, s 72
8 Sheriff may require information to determine attendance allowance—the Act, s 72
(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—
(a) the person’s employment status and income,
(b) the effect of jury service on the person’s employment and income,
(c) whether the person must pay the person’s employer the person’s jury allowance.
(2) A person is not entitled to an attendance allowance if the person does not provide the information.
9
9
9 (Repealed)
10
Sheriff may keep electronic jury rolls—the Act, s 76(1)
10 Sheriff may keep electronic jury rolls—the Act, s 76(1)
10 Sheriff may keep electronic jury rolls—the Act, s 76(1)
The sheriff may keep a jury roll in electronic form.
(2) An act, matter or thing that, immediately before the repeal of the Jury Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1
Jury allowances
Schedule 1 Jury allowances
Schedule 1 Jury allowances
section 7
Part 1
Attendance allowance
Part 1 Attendance allowance
Part 1 Attendance allowance
| Column 1 | Column 2 | Column 3 |
| Period of attendance | Allowance for a juror who is not an employed person | Allowance for a juror who is an employed person |
| Less than 4 hours, if the person is not selected for jury service | Nil | Nil |
| 4 hours or more, if the person is not selected for jury service | $106.30 | $106.30 |
| Days 1–10 | $106.30 | $106.30 |
| Day 11 and following days | $106.30 | $247.40 |
Part 2
Travel allowance
Part 2 Travel allowance
Part 2 Travel allowance
| Column 1 | Column 2 |
| Distance between person’s place of residence and court or inquest | Allowance |
| 14km or less | $4.35 |
| More than 14km but less than 100km | 30.7 cents/km |
| 100km or more | $30.70 |
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Jury Regulation 2022.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Jury Regulation 2015, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this Regulation—
attendance allowance—see section 7(1).
employed person means a person engaged in work in any of the following capacities at the time the person attends for jury service—
(a) as a full time, part time or casual employee,
(b) as an independent contractor,
(c) as a self-employed person.
jury allowance—see section 7(1)(a).
place of residence, for a person, means the person’s place of residence as shown on a jury roll.
the Act means the Jury Act 1977.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Jury districts—the Act, s 9
4 Jury districts—the Act, s 9
4 Jury districts—the Act, s 9
(1) For the Act, section 9(2) and (3), the sheriff must determine jury districts in a way that ensures—
(a) each person on the Electoral Information Register is included in one or more jury districts, and
(b) each jury district includes, in the sheriff’s opinion, a sufficient number of persons qualified and liable to be called for jury service.
(2) In this section—
Electoral Information Register has the same meaning as in the Electoral Act 2017, section 41(1).
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.
Allowances: attendance, travel and lunch allowances are fixed by the Regulation and Schedule 1; special rules apply to employed persons and proportional reductions where income is reduced by jury service (s 7 and Schedule 1).
Information and entitlement: the sheriff may require employment and income information to determine entitlement; failure to provide it results in no attendance allowance (s 8).
Records: the sheriff may keep jury rolls in electronic form (s 10).
The Regulation also cross-references and interacts with several other Acts, including the Jury Act 1977, the Electoral Act 2017, the Law Enforcement and National Security (Assumed Identities) Act 2010, the repealed 1998 Assumed Identities Act, the Law Enforcement (Controlled Operations) Act 1997, the Subordinate Legislation Act 1989 and the Interpretation Act 1987 (s 3 note; s 4(2); s 6).
Main concepts
The Regulation organises a small set of administrative concepts that operationalise the Jury Act 1977. The principal concepts defined and applied in the instrument are: employed person, attendance allowance and jury allowance, place of residence as shown on the jury roll, jury districts and the interaction with the Electoral Information Register (s 3; s 4). These concepts determine who is eligible for payment, how payments are calculated and which records and lists are authoritative for distance and entitlement calculations.
Employed person is given an expansive, work‑oriented definition that includes full time, part time and casual employees, independent contractors and self‑employed persons who are engaged in work at the time they attend for jury service (s 3). That means the Regulation treats a contractor or a sole trader attending jury service as an employed person for allowance rules. The definition matters because the attendance allowance regime treats employed persons differently to non‑employed persons (s 7 and Schedule 1).
Attendance allowance and jury allowance are linked: the Regulation defines jury allowance by reference to s 7(1), which enumerates the components of the total daily entitlement (attendance allowance, two travel allowances and a lunch allowance when the jury is released for lunch) (s 7(1)). Schedule 1, Part 1 fixes the attendance allowance rates and distinguishes between the first ten days and day 11 onwards, and distinguishes short attendances below four hours (Schedule 1 Part 1). Part 2 of Schedule 1 sets travel allowance rates indexed to distance bands measured from the juror’s place of residence as shown on the jury roll (Schedule 1 Part 2; s 3 definition of place of residence).
The sheriff’s role is central. The sheriff determines jury districts under the Act, subject to the Regulation’s requirement to include all persons on the Electoral Information Register and to ensure an adequate pool (s 4), may require employment and income information to determine attendance allowance entitlement and may deny an attendance allowance where the requested information is not provided (s 8), and may keep the jury roll electronically (s 10). The Regulation thus concentrates administrative data collection and entitlement decisions with the sheriff.
The Regulation also sets identity‑protection boundaries. It expressly prohibits informing jurors of a principal witness’s identity in the circumstances where the witness is authorised or approved to acquire or use an assumed identity under specified legislation or is a participant in controlled operations, as those terms are defined in those Acts (s 6). The disallowance is tied to the Act’s existing secrecy and witness‑protection provisions (Act, s 38), but the Regulation adds the threshold that a witness authorised or approved under the listed statutes is not to have their identity disclosed to jurors (s 6).
Finally, the Regulation repeals the prior 2015 regulation and preserves continuity by saving acts, matters and things that had effect immediately before repeal (s 11). It also records an express amendment that prescribes trials of two weeks or longer as requiring additional jurors (s 5, note of amendment 2024 No 24 Sch 2), and records a later repeal of section 9 (s 9 repealed, note).
Who it affects
The Regulation affects a tightly defined set of actors and classes of persons connected with jury administration. Primary affected groups are:
Jurors and prospective jurors. The Regulation directly governs payments to persons who attend for jury service (s 7 and Schedule 1), and limits what jurors may be told about certain principal witnesses (s 6). Jurors’ recorded place of residence on the jury roll determines travel allowance entitlements (s 3; Schedule 1 Part 2). Jurors who are employed persons must meet additional conditions to obtain attendance allowances and may have their allowances reduced in proportion to income loss (s 7(2)-(3)).
Employed persons, including independent contractors and self‑employed persons. The Regulation defines employed person to include independent contractors and self‑employed persons engaged in work at the time they attend for jury service (s 3). Those persons face the twin tests for entitlement to an attendance allowance: they must either be required to pay the attendance allowance to their employer or suffer income reduction because of the jury service (s 7(2)). If income is reduced, the attendance allowance is reduced proportionally to that income reduction (s 7(3)). Employed persons are also subject to the sheriff’s information requests about employment status and income (s 8).
Employers. Employers are implicated indirectly because an employed person’s entitlement turns on whether the person must pay the jury allowance to their employer (s 7(2)(a)). Employers will therefore receive jury allowance payments in some cases, and arrangements between employers and employees concerning payment during jury service will affect entitlement.
The Sheriff. The sheriff gains or retains a number of operational powers and decision points: determining and notifying jury districts under the Act (s 4), requiring information to decide attendance allowance entitlement and denying entitlement if information is not provided (s 8), and keeping jury rolls in electronic form (s 10). The sheriff therefore executes both eligibility screening and record‑keeping functions under the Regulation.
Courts and coroners. The Regulation requires that jurors not be informed of certain principal witnesses’ identities where the witnesses are authorised or approved to use assumed identities, or are participants in controlled operations, tying into hearings and directions that judges or coroners give in relation to witness identity and disclosure (s 6).
Law enforcement and intelligence participants and authorised witnesses. Persons authorised or approved to use assumed identities under the referenced Acts and persons classified as participants under the Law Enforcement (Controlled Operations) Act 1997 are explicitly protected from disclosure to jurors (s 6).
Administrators of the Electoral Information Register. The criteria for jury districts in s 4 rely on the Electoral Information Register as defined in the Electoral Act 2017, section 41(1). The sheriff must ensure that each person on that register is included in one or more jury districts (s 4(1)(a)).
Less directly affected are legal practitioners who advise employers or jurors on entitlement, public sector payroll officers who handle payments of jury allowances, and coronial administrators who handle inquest logistics including juror allowances and jury release for lunch (s 7(1)(c)).
Who pays the allowances is not explicitly reallocated by the Regulation; the text says the amount a person is entitled to be paid (s 7(1)), and the entitlement and payment process sits within the Act’s framework. The Regulation determines entitlements and rates; administrative responsibility for disbursing payments follows the Act and usual court arrangements but is not further specified in this instrument.
Key duties and rights
The Regulation creates specific duties and rights for several actors. These duties and rights are largely administrative and payment‑oriented.
Sheriff’s duties and discretions:
Determine and notify jury districts in a way that ensures every person on the Electoral Information Register is included in one or more jury districts, and that each jury district includes, in the sheriff’s opinion, a sufficient number of persons qualified and liable to be called for jury service (s 4(1)). The sheriff has the discretionary opinion test as to what is a sufficient number.
Require persons to provide specified information to determine entitlement to an attendance allowance: employment status and income, effect of jury service on employment and income, and whether the person must pay the jury allowance to their employer (s 8(1)).
Deny an attendance allowance where the person does not provide the required information (s 8(2)).
Keep a jury roll in electronic form if the sheriff chooses to do so (s 10).
Jurors’ rights and duties:
Right to be paid amounts determined by the Regulation where they meet the entitlement conditions (s 7(1) and Schedule 1). The composition of the jury allowance is the attendance allowance, two travel allowances and, if released for lunch by the judge or coroner, a $6.95 lunch allowance unless the juror accepts a free lunch provided by the court or coroner (s 7(1)(a)-(c)).
Duty not to be informed of certain principal witnesses’ identities where those witnesses are authorised/approved to use assumed identities or are participants in controlled operations (s 6). The Regulation makes this an express bar on informing jurors under specified parts of the Act’s witness‑identity provisions (the Act, s 38(7)(a), (8)(a) and (9)(a), as applied by s 6 of this Regulation).
Duty to provide requested employment and income information when the sheriff requires it if the juror wishes to claim attendance allowance, otherwise no attendance allowance will be payable (s 8(1)-(2)).
Employed persons’ entitlements and obligations:
Entitlement to the attendance allowance is conditional: an employed person is entitled only if either they must pay the attendance allowance to their employer or their income is reduced because of the jury service (s 7(2)).
If entitlement arises because income is reduced, the attendance allowance is to be reduced by an amount proportional to the income reduction (s 7(3)). This creates an obligation to disclose the income reduction and to allow a proportional offset.
The Regulation does not specify processes for employer reimbursement or payroll treatment; it prescribes entitlement and the circumstances in which employers may receive payments.
Courts and coroners:
Have the operational ability to release juries for lunch. If they do, jurors receive $6.95 unless free lunch is provided by the court or coroner (s 7(1)(c)). The judge or coroner’s decision to release the jury therefore triggers a fixed lunch entitlement.
Witness identity restrictions:
The Regulation gives effect to the Act’s witness identity protections by excluding juror disclosure for principal witnesses who are authorised/approved to use assumed identities or are controlled‑operations participants (s 6). This is a duty on court officers and prosecution to avoid informing juries in those circumstances.
Records and data:
The Regulation permits jury rolls to be held electronically (s 10). The sheriff’s decision to move to electronic records is empowered, but the Regulation does not set data security requirements or access rules; those obligations, if any, lie elsewhere.
Rights not created and penalties not specified:
The Regulation determines entitlements but does not itself create criminal penalties or administrative offences. It prescribes conditional entitlement and the sheriff’s denial power where information is withheld, but it does not attach fines or other sanctions in this text.
Overall, the Regulation delegates factual determinations and proportional calculations to the sheriff and ties entitlement to verifiable employment and income information, while fixing monetary amounts and distance bands for travel allowances.
Penalties and enforcement
The Regulation itself contains no explicit penalty provisions or civil sanctions. It focuses on entitlements, administrative powers and record‑keeping. The text provides enforcement mechanisms that are administrative rather than penal:
Denial of attendance allowance for failure to provide required information. The principal effective sanction in the Regulation is the administrative withholding of payment: the sheriff may require specified information to determine entitlement to an attendance allowance and a person is not entitled to that allowance if they do not provide the information (s 8(1)-(2)). This is an administrative enforcement tool rather than a criminal sanction.
Reliance on other Acts for enforcement and offences. The Regulation repeatedly cross‑references the Jury Act 1977 and other legislation. Any offences or enforcement mechanisms that involve coercion, penalties or prosecutions in relation to jury service, improper disclosure of juror information or breaches of identity protections would be in the Act or the other named Acts. The Regulation does not reproduce those offences or specify penalties itself.
Discretionary determinations by the sheriff and courts. The sheriff’s powers to determine jury districts (s 4) and to require information (s 8) are expressed as administrative discretion or authority; improper exercise of those discretions would be subject to administrative law review in the normal way, but the Regulation does not spell out review routes or penalties for misfeasance.
Non‑monetary protections for witness identities. Section 6 prescribes that jurors must not be informed of certain principal witnesses’ identities where the witness is authorised or approved to acquire or use an assumed identity or is a participant in controlled operations. The Regulation does not itself create an enforcement mechanism for breaches of that rule; breaches would engage the broader Act’s controls and possible judicial remedies.
Practical enforcement therefore will occur through:
Payment administration by the court or sheriff in accordance with the Regulation’s entitlement rules (withholding payment where information is not supplied).
Court directions and courtroom procedures to give effect to non‑disclosure obligations in s 6, enforced by judicial control of the trial.
Underlying statutory offences or contempt powers in the Jury Act 1977 or other Acts, which are not reproduced here but may be the substantive enforcement mechanisms for misconduct relating to jury service or disclosure.
Because the Regulation is silent on fines, imprisonment or named breaches, practitioners should look to the Jury Act 1977 and the other Acts mentioned for criminal or civil penalties, and treat the Regulation as setting administrative standards and payment entitlements.
How it interacts with other laws
The Regulation explicitly cross‑references and depends on a number of other statutes. Its operative interaction points are as follows:
Jury Act 1977. The Regulation operates to prescribe matters required or permitted by the Jury Act. Multiple provisions of the Regulation are expressed to be "for the Act" followed by the relevant section (examples: s 4 for the Act, s 9; s 5 for the Act, s 19; s 6 for the Act, s 38; s 7 for the Act, s 72; s 8 for the Act, s 72; s 10 for the Act, s 76(1)). Those cross‑references indicate that the Regulation provides the statutory details the Act leaves to subordinate legislation, rather than creating independent regimes. Practitioners must read the Regulation alongside the Act to understand the full legal framework (s 3 definition of "the Act" and repeated references).
Electoral Act 2017. The Regulation ties jury districts to the Electoral Information Register by instructing that the sheriff must determine jury districts in a way that ensures each person on that register is included in one or more jury districts (s 4(1)(a)). It also defines "Electoral Information Register" by reference to the Electoral Act 2017, s 41(1) (s 4(2)). That means changes in the electoral register or its structure may affect how the sheriff determines jury districts under the Regulation.
Law Enforcement and National Security (Assumed Identities) Act 2010 and the repealed 1998 Act. Section 6 makes the identities of certain principal witnesses protected from disclosure to juries where the witness is authorised to acquire or use an assumed identity under the 2010 Act, or was approved under the repealed 1998 Act. The Regulation therefore imports the classifications created by those Acts into courtroom disclosure rules. Where a witness falls within the scope of those Acts, the Regulation bars informing jurors of the witness’s identity under certain parts of the Act’s identity provisions (the Act, s 38).
Law Enforcement (Controlled Operations) Act 1997. Section 6(c) extends the non‑disclosure rule to participants within the meaning of the Controlled Operations Act. The Regulation thus coordinates witness protection and controlled‑operations secrecy into jury procedures.
Subordinate Legislation Act 1989. The commencement note records that the Regulation repeals and replaces the 2015 regulation, which would otherwise have been repealed on a particular date by the Subordinate Legislation Act 1989, s 10(2). That note documents the statutory mechanism used to continue and replace subordinate legislation.
Interpretation Act 1987. The Regulation notes that the Act and the Interpretation Act 1987 contain definitions and other provisions that affect the Regulation’s interpretation and application (s 3 note). This means statutory interpretation rules, meanings of time‑related provisions and other interpretative tools from the Interpretation Act apply.
Operational interactions and practical frictions:
The sheriff’s duty to include each person on the Electoral Information Register in one or more jury districts may require coordination with electoral administrators and access to electoral data. Any changes to the electoral register under the Electoral Act 2017 will feed into jury districting responsibilities under s 4.
The use of assumed‑identity and controlled‑operations classifications from law enforcement Acts requires procedural safeguards in court to avoid inadvertent disclosure to jurors while allowing prosecutors and defence adequate access to necessary witness information consistent with fairness. The Regulation states the non‑disclosure rule but does not set out the procedural steps to manage those tensions; those steps will be found in the Act or in court practice directions.
The Regulation’s payment and entitlement provisions will interact with payroll, industrial law and taxation regimes in practice, but the Regulation itself does not address tax treatment or employment law consequences. Employers and employed persons will need to reconcile the Regulation’s requirements with their obligations under employment contracts and workplace relations laws outside the Regulation.
In summary, the Regulation is designed to be read in tandem with the Jury Act 1977 and the other named Acts. It supplies operational detail to statutory requirements and imports classifications from electoral and law enforcement statutes into jury administration.
Amendment history
The text of the Regulation itself records limited amendment history and transitional arrangements:
Replacement and repeal of earlier regulation. The Regulation commences on publication and repeals and replaces the Jury Regulation 2015 (Commencement note; s 11(1)). Section 11(2) provides a savings provision: "An act, matter or thing that, immediately before the repeal of the Jury Regulation 2015, had effect under that Regulation continues to have effect under this Regulation." That preserves continuity for ongoing arrangements made under the old regulation.
Amendment captured in the body. Section 5 contains a note that it was amended by "s 5: Am 2024 No 24, Sch 2". The operative text of s 5 prescribes that a trial the court estimates will take two weeks or longer is a prescribed trial for the Act’s additional‑juror provision. The amendment note indicates a 2024 amending instrument adjusted or added this prescription. The Regulation therefore records at least one recent change to the duration threshold for additional jurors.
Repeal of section 9. The text shows section 9 is repealed: "s 9: Rep 2025 (79), Sch 1." The Regulation therefore documents a subsequent amendment in 2025 that repealed the prior section 9. The content of the repealed section is not present in the text, but the repeal is recorded.
Commencement timing. The commencement clause notes that the replacement was necessary because the earlier regulation would otherwise be repealed on 1 September 2022 by s 10(2) of the Subordinate Legislation Act 1989. The Regulation therefore replaced the prior instrument to ensure continuity beyond that automatic repeal date.
No other amendment dates, historical versions or consolidated amendment schedules are contained in the text provided. The Regulation’s own notes therefore supply a limited, but concrete, amendment history: initial replacement and repeal of the 2015 Regulation on commencement, an amendment affecting s 5 in 2024, and a repeal of s 9 recorded as occurring in 2025.
Because the Regulation cross‑references other Acts that may themselves be amended over time, the Regulation’s practical effect may change when those Acts change. The Regulation explicitly relies on the Electoral Act 2017, the 2010 assumed‑identities Act and the Controlled Operations Act 1997; any amendments to those Acts will alter scope and application without changing the text of this Regulation.
Litigation history
The Regulation itself does not record any litigation history. The instrument is a subordinate legislative instrument that prescribes administrative rules and monetary amounts for jury service; the text contains no references to judicial decisions, cases or legal challenges. The legislation supplied here names no cases and cites no judicial authorities.
Where litigation might arise in future, potential grounds would include administrative law challenges to the sheriff’s exercise of discretion (for example, the sufficiency determination in s 4 or the denial of an attendance allowance under s 8), or proceedings challenging the application of the witness identity non‑disclosure rule in particular trials (s 6). None of those proceedings are referenced or recorded in the Regulation’s text.
Practitioners requiring litigation history will need to search court records and databases for challenges to decisions under the Jury Act 1977 and this Regulation, since the Regulation itself contains no litigation references and no case names.
Gotchas
This section highlights provisions that commonly cause compliance pitfalls, misreading or operational friction when measured against the text.
Employed person covers contractors and the self‑employed (s 3). The Regulation’s definition of employed person explicitly includes independent contractors and self‑employed persons who are engaged in work at the time of attendance. That means a juror who operates as a sole trader or contractor is treated as an employed person for attendance allowance purposes. Practitioners often assume "employed" excludes contractors; here it does not.
Entitlement conditions for employed persons are counterintuitive (s 7(2)). An employed person is entitled to an attendance allowance only if either they must pay the attendance allowance to their employer or their income is reduced because of the jury service. If an employed person continues to receive normal pay from their employer and is not required to remit any allowance to the employer, they are not entitled to the attendance allowance. This is the inverse of a simple "every employed juror gets the allowance" rule and requires active analysis of payroll arrangements.
Proportional reduction requires numerical evidence (s 7(3) and s 8). If an employed person’s income is reduced, the attendance allowance must be reduced by an amount proportional to the income reduction. The sheriff may require documentary proof of employment status and income, the effect of jury service on employment and income, and whether the juror must pay the allowance to the employer (s 8(1)). A person who does not provide the required information loses entitlement (s 8(2)). Practically, jurors must bring payslips, employer statements or tax returns to substantiate claims.
Two travel allowances are payable but the Regulation does not specify the operational trigger or timing in detail (s 7(1)(b) and Schedule 1 Part 2). Section 7(1)(b) provides for "2 travel allowances calculated under Schedule 1, Part 2" and Schedule 1 sets distance bands and rates. The Regulation does not, however, expressly itemise when both travel allowances are payable on a single day (for example, whether they cover a return trip or separate journeys on separate days). Courts and administrators will need to apply practice, precedent or internal guidelines to operationalise that clause.
Place of residence is the juror’s place of residence as shown on the jury roll (s 3). Travel allowances are calculated from that recorded place; if a juror’s current address differs from the jury roll entry, the juror may not be able to rely on the updated address for travel calculations without arranging a formal update. Updating the jury roll requires administrative steps; failure to do so can affect entitlement.
Lunch allowance is modest and conditional (s 7(1)(c)). The Regulation specifies $6.95 if the judge or coroner releases the jury for lunch, unless a free lunch is provided by the court or coroner. That is a fixed, modest amount and is not payable if a free lunch is provided. Practically, this may surprise jurors who assume meal reimbursements are larger.
Non‑disclosure of identities imports external statutory classes (s 6). The Regulation bars informing jurors of the identity of a principal witness where the witness is authorised or approved to acquire or use an assumed identity under the named Acts or is a participant under the Controlled Operations Act. Determining whether a witness fits those categories requires liaison with prosecuting agencies and law enforcement, and may require in‑camera or judicial procedures. The Regulation does not set out how the court should determine or document that status, so operationalising this protection may involve procedural uncertainty in practice.
Electronic jury rolls are permitted but security and access rules are not set here (s 10). The sheriff may keep jury rolls electronically. The Regulation does not specify storage, security or disclosure protocols. Data protection, access requests and privacy obligations will need to be addressed under other laws or internal policies.
Absence of penalty clauses in the Regulation itself. The instrument contains no direct criminal or administrative penalties. Enforcement is primarily by withholding entitlements or by court control. Practitioners should not assume additional punitive mechanisms are created by the Regulation; instead, enforcement will flow from the Act or other statutes.
Transitional continuity is preserved but old procedural specifics may differ (s 11). The Regulation saves acts and things that had effect under the repealed 2015 Regulation, but administrative practice may have shifted. Administrators must verify that prior arrangements continue to have effect under this instrument and avoid relying on procedural details that the current Regulation does not explicitly restate.
These points show that the Regulation prescribes numeric and definitional detail while leaving several operational and procedural choices to the sheriff, the courts and administrative practice. Where the Regulation is silent, practitioners should seek guidance from the Jury Act 1977, court practice directions and sheriff’s office procedures.
How to comply
Compliance under this Regulation requires coordinated steps for jurors, employers, sheriffs and courts. The obligations are practical and documentary rather than criminally framed in the Regulation itself.
For jurors and prospective jurors:
Ensure your place of residence is correctly recorded on the jury roll. Travel allowances are calculated from the place of residence as shown on the jury roll (s 3 and Schedule 1 Part 2). If your address has changed, arrange for the jury roll to be updated promptly through the sheriff’s office.
If you are an employed person (including contractors and sole traders), assess whether you must pay any attendance allowance to your employer or whether your income will be reduced by attending jury service (s 3 and s 7(2)). If you must remit the allowance to your employer, you may be entitled; if your income will be reduced, prepare to document the reduction.
Keep documentary proof of employment status, income and any income reduction. The sheriff may require the person to provide employment status and income, the effect of jury service on employment and income, and whether the person must pay the jury allowance to their employer (s 8(1)). Failure to provide information will result in no attendance allowance (s 8(2)).
Understand the allowance structure: for days 1-10 attendance allowance is $106.30; from day 11 onwards the attendance allowance for an employed person increases to $247.40 (Schedule 1 Part 1). If attendance during a day is less than four hours and you are not selected for jury service, no allowance is payable (Schedule 1 Part 1).
Track travel distances and retain evidence if needed. Travel allowances are payable per Schedule 1 Part 2 at banded rates: $4.35 for trips of 14 km or less, 30.7 cents per km for more than 14 km but less than 100 km, and $30.70 for 100 km or more. The Regulation envisages two travel allowances per day (s 7(1)(b)), so if you travel to and from court on the same day you should confirm with the sheriff how and when the two allowances apply.
For employed persons and employers:
Clarify payroll treatment and whether the employee must remit attendance allowance to the employer; this affects the juror’s entitlement under s 7(2)(a). Employers may wish to document any arrangements and provide jurors with written confirmation to present to the sheriff if required.
If the employee suffers income reduction because of jury service, provide a clear statement of the amount and period of reduced income on request, so the sheriff can apply the proportional reduction required by s 7(3).
Coordinate with the sheriff to ensure any payments made to the employer under the attendance allowance are handled transparently.
For the sheriff’s office and court administrators:
When determining jury districts, ensure each person on the Electoral Information Register is included in one or more jury districts and that each jury district includes a sufficient number of persons qualified and liable to be called, in the sheriff’s opinion (s 4). Maintain records of the criteria and reasoning used to establish sufficiency in the event of administrative review.
Implement procedures for requesting, receiving and verifying employment and income information from jurors who claim attendance allowances, consistent with s 8. Design forms and checklists to capture employment status, income, the effect of jury service on income and whether the juror must pay the allowance to an employer.
Establish protocols for calculating proportional reductions to attendance allowances where income is reduced (s 7(3)). Document calculation methods and ensure consistency across cases.
If moving to electronic jury rolls, adopt data security, retention and access policies that comply with privacy obligations and court requirements (s 10). The Regulation permits electronic rolls but does not specify data governance standards.
Create administrative guidance clarifying when and how the two travel allowances are payable under s 7(1)(b) and Schedule 1 Part 2. Although the Regulation provides the rates, it leaves timing/application to practice; consistent internal guidance will reduce disputes.
Ensure courtroom procedures and prosecutorial notifications take s 6 into account: do not inform jurors of the identity of principal witnesses who are authorised or approved to use assumed identities or who are participants under the Controlled Operations Act (s 6). Develop processes to identify such witnesses in advance and to manage disclosure issues through in‑camera procedures or judicial directions.
Communicate clearly to jurors the documentation they must bring to support allowance claims, including evidence of employment, income, leave arrangements, and any employer requirement to receive the allowance.
For courts and coroners:
When deciding whether to release a jury for lunch, be aware that a release triggers a $6.95 lunch allowance unless a free lunch is provided (s 7(1)(c)). Courts should coordinate with registry staff to handle payment or provision of lunch to avoid double payment or disputes.
Adopt judicial directions and practices to ensure s 6 identity non‑disclosure obligations are observed and recorded on the trial record when relevant.
For compliance monitoring and dispute resolution:
Keep clear records of requests for information, the information provided and decisions to withhold attendance allowances based on non‑production of required information (s 8). Those records will be necessary for administrative review or legal challenge.
If disputes arise about entitlement or calculations (for example, proportional reductions under s 7(3)), provide written reasons for calculations and allow jurors to supply further evidence where necessary.
In sum, practical compliance requires administrative forms and processes for information collection and verification, clear communications to jurors and employers, documented calculation methods for reductions, and courtroom procedures to protect certain witness identities. The Regulation sets the entitlements and the sheriff’s powers; operationalising them requires implementation detail and record‑keeping that the Regulation does not itself supply.
Identity of certain principal witnesses must not be disclosed—the Act, s 38
5 Additional jurors in criminal proceedings—the Act, s 19
5 Additional jurors in criminal proceedings—the Act, s 19
5 Additional jurors in criminal proceedings—the Act, s 19
For the Act, section 19(2)(b), a trial that the court estimates to take 2 weeks or longer is prescribed.
s 5: Am 2024 No 24, Sch 2.
6 Identity of certain principal witnesses must not be disclosed—the Act, s 38
6 Identity of certain principal witnesses must not be disclosed—the Act, s 38
6 Identity of certain principal witnesses must not be disclosed—the Act, s 38
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—
(a) authorised to acquire or use an assumed identity under the Law Enforcement and National Security (Assumed Identities) Act 2010, or
(b) approved to acquire or use an assumed identity under the Law Enforcement and National Security (Assumed Identities) Act 1998, or
(c) a participant within the meaning of the Law Enforcement (Controlled Operations) Act 1997.
7 Amount of jury allowance—the Act, s 72
7 Amount of jury allowance—the Act, s 72
7 Amount of jury allowance—the Act, s 72
(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—
(a) an attendance allowance calculated under Schedule 1, Part 1 (an attendance allowance),
(b) 2 travel allowances calculated under Schedule 1, Part 2,
(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.
(2) An employed person is entitled to an attendance allowance only if—
(a) the person must pay the person’s employer the attendance allowance, or
(b) the person’s income is reduced because of the jury service.
(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.
8 Sheriff may require information to determine attendance allowance—the Act, s 72
8 Sheriff may require information to determine attendance allowance—the Act, s 72
8 Sheriff may require information to determine attendance allowance—the Act, s 72
(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—
(a) the person’s employment status and income,
(b) the effect of jury service on the person’s employment and income,
(c) whether the person must pay the person’s employer the person’s jury allowance.
(2) A person is not entitled to an attendance allowance if the person does not provide the information.
9
9 (Repealed)
9
s 9: Rep 2025 (79), Sch 1.
10 Sheriff may keep electronic jury rolls—the Act, s 76(1)
10 Sheriff may keep electronic jury rolls—the Act, s 76(1)
10 Sheriff may keep electronic jury rolls—the Act, s 76(1)
The sheriff may keep a jury roll in electronic form.
11 Repeal and savings
11 Repeal and savings
11 Repeal and savings
(1) The Jury Regulation 2015 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Jury Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Jury allowances
Schedule 1 Jury allowances
Schedule 1 Jury allowances
section 7
Part 1 Attendance allowance
Part 1 Attendance allowance
Part 1 Attendance allowance
| Column 1 | Column 2 | Column 3 |
| Period of attendance | Allowance for a juror who is not an employed person | Allowance for a juror who is an employed person |
| Less than 4 hours, if the person is not selected for jury service | Nil | Nil |
| 4 hours or more, if the person is not selected for jury service | $106.30 | $106.30 |
| Days 1–10 | $106.30 | $106.30 |
| Day 11 and following days | $106.30 | $247.40 |
Part 2 Travel allowance
Part 2 Travel allowance
Part 2 Travel allowance
| Column 1 | Column 2 |
| Distance between person’s place of residence and court or inquest | Allowance |
| 14km or less | $4.35 |
| More than 14km but less than 100km | 30.7 cents/km |
| 100km or more | $30.70 |