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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Juries Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Selection to be random 4
PART 2--LIABILITY FOR JURY SERVICE 5
5. Persons qualified and liable for jury service 5
6. Reasons for impeaching a verdict 5
7. Juries Commissioner may excuse for good reason 5
8. Deferral of jury service 7
9. Permanent excuse 7
10. Appeal against determination of Juries Commissioner 8
11. Court may excuse person from jury service 8
12. Court may determine that a person should not perform jury
service 9
13. Exemption from jury service 9
14. Waiver of exemption or excuse 9
15. Juries Commissioner may provide information to Electoral
Commissioner 9
16. Court may enlarge jury list, pool or panel 10
17. Reduction of jury list or pool 10
PART 3--JURY DISTRICTS AND JURY ROLLS 11
18. Jury districts 11
19. Preparation of jury rolls 11
PART 4--PRE-SELECTION OF PERSONS FOR JURY SERVICE 13
20. Questionnaire 13
21. Juries Commissioner to determine liability for jury service 13
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Clause Page
PART 5--SUMMONING OF JURORS 14
22. Civil and criminal juries 14
23. Empanelment of additional jurors 14
24. Fees for civil juries 14
25. Preparation of jury list 15
26. Copy of list to be provided to Chief Commissioner 16
27. Summons 16
28. Attendance for jury service 17
PART 6--JURY TRIALS 19
29. Jury pool 19
30. Selection of panels 19
31. Calling of panel 20
32. Information for panel 20
33. Procedure for selecting jury in civil trials 21
34. Peremptory challenges in civil trials 21
35. Procedure for selecting jury in criminal trials 22
36. Peremptory challenges in criminal trials 22
37. Saving of right of challenge for cause 23
38. Determination of challenges for cause 24
39. Supplementary jurors 24
40. Swearing of jury 24
41. Judge may discharge juror 24
42. Continuation of trial with reduced jury 25
43. Court may order view 25
44. Failure to reach unanimous verdict in criminal cases 26
45. Failure to reach unanimous verdict in civil cases 27
46. Ballot where additional jurors on jury 27
47. Oath for jurykeeper 28
48. Court may allow jury to separate after retiring to consider verdict 28
PART 7--REMUNERATION AND ALLOWANCES FOR JURY
SERVICE 30
49. Remuneration and allowances for jury service 30
50. Employer to make up pay 30
51. Employee must notify employer of date etc. of jury service 31
PART 8--COMPENSATION OF JURORS 32
52. Definition 32
53. Compensation for injury during jury service 32
54. Compensation otherwise payable 35
55. Jurisdiction 35
56. Authority to represent Crown 35
57. Payments 36
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Clause Page
PART 9--JURIES COMMISSIONER 37
58. Appointment of Juries Commissioner 37
59. Certain office holders to be deputies 37
60. Power to administer oaths 37
61. Powers of deputies 37
62. Directions 37
PART 10--OFFENCES AND ENFORCEMENT 38
Division 1--Offences 38
63. Secrecy 38
64. Offences by officials 40
65. Questionnaire 41
66. Obligation to answer questions or produce document 41
67. Failure to inform Juries Commissioner of disqualification or
ineligibility 42
68. Supply of false or misleading information 42
69. Failing to attend for jury service 42
70. Failure to attend as supplementary juror 42
71. Refusal to be sworn or to make affirmation 43
72. Impersonation of person for the purpose of jury service 43
73. Extra payment for jury service 43
74. Employment not to be terminated or prejudiced because of jury
service 43
75. Restriction on publishing or broadcasting names etc. of jurors 44
76. Confidentiality of jury's deliberations 46
77. Offence by body corporate 48
78. Court to advise Juries Commissioner 49
Division 2--Summary Enforcement by Court 49
79. Making false statements 49
80. Failing to attend, be sworn or give evidence and giving false
answers 49
81. Impersonation of jurors and extra payment for jury service 50
82. Employers 50
Division 3--General 51
83. Contempt of court 51
84. Enforcement of fines 51
85. Double jeopardy 51
PART 11--GENERAL 53
86. Proof of service 53
87. Rules of Court 53
88. Regulations 53
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Clause Page
PART 12--AMENDMENT OF THE JURIES ACT 1967 55
89. Information to be supplied to DPP 55
PART 13--CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS 57
90. Repeal of Juries Act 1967 57
91. County Court Act 1958 57
92. Crimes Act 1958 57
93. Crimes (Mental Impairment and Unfitness to be Tried) Act
1997 57
94. Crimes (Criminal Trials) Act 1999 58
95. Transport Accident Act 1986 58
96. Magistrates' Court Act 1989 58
63. Juries Act 1999 58
97. Transitional provisions 58
__________________
SCHEDULES 62
SCHEDULE 1--Persons disqualified from serving as jurors 62
SCHEDULE 2--Persons ineligible to serve as jurors 63
SCHEDULE 3--Swearing of jurors on empanelment 65
SCHEDULE 4--Swearing of jury keepers 66
SCHEDULE 5--Swearing of jurors separating during deliberations 67
NOTES 68
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PARLIAMENT OF VICTORIA
A BILL
to re-enact with amendments the law relating to juries, to repeal the
Juries Act 1967 and for other purposes.
Juries Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to provide for the
operation and administration of a system of trial
5 by jury which--
(a) equitably spreads the obligation of jury
service amongst the community; and
(b) makes juries more representative of the
community; and
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s. 2
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(c) permits the timely adoption of new
technologies for the selection of persons for
jury service.
2. Commencement
5 (1) This Part and Part 12 come into operation on the
day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 January 2000.
3. Definitions
10 In this Act--
"circuit town" means every place, other than
Melbourne, at which sittings of the Supreme
Court or County Court are held;
"civil trial" means trial of an issue or inquiry of
15 damages before a court sitting in the exercise
of a jurisdiction other than a criminal
jurisdiction;
"court", except in sections 63 and 76, means
Supreme Court or County Court;
20 "criminal trial" means trial on indictment or
presentment for an indictable offence or the
trial of an issue by a court sitting in the
exercise of a criminal jurisdiction and
includes an investigation and a special
25 hearing under the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997;
"Electoral Commissioner" means the person
appointed under section 144 of The
30 Constitution Act Amendment Act 1958;
"Juries Commissioner" means the juries
commissioner appointed under section 58
and, except in section 18(3)(b) and Part 9,
includes a deputy juries commissioner;
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s. 3
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"jury list" means a list prepared under section
25;
"jury roll" means the roll prepared under
section 19;
5 "jury service period" means the period for
which the jury roll is prepared;
"panel" means a group of persons attending for
jury service which is selected or allocated in
accordance with section 30 and from which a
10 jury may be struck;
"pool" means a group of persons attending for
jury service which is constituted in
accordance with section 29 and from which a
panel may be constituted;
15 "pool supervisor" means the Juries
Commissioner or a person appointed by the
Juries Commissioner to be in charge of or
assist with a pool for the time being;
"prothonotary" means the prothonotary of the
20 Supreme Court and includes a deputy of the
prothonotary;
"questionnaire" means the questionnaire referred
to in section 20;
"registered medical practitioner" means--
25 (a) a registered medical practitioner within
the meaning of the Medical Practice
Act 1994; or
(b) a person registered as a medical
practitioner under a corresponding
30 enactment of another State or a
Territory of the Commonwealth;
"registered psychologist" means a registered
psychologist within the meaning of the
Psychologists Registration Act 1987;
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Juries Act 1999
s. 4
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"trial" means civil trial or criminal trial;
"view" includes inspection.
4. Selection to be random
If this Act requires that one or more persons be
5 selected, the selection must be random.
_______________
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s. 5
Act No.
PART 2--LIABILITY FOR JURY SERVICE
5. Persons qualified and liable for jury service
(1) Subject to this section, every person aged 18 years
or above who is enrolled as an elector for the
5 Legislative Assembly and Legislative Council is
qualified and liable for jury service.
(2) A person referred to in Schedule 1 is disqualified
from jury service.
(3) A person referred to in Schedule 2 is ineligible for
10 jury service.
(4) A person may, in accordance with this Act, be
excused or exempted from jury service.
6. Reasons for impeaching a verdict
The fact that a person is disqualified from or is
15 ineligible for jury service is not a ground for
impeaching a verdict unless that fact is submitted
before the person is sworn as a juror.
7. Juries Commissioner may excuse for good reason
(1) At any time before a person becomes a member of
20 a panel, the Juries Commissioner may excuse him
or her from jury service for the whole or any part
of the jury service period if the Juries
Commissioner is satisfied that there is good
reason for doing so.
25 (2) For the purposes of sub-section (1), good reason
includes any of the following--
(a) illness or poor health;
(b) incapacity;
(c) the distance to travel to the place at which
30 the person would be required to attend for
jury service is--
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(i) if the place is in Melbourne, over
50 kilometres; or
(ii) if the place is outside Melbourne, over
60 kilometres;
5 (d) travel to the place at which the person would
be required to attend for jury service would
take excessive time or cause excessive
inconvenience;
(e) substantial hardship to the person would
10 result from the person attending for jury
service;
(f) substantial financial hardship would result
from the person attending for jury service;
(g) substantial inconvenience to the public
15 would result from the person attending for
jury service;
(h) the person has the care of dependants and
alternative care during the person's
attendance for jury service is not reasonably
20 available for those dependants;
(i) the advanced age of the person;
(j) any other matter of special urgency or
importance.
(3) The Juries Commissioner may not exercise the
25 power under sub-section (1) unless he or she is
satisfied by evidence on oath, whether oral or by
affidavit, or statutory declaration or, if there is
good reason, by any other means.
(4) If the Juries Commissioner determines that a
30 person is not excused from jury service, the Juries
Commissioner must give written notice of his or
her determination to the person.
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s. 8
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8. Deferral of jury service
(1) A person may apply to the Juries Commissioner,
on receipt of a questionnaire or at any time prior
to becoming a member of a panel, for deferral of
5 jury service to another period within the next
12 months.
(2) The Juries Commissioner may defer a person's
jury service to a date within the next 12 months.
(3) If the Juries Commissioner determines to refuse
10 an application for deferral, the Juries
Commissioner must give written notice of his or
her determination to the applicant.
9. Permanent excuse
(1) On an application to be excused from jury service,
15 the Juries Commissioner may permanently excuse
a person from jury service if satisfied that there is
good reason for doing so.
(2) For the purposes of sub-section (1), good reason
includes, but is not limited to--
20 (a) continuing poor health;
(b) disability;
(c) advanced age.
(3) An application may be made under this section at
any time, whether or not the person in respect of
25 whom it is made has been summoned for jury
service.
(4) If the Juries Commissioner determines to refuse
an application to be permanently excused from
jury service, the Juries Commissioner must give
30 written notice of his or her determination to the
person in respect of whom the application is
made.
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Juries Act 1999
s. 10
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10. Appeal against determination of Juries Commissioner
(1) A person aggrieved by a determination of the
Juries Commissioner under section 7, 8 or 9 may
appeal against the determination within 14 days
5 after receipt of the notice of the determination
from the Juries Commissioner.
(2) An appeal must be lodged with the Juries
Commissioner and shall be determined, in
accordance with the rules, by the Supreme Court
10 or the County Court.
(3) The Supreme Court or the County Court may
extend the time within which an appeal may be
instituted.
11. Court may excuse person from jury service
15 (1) A court may, by order, excuse a person from jury
service--
(a) for the whole or a part of a jury service
period; or
(b) for a longer period specified by the court; or
20 (c) permanently.
(2) A court may make an order under sub-section
(1)--
(a) on an appeal under section 10; or
(b) if the Juries Commissioner refers the matter
25 to the court--
if the court is satisfied that there is good reason
for the person to be excused from jury service.
(3) For the purposes of sub-section (2), good reason
includes the matters set out in section 7(2).
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Juries Act 1999
s. 12
15
Act No.
12. Court may determine that a person should not
perform jury service
(1) Despite this Part, if a court thinks it is just and
reasonable to do so, the court may, on its own
5 motion or on an application under sub-section (2),
order that a person shall not perform jury
service--
(a) for the whole or part of the jury service
period; or
10 (b) for a longer period specified by the court; or
(c) permanently.
(2) If the Juries Commissioner considers that a person
may not be able to perform the duties of a juror,
the Juries Commissioner may apply to a court for
15 an order under sub-section (1).
13. Exemption from jury service
(1) The Juries Commissioner may grant to a person
who attends for jury service or serves on a jury an
exemption from jury service for any period not
20 exceeding 3 years that the Juries Commissioner
thinks fit.
(2) When a juror or a jury is discharged during or at
the conclusion of a trial, the court may, if the trial
has required the attendance of the jurors for a
25 lengthy period or for other good reason, determine
that the juror is, or jurors are, entitled to be
exempt from jury service for any period that the
court specifies.
14. Waiver of exemption or excuse
30 A person who has been exempted or excused from
jury service may, by written notice to the Juries
Commissioner, waive that exemption or excuse.
15. Juries Commissioner may provide information to
Electoral Commissioner
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(1) The Juries Commissioner may provide to the
Electoral Commissioner any information that the
Juries Commissioner thinks relevant for the
preparation of jury rolls.
5 (2) If a court exempts or excuses a person from jury
service or orders that a person shall not perform
jury service, whether permanently or otherwise,
the court must cause the Juries Commissioner to
be notified of that fact and the period for which
10 the person is exempted, excused or ordered not to
perform jury service.
16. Court may enlarge jury list, pool or panel
(1) A court may order that a jury list, pool or panel be
enlarged.
15 (2) If a court makes an order under sub-section (1), it
may direct the manner in which the persons may
be summoned for jury service.
17. Reduction of jury list or pool
(1) If it appears to the Juries Commissioner, after the
20 issue of summonses under section 27 but before
the people summoned attend for jury service, that,
for any one or more days of their attendance, the
number summoned is greater than the number that
will actually be required, the Juries Commissioner
25 may defer or cancel the jury service of all or a
selected number of those people.
(2) Where it appears that the number of people
attending for jury service at any sittings of a court
exceeds the number reasonably required, the
30 Juries Commissioner or the court may defer or
cancel the jury service of all or a selected number
of those people.
_______________
10
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Juries Act 1999
s. 18
Act No.
PART 3--JURY DISTRICTS AND JURY ROLLS
18. Jury districts
(1) There shall be a jury district for Melbourne and
every circuit town.
5 (2) A jury district is the area comprising the electoral
districts for the Legislative Assembly assigned in
accordance with sub-section (3).
(3) The Governor in Council--
(a) on the recommendation of the Electoral
10 Commissioner; and
(b) after consultation with the Juries
Commissioner; and
(c) having regard to the needs of the courts in
Melbourne or a circuit town, as the case may
15 be, for jurors--
shall, by order published in the Government
Gazette, assign electoral districts for the
Legislative Assembly as the jury district for that
city or circuit town.
20 19. Preparation of jury rolls
(1) The Juries Commissioner--
(a) must, at intervals of not more than
12 months; and
(b) may at any shorter interval--
25 notify the Electoral Commissioner of the number
of persons that the Juries Commissioner estimates
will be required for jury service in a jury district.
(2) On receipt of a notification under sub-section (1),
the Electoral Commissioner must, as soon as
30 practicable, select from the electoral rolls for the
electoral districts for the Legislative Assembly in
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s. 19
Act No.
that jury district the number of persons apparently
qualified and liable for jury service in that district
required for the jury service period.
(3) On completion of the selection under sub-section
5 (2), the Electoral Commissioner must, without
delay, send to the Juries Commissioner a roll of
the persons selected under sub-section (2) and the
address and date of birth of each person.
(4) The roll referred to in sub-section (3) is the jury
10 roll for the jury district concerned until a new jury
roll is prepared in accordance with this Act,
despite any alteration in the boundaries of the jury
district during the jury service period.
(5) A person selected for the jury roll is not eligible to
15 be selected again during the next 12 months or
any longer period that the Juries Commissioner
directs.
_______________
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Juries Act 1999
s. 20
Act No.
PART 4--PRE-SELECTION OF PERSONS FOR JURY
SERVICE
20. Questionnaire
(1) The Juries Commissioner must, from time to time,
5 cause a questionnaire to be sent to--
(a) all people on the jury roll; or
(b) as many people selected from the jury roll as
the Juries Commissioner thinks necessary--
for the purpose of determining their qualification
10 and liability for jury service for the jury service
period.
(2) A person who receives a questionnaire referred to
in sub-section (1) must complete it in the manner
specified and return it to the Juries Commissioner
15 within 14 days after receipt or the time specified
by the Juries Commissioner, whichever is later.
(3) If a person fails to complete and return a
questionnaire as required by this section, the
person remains liable for jury service.
20 21. Juries Commissioner to determine liability for jury
service
On receipt of a completed questionnaire from a
person, the Juries Commissioner must determine
the qualification and liability of the person for
25 jury service.
_______________
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Juries Act 1999
s. 22
Act No.
PART 5--SUMMONING OF JURORS
22. Civil and criminal juries
(1) If a civil trial in the Supreme Court or the County
Court is to be tried by a jury, the jury is to
5 comprise 6 jurors or, if the court makes an order
in accordance with section 23, not more than
8 jurors.
(2) A criminal trial in the Supreme Court or the
County Court is to be tried by a jury of 12 or, if
10 the court makes an order in accordance with
section 23, by a jury of not more than 15.
23. Empanelment of additional jurors
In a trial before the jury is empanelled, the court
may order the empanelment of--
15 (a) in a criminal trial, up to 3 additional jurors;
and
(b) in a civil trial, up to 2 additional jurors.
24. Fees for civil juries
(1) The party entering a civil case for trial by a jury in
20 the Supreme Court must pay the prescribed fee to
the prothonotary.
(2) A party requiring a civil case to be tried by a jury
in the County Court must pay the prescribed fee to
the registrar of the court.
25 (3) The party who required a civil case to be tried by
a jury must pay to the prothonotary or the registrar
(as the case requires) the prescribed fee for a jury
for the second and every subsequent day of the
trial.
30 (4) Subject to sub-sections (5) and (6), the fee
required to be paid under this section for the
second and each subsequent day of a trial must be
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Juries Act 1999
s. 25
Act No.
paid before the trial resumes on the day in respect
of which the fee is payable.
(5) If, on the last day of a trial, the jury serves for
more than 8 hours, the fee to be paid for the jurors
5 for the period beyond that 8 hours may be paid
before or after the conclusion of the trial.
(6) If the prescribed fee is not paid by any party when
the trial resumes on the day in respect of which
the fee is payable, the court may extend the time
10 for payment until the end of that sitting day.
(7) If the prescribed fee is not paid by any party
before the end of the sitting day in respect of
which the fee is payable, the court must discharge
the jury and continue to hear and determine the
15 case without a jury.
(8) If a party cancels a requirement for trial by a jury
not less than 14 days before the trial is listed to
commence, a refund of the fees paid under this
section less prescribed administrative expenses
20 may, on application, be made to the party and the
Consolidated Fund is, to the necessary extent,
appropriated accordingly.
(9) No fees are payable if the court, on its own
motion, orders that a jury is required in a civil
25 trial.
25. Preparation of jury list
(1) The Juries Commissioner must, as often as
necessary, prepare a list of people selected from,
or comprising, those recorded by the Juries
30 Commissioner as liable for jury service in a jury
district.
(2) The list must include sufficient numbers of
persons to constitute--
(a) a panel to be summoned to a particular court;
35 or
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s. 26
27
Act No.
(b) a pool from which people may be selected
and allocated for the purpose of striking
juries for trials in one or more courts.
(3) The list must contain the name, address, date of
5 birth and, if known, the occupation of each person
selected.
26. Copy of list to be provided to Chief Commissioner
(1) The Juries Commissioner must provide to the
Chief Commissioner of Police a copy of every
10 jury list.
(2) The Chief Commissioner of Police must cause
enquiries to be made as to--
(a) whether any person named on the jury list is
disqualified under section 5(2) from jury
15 service and report the result of those
enquiries to the Juries Commissioner; and
(b) whether any person named on the jury list
has been found guilty of any offence and
report the result of those enquiries to the
20 Director of Public Prosecutions for Victoria
or the Director of Public Prosecutions for the
Commonwealth, as the case requires.
(3) The Juries Commissioner may amend a jury list
on the basis of information provided by the Chief
25 Commissioner of Police under sub-section (2)(a).
(4) The Director of Public Prosecutions for Victoria
or the Director of Public Prosecutions for the
Commonwealth, as the case may be, may use any
information provided under sub-section (2)(b) for
30 the purpose of exercising the Crown's right to
challenge jurors.
27. Summons
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Juries Act 1999
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(1) The Juries Commissioner must issue a summons
to--
(a) a sufficient number of people selected from
the jury list; or
5 (b) all people on the jury list.
(2) A summons must--
(a) be addressed to the person at the address
recorded in the jury list; and
(b) specify the date, time and place at which the
10 person is required to attend for jury service;
and
(c) be served not less than 10 days before the
person is required to attend for jury service.
(3) The Juries Commissioner may--
15 (a) recall and cancel a summons; and
(b) issue a fresh summons for the same purpose
as that for which the recalled summons was
issued.
28. Attendance for jury service
20 (1) A person shall not be compelled to attend for jury
service for more than 5 consecutive court days
unless--
(a) on the last of those days, the trial in which
the person is serving as juror has not
25 concluded; or
(b) in special circumstances, the court otherwise
orders.
(2) A person--
(a) who does not attend for jury service when
30 summoned; or
(b) whose jury service is cancelled or deferred
under section 17--
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s. 28
Act No.
remains liable for jury service.
_______________
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s. 29
Act No.
PART 6--JURY TRIALS
29. Jury pool
(1) On the day and at the time named in the summons
or the day and time to which jury service has been
5 deferred, the person named in the summons must
attend the place referred to in the summons unless
the person's service is cancelled or further
deferred under section 17.
(2) A pool of persons attending for jury service is in
10 the charge and under the control of the Juries
Commissioner and pool supervisors, subject to the
general control and direction of the court.
(3) For every person called to a pool, the Juries
Commissioner must cause to be prepared a
15 document bearing the name and occupation and, if
there are 2 or more persons with the same name
and occupation, the date of birth of the person.
(4) The people whose names are documented under
sub-section (3) constitute the pool from which
20 people may be selected or allocated to constitute a
panel.
30. Selection of panels
(1) A trial judge must cause a pool supervisor to be
notified when a panel is required by the court.
25 (2) The pool supervisor must then either--
(a) select from the pool a sufficient number of
persons to empanel a jury for that trial; or
(b) allocate all the pool--
and the persons selected or allocated constitute the
30 panel for that trial.
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Juries Act 1999
s. 31
Act No.
(3) The names of the persons constituting the panel
must be delivered to the person authorised by the
trial judge ("the proper officer").
31. Calling of panel
5 (1) When the panel is present in the court, the proper
officer must--
(a) call out their names or, if the court makes a
direction under sub-section (3), their
number, one after another; and
10 (b) document those who answer to their names
or numbers.
(2) The court may direct that the name, occupation
and, if there are 2 or more persons with the same
name and occupation, the date of birth of a person
15 on the panel be called out.
(3) The court, whether before or after the panel has
been called, may direct that each person on the
panel be identified by number only if the court
considers that, for security or other reasons, the
20 names of the panel should not be read out in open
court and, in respect of a criminal trial, cause a list
of the names and corresponding numbers to be
provided to the Crown.
32. Information for panel
25 (1) The court must inform the panel, or cause them to
be informed, of the following information--
(a) the type of action or charge;
(b) the names of the parties to the trial;
(c) the names of principal witnesses in the trial;
30 (d) the estimated length of the trial;
(e) any other information that the court thinks
relevant.
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(2) The court must then call on persons on the panel
to seek to be excused from jury service on the trial
if the person is unable to consider the case
impartially or is unable to serve for any other
5 reason.
33. Procedure for selecting jury in civil trials
(1) After the procedures set out in sections 31 and 32
have been completed in a civil trial, the proper
officer must--
10 (a) select persons from the panel and call out the
name or number, occupation and, if there are
2 or more persons with the same name and
occupation, the date of birth of each of those
persons until the required number is selected,
15 after allowing for all challenges for cause
which have been upheld; and
(b) make a list of the persons selected; and
(c) provide the list--
(i) first, to the plaintiff or petitioner; and
20 (ii) next, to the defendant or respondent--
who may each strike from the list the name
or number of any person to whom they
object in accordance with section 34.
(2) The persons whose names or numbers remain on
25 the list shall be the jury to try the issues in the
trial.
34. Peremptory challenges in civil trials
(1) In a civil trial, each party is allowed to challenge
peremptorily 3 potential jurors and every
30 peremptory challenge above that number is void.
(2) A peremptory challenge in a civil trial is made by
striking the name or number of the potential juror
from the list of persons selected under section 33.
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(3) If several plaintiffs or defendants are represented
in a civil trial by the same legal practitioner, they
must, for the purpose of a peremptory challenge,
be deemed to be one plaintiff or defendant, as the
5 case may be.
(4) If several plaintiffs or defendants are not
represented in a civil trial by the same legal
practitioner--
(a) they may consent to join in their peremptory
10 challenges;
(b) if they do not consent, each is allowed to
challenge peremptorily as provided by sub-
section (1).
35. Procedure for selecting jury in criminal trials
15 (1) After the procedures set out in sections 31 and 32
have been completed in a criminal trial, the proper
officer must select persons from the panel and call
out the name or number, occupation and, if there
are 2 or more persons with the same name and
20 occupation, the date of birth of each of those
persons until the required number is selected, after
allowing for all challenges for cause which have
been upheld and each party's right of challenge
under section 36.
25 (2) The persons selected shall be the jury to try the
issues in the trial.
36. Peremptory challenges in criminal trials
(1) This section does not apply to an investigation
under the Crimes (Mental Impairment and
30 Unfitness to be Tried) Act 1997.
(2) Every person arraigned is allowed to challenge
peremptorily--
(a) 6 potential jurors, if only 1 person is
arraigned in the trial; or
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(b) 5 potential jurors, if 2 persons are arraigned
in the trial; or
(c) 4 potential jurors if 3 or more persons are
arraigned in the trial--
5 and every peremptory challenge above that
number is void.
(3) The Crown is allowed to challenge
peremptorily--
(a) 6 potential jurors, if only 1 person is
10 arraigned in the trial; or
(b) 10 potential jurors, if 2 persons are arraigned
in the trial; or
(c) 4 potential jurors for each person arraigned,
if 3 or more persons are arraigned in the
15 trial--
and every peremptory challenge above that
number is void.
(4) In a criminal trial, every challenge must be made
as the potential juror comes to take his or her seat
20 and before he or she takes it.
(5) On the application of a person arraigned, the court
must permit a legal practitioner who represents
the person, or the clerk of the legal practitioner, to
assist the person in making a challenge.
25 37. Saving of right of challenge for cause
(1) Nothing in this Act deprives the Crown or any
person of the same right of challenge for cause as
would exist if this Act had not been enacted.
(2) On a criminal trial a member of the grand jury
30 which returned the true bill may be challenged for
cause.
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38. Determination of challenges for cause
(1) In any trial, a challenge to a potential juror for
cause must be tried by the judge before whom the
jury is being empanelled.
5 (2) If a challenge to a potential juror for cause is
upheld, the person challenged must not be
empanelled on the jury in that trial.
39. Supplementary jurors
(1) If a trial is likely to be delayed because there is an
10 insufficient number of persons available for the
selection of a jury, the court may, on its own
motion or on application by a party, direct the
Juries Commissioner to supplement a panel by
selecting a sufficient number from among persons
15 who are qualified and liable for jury service and
instructing them to attend for jury service.
(2) The number of persons to be selected, and the
method of selection, must be as directed by the
court.
20 (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.
40. Swearing of jury
On being empanelled, jurors must be sworn in
25 open court in the form prescribed in Schedule 3
applicable to the case.
41. Judge may discharge juror
If during a trial--
(a) it appears to the judge that a juror is not
30 impartial; or
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(b) a juror becomes incapable of continuing to
act as a juror; or
(c) a juror becomes ill; or
(d) it appears to the judge that, for any other
5 reason, a juror should not continue to act as a
juror--
the judge may, without discharging the whole
jury, discharge the juror.
42. Continuation of trial with reduced jury
10 (1) If a juror dies or is discharged during a trial, the
judge may direct, subject to sub-sections (2) and
(3), that the trial shall continue with the remaining
jurors.
(2) A civil trial cannot continue with less than 5
15 jurors.
(3) A criminal trial cannot continue with less than
10 jurors.
(4) The verdict of the remaining jurors is a sufficient
verdict.
20 43. Court may order view
(1) If, during a civil trial, the judge considers it
desirable for the jury to view a particular place or
object, the judge may order a view and may give
any necessary directions for that purpose.
25 (2) The validity of the proceeding is not affected by
disobedience to any direction given under sub-
section (1) but if the fact is discovered before the
verdict is given, the court may discharge the jury
and direct that a new trial shall take place.
30 (3) If a party to a civil trial applies for a view, the
party must pay to the Juries Commissioner the
expenses of the view determined by the Juries
Commissioner.
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44. Failure to reach unanimous verdict in criminal cases
(1) In this section, "majority verdict" means--
(a) if, at the time of returning its verdict, the jury
consists of 12 jurors--a verdict on which 11
5 of them agree;
(b) if, at the time of returning its verdict, the jury
consists of 11 jurors--a verdict on which 10
of them agree;
(c) if, at the time of returning its verdict, the jury
10 consists of 10 jurors--a verdict on which 9
of them agree.
(2) If, after deliberating for at least 6 hours, a jury in a
criminal trial is unable to agree on its verdict, the
judge may discharge the jury.
15 (3) If the jury in a criminal trial has not reached a
unanimous verdict after at least 6 hours
deliberation, the court may, subject to sub-
sections (4) and (5), take a majority verdict as the
verdict of the jury.
20 (4) A court must refuse to take a majority verdict if it
considers that the jury has not had a period of time
for deliberation that the court thinks reasonable,
having regard to the nature and complexity of the
trial.
25 (5) A verdict on a trial on indictment of an offence
against a law of the Commonwealth must be
unanimous.
(6) If in a criminal trial--
(a) it is possible for a jury to return a verdict of
30 not guilty of the offence charged but guilty
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of another offence with which the accused
has not been charged; and
(b) the jury reaches a verdict (unanimously or by
majority verdict) that the accused is not
5 guilty of the offence charged; and
(c) the jury is unable to agree on its verdict on
the alternative offence after a cumulative
total of at least 6 hours deliberation on both
offences--
10 a majority verdict on the alternative offence may
be taken as the verdict of the jury.
45. Failure to reach unanimous verdict in civil cases
(1) If--
(a) the jury in a civil trial has not reached a
15 unanimous verdict after at least 3 hours
deliberation; and
(b) at the time of returning its verdict, the jury
consists of 6 jurors--
the court may take a verdict on which 5 of them
20 agree as the verdict of the jury.
(2) If, after deliberating for at least 6 hours, 5 of the
jury in a civil trial are unable to agree on their
verdict, the judge may discharge the jury.
46. Ballot where additional jurors on jury
25 (1) If--
(a) in a criminal trial, more than 12 jurors; or
(b) in a civil trial, more than 6 jurors--
have been empanelled and remain at the time at
which the jury is required to retire to consider its
30 verdict, a ballot must be conducted by selecting
the number of jurors necessary to reduce the jury
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to 12 or 6, as the case may be, before the jury
retires to consider its verdict.
(2) If the foreperson is selected in the ballot, that
selection is to be disregarded and the foreperson
5 remains on the jury.
(3) If the trial is not concluded after the verdict is
given (whether because it is not in respect of all
the accused persons or not in respect of all the
counts in the presentment), the jurors selected in
10 the ballot must then return to the jury, and
continue as part of it, for the continuation of the
trial.
(4) A fresh ballot must be conducted each time the
jury is required to retire to consider its verdict.
15 (5) Subject to sub-sections (2) and (3), the jurors who
are selected in the ballot must be discharged but
remain liable for further jury service, unless the
court otherwise orders.
(6) The jurors who, after a ballot, remain on the jury
20 until a verdict has been given or until the jurors
are discharged, remain liable for further jury
service, unless the court otherwise orders.
47. Oath for jurykeeper
If a jurykeeper is required in a trial, the jurykeeper
25 must be sworn in the form prescribed in
Schedule 4.
48. Court may allow jury to separate after retiring to
consider verdict
(1) Subject to sub-section (2) but despite any rule of
30 law or practice to the contrary, the court may--
(a) allow the jury to separate; or
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(b) allow an individual juror to separate from the
jury if, in the opinion of the court, there is
good reason to do so--
after the jury has retired to consider its verdict and
5 before the verdict is given or the jurors are
discharged.
(2) A court may only allow a jury or juror to separate
in accordance with sub-section (1) if each
separating juror has been sworn in the form
10 prescribed in Schedule 5.
_______________
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PART 7--REMUNERATION AND ALLOWANCES FOR JURY
SERVICE
49. Remuneration and allowances for jury service
(1) Subject to sub-section (2), the prescribed rate of
5 remuneration and allowances shall be paid to--
(a) every person who has attended for jury
service in response to a summons; and
(b) every person who has attended court in
response to selection under section 39 to
10 supplement a panel--
whether or not the person has actually served as a
juror.
(2) A person who attends for jury service and is
excused shall not be paid remuneration and
15 allowances if the application to be excused from
jury service should have been made before their
attendance.
(3) Despite sub-section (1), if a juror is not required
to attend during the course of a trial, the judge
20 may direct that the juror be paid remuneration and
allowances at the prescribed rate for any day on
which the juror is not required to attend court--
(a) to a maximum of 5 days for every 40 days on
which the juror has attended court, whether
25 or not the juror has lost income; and
(b) for any further days in respect of which the
juror has lost income--
as a result of serving as a juror.
50. Employer to make up pay
30 (1) In this section and section 51, "employee" does
not include an independent contractor.
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(2) Despite any inconsistent term in a contract of
employment, an employee who has been
summoned for jury service and who has attended
court, whether or not he or she has actually served
5 on a jury, is entitled to be reimbursed by his or her
employer an amount equal to the difference
between the amount of remuneration paid under
section 49 and the amount that he or she could
reasonably expect to have received from the
10 employer as earnings for that period had he or she
not been performing jury service.
51. Employee must notify employer of date etc. of jury
service
An employee must--
15 (a) notify his or her employer as soon as
possible of the date on which he or she is
required to attend for jury service; and
(b) give to his or her employer written details
of--
20 (i) the date on which the employee
attended court; and
(ii) the duration of the period of jury
service; and
(iii) any remuneration paid to the employee
25 under section 49.
_______________
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PART 8--COMPENSATION OF JURORS
52. Definition
In this Part, "Authority" means the Victorian
WorkCover Authority under the Accident
5 Compensation Act 1985.
53. Compensation for injury during jury service
(1) If a person suffers personal injury arising out of or
in the course of jury service, compensation is to
be paid in accordance with this Part.
10 (2) An injury is deemed to arise out of or in the
course of a person's jury service if the injury
occurs while the person--
(a) is in attendance at a pool of jurors or at a
court or place, in response to a summons or
15 other lawful direction; or
(b) having been present at a pool of jurors, court
or place on a day, is temporarily absent on
that day from the pool, court or place during
an adjournment of the court or with the
20 express permission of the court or the Juries
Commissioner and, during the absence, does
not voluntarily subject himself or herself to
any abnormal risk of injury; or
(c) is travelling between his or her place of
25 residence, business or employment and the
pool, court or place where the person is
required to attend for jury service, but not
during or after a break in the person's
journey which the Authority, the County
30 Court or the Magistrates' Court considers
would ordinarily have materially added to
the risk of injury.
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(3) For the purposes of this section, service as a juror
includes attendance at a pool of jurors or at a court
or place in response to a summons to attend for
jury service, whether the person so attending--
5 (a) is not qualified and liable for jury service; or
(b) is excused by the court or Juries
Commissioner from further attendance; or
(c) is not sworn as a juror; or
(d) is not empanelled on a jury--
10 but does not include attendance by a person who
has knowingly made an untrue or misleading
statement in a questionnaire in respect of which
the person has been recorded as liable for jury
service.
15 (4) The person to whom or for whose benefit
compensation is payable are those persons to
whom or for whose benefit compensation would
be payable under the Accident Compensation
Act 1985 if--
20 (a) the person attending for jury service were a
worker within the meaning of that Act; and
(b) the personal injury were caused in the
person's employment arising out of or in the
course of the employment.
25 (5) A claim for compensation under this section must
be made to the Authority in accordance with this
Part.
(6) All matters relating to compensation must be
determined in accordance with this Part by the
30 Authority, the County Court or the Magistrates'
Court, as the case requires.
(7) In making a determination in relation to any
matter referred to in sub-section (4), the
Authority, the County Court or the Magistrates'
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Court must, as far as practicable, be guided by
reference to the applicable provisions of the
Accident Compensation Act 1985 governing the
corresponding matter in that Act.
5 (8) A person is not debarred from compensation in
respect of personal injury caused to a person
attending for jury service by reason only that the
person attending for jury service was not, at the
relevant time, a worker within the meaning of
10 Accident Compensation Act 1985.
(9) For the purpose of assessing compensation, the
average weekly earnings of a person attending for
jury service is to be computed by the Authority,
the County Court or the Magistrates' Court--
15 (a) by reference to his or her employment by
any employer or employers during the
relevant period before the accident; or
(b) if he or she was not then working under a
contract of service, on any basis that, in the
20 opinion of the Authority, the County Court
or the Magistrates' Court, is best calculated
to give the appropriate compensation for his
or her loss of earning capacity--
but so that any relevant maximum limits imposed
25 by the Accident Compensation Act 1985 are not
exceeded.
(10) If compensation is paid under this Part, the
payment has the same legal effects as follow from
the payment of compensation under the Accident
30 Compensation Act 1985.
(11) For the purposes of enabling the return to work of
a person who suffers a personal injury while
attending for jury service, the Authority may--
(a) prepare a return to work plan under the
35 Accident Compensation Act 1985;
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(b) approve a provider of occupational
rehabilitation services for the purposes of a
return to work plan prepared under
paragraph (a);
5 (c) provide alternative assistance or programs to
the worker or in respect of the employment
of the worker.
(12) Any costs and expenses incurred as a result of
sub-section (11) are to be paid by the Authority
10 under section 57(2) as if the costs and expenses
were a payment of compensation and section
57(3) applies accordingly.
54. Compensation otherwise payable
If a person is entitled to compensation in respect
15 of personal injury otherwise than in accordance
with this Part, there is payable to that person the
amount, if any, by which the amount of
compensation in respect of the injury determined
under this Part exceeds the amount to which the
20 person is entitled.
55. Jurisdiction
If any question or matter arises under this Part, the
County Court and the Magistrates' Court have,
under this Act, the same jurisdiction to hear and
25 determine the question or matter as if it were a
question or matter arising under the Accident
Compensation Act 1985 and that Act applies
with the necessary adaptations and modifications.
56. Authority to represent Crown
30 In all proceedings under this Part, the Authority
represents the Crown and has the same powers,
rights and authorities as the Authority has under
the Accident Compensation Act 1985 in regard
to the corresponding matter relating to a worker
35 under that Act.
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57. Payments
(1) The Authority is entitled to the reimbursement of
its reasonable costs and expenses incurred in
representing the Crown under section 56.
5 (2) The Authority must make any payment of
compensation under this Part out of the
WorkCover Authority Fund under the Accident
Compensation Act 1985.
(3) There is to be paid into the WorkCover Authority
10 Fund out of the Consolidated Fund, which is to
the necessary extent appropriated accordingly--
(a) the amounts to be reimbursed under sub-
section (1); and
(b) the amount of any payments under sub-
15 section (2).
_______________
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PART 9--JURIES COMMISSIONER
58. Appointment of Juries Commissioner
For the purpose of this Act, there are to be
employed under Part 3 of the Public Sector
5 Management and Employment Act 1998--
(a) a juries commissioner; and
(b) as many deputy juries commissioners as are
required to assist the juries commissioner.
59. Certain office holders to be deputies
10 A person holding a prescribed office in the public
service is by virtue of that office, a deputy juries
commissioner.
60. Power to administer oaths
The juries commissioner and each deputy juries
15 commissioner is a person duly authorised to
administer oaths under Division 2 of Part IV of
the Evidence Act 1958 and, subject to that
Division, may administer any oaths that appear to
that person to be proper for the purposes of this
20 Act.
61. Powers of deputies
Anything done by a deputy juries commissioner is
as valid and effective as if it had been done by the
juries commissioner.
25 62. Directions
The juries commissioner may give directions to all
or any deputy juries commissioners as to any
matter concerning the administration of this Act.
_______________
30
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PART 10--OFFENCES AND ENFORCEMENT
Division 1--Offences
63. Secrecy
(1) Every person who is or has been--
5 (a) the Juries Commissioner; or
(b) a member of the staff of the Juries
Commissioner; or
(c) a person acting under the authority of the
Juries Commissioner for the purposes of this
10 Act; or
(d) the Chief Commissioner of Police, any other
member of the police force or any other
person performing a function under
section 26(2); or
15 (e) the Director of Public Prosecutions or a
member of staff of the Office of Public
Prosecutions or a legal practitioner
prosecuting on behalf of the Crown; or
(f) any other person performing a function or
20 exercising a power under this Act; or
(g) any person, other than a person referred to in
sub-section (4), gaining access to
information enabling the identification of
persons on any jury roll, list, pool, panel or
25 jury under this Act--
is bound by this section.
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(2) A person bound by this section must not, either
directly or indirectly, make a record of, or disclose
or communicate to any person any information
enabling the identification of persons on any jury
5 roll, list, pool, panel or jury under this Act
except--
(a) as provided by or under this Act; or
(b) in connection with the performance of
functions or exercise of powers under this
10 Act.
Penalty: 120 penalty units or imprisonment for
12 months.
(3) Nothing in sub-section (2) prevents a person who
is or has been a juror from producing a document
15 or divulging information that enables the
identification of persons on any jury roll, list,
pool, panel or jury under this Act to--
(a) a judge or court; or
(b) a board or commission appointed by the
20 Governor in Council; or
(c) the Attorney-General; or
(d) the Director of Public Prosecutions for
Victoria or the Director of Public
Prosecutions for the Commonwealth; or
25 (e) a member of the police force in connection
with the investigation of an offence at the
request of the Director of Public
Prosecutions for Victoria or the Director of
Public Prosecutions for the Commonwealth.
30 (4) Nothing in sub-section (2) prevents a person who
has been a juror from disclosing information
enabling the identification of persons on any jury
roll, list, pool, panel or jury under this Act to a
registered medical practitioner or a registered
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psychologist in the course of treatment in relation
to issues arising out of the person's service as a
juror.
(5) A registered medical practitioner or a registered
5 psychologist to whom information referred to in
sub-section (4) has been disclosed must not
disclose or communicate that information to any
other person.
Penalty: 120 penalty units or imprisonment for
10 12 months.
(6) In this section, "produce" includes permit access
to.
64. Offences by officials
A person exercising any duty or performing any
15 function under this Act who, without lawful
excuse--
(a) causes an alteration, omission, insertion or
misdescription in a record made or kept
under this Act; or
20 (b) falsely certifies to the correctness of a record
made or kept under this Act; or
(c) fails to do, or obstructs or interferes with the
doing of, anything required by or under this
Act to be done; or
25 (d) excuses a person from jury service; or
(e) includes in a jury list, pool or panel the name
of a person who is not liable for jury service;
or
(f) directly or indirectly receives any payment
30 or reward for excusing or pretending to
excuse a person from jury service; or
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(g) obstructs or interferes with the proper
administration of this Act--
is guilty of an indictable offence punishable by a
fine not exceeding 600 penalty units or
5 imprisonment for a term not exceeding 5 years.
65. Questionnaire
A person must not, without reasonable excuse, fail
to complete and return a questionnaire as required
by section 20(2).
10 Penalty: 10 penalty units.
66. Obligation to answer questions or produce document
(1) A person to whom a question is lawfully put under
this Act by the court or the Juries Commissioner
must not, without reasonable excuse, fail to
15 answer the question.
Penalty: 30 penalty units or imprisonment for
3 months.
(2) The person to whom a question is put must answer
the question truthfully.
20 Penalty: 30 penalty units or imprisonment for
3 months.
(3) The court or the Juries Commissioner may ask a
person to produce a document in order to
determine whether the person is qualified for jury
25 service.
(4) The person must not, without reasonable excuse,
fail to comply with a request under sub-section
(3).
Penalty: 30 penalty units or imprisonment for
30 3 months.
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Act No.
67. Failure to inform Juries Commissioner of
disqualification or ineligibility
A person summoned to attend at a court who
knows that he or she is disqualified from jury
5 service or is ineligible for jury service must, as
soon as practicable, inform the Juries
Commissioner of that fact and the reason for the
disqualification or ineligibility.
Penalty: 30 penalty units.
10 68. Supply of false or misleading information
A person must not cause or permit any
representation, whether by act or omission, the
person knows to be false or misleading in a
material respect to be made to the Juries
15 Commissioner on the person's behalf or on behalf
of another person, for the purpose of evading jury
service.
Penalty: In the case of a body corporate,
150 penalty units;
20 In any other case, 30 penalty units.
69. Failing to attend for jury service
(1) A person who is summoned for jury service must
not, without reasonable excuse, fail to comply
with the summons.
25 Penalty: 30 penalty units or imprisonment for
3 months.
(2) A person who has been empanelled on a jury must
not, without reasonable excuse, fail to attend as a
juror until discharged by the court.
30 Penalty: 60 penalty units or imprisonment for
6 months.
70. Failure to attend as supplementary juror
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A person who is instructed under section 39 to
attend for jury service must not, without
reasonable excuse, fail to comply with the
instruction.
5 Penalty: 30 penalty units or imprisonment for
3 months.
71. Refusal to be sworn or to make affirmation
A person selected to serve on a jury must not
refuse to be sworn or to make an affirmation.
10 Penalty: 30 penalty units or imprisonment for
3 months.
72. Impersonation of person for the purpose of jury
service
A person must not impersonate or attempt to
15 impersonate another person for the purpose of jury
service as that other person.
Penalty: 120 penalty units or imprisonment for
12 months.
73. Extra payment for jury service
20 A person must not receive any payment from--
(a) a party to a proceeding; or
(b) any other person--
for their attendance for jury service, except as
provided by or under this Act.
25 Penalty: 120 penalty units or imprisonment for
12 months.
74. Employment not to be terminated or prejudiced
because of jury service
(1) An employer must not--
30 (a) terminate the employment of an employee;
or
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s. 74
75
Act No.
(b) prejudice the position of the employee--
because the employee is, was or will be absent
from employment on jury service.
Penalty: In the case of a body corporate,
5 600 penalty units;
In any other case, 120 penalty units or
imprisonment for 12 months.
(2) In proceedings for an offence against sub-section
(1), if all the facts constituting the offence other
10 than the reason for the defendant's action are
proved, the onus of proving that the termination or
prejudice was not actuated by the reason alleged
in the charge lies on the defendant.
(3) If an employer is found guilty of an offence
15 against sub-section (1), the court may order--
(a) the employer to pay the employee a specified
sum by way of reimbursement for the salary
or wages lost by the employee; and
(b) that the employee be reinstated in his or her
20 former position or a similar position.
(4) An order under sub-section (3)(a) must be taken to
be a judgment debt due by the employer to the
employee and may be enforced in the court by
which it was made.
25 (5) An employer must give effect to an order under
sub-section (3)(b).
(6) 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 give effect
30 to an order under sub-section (3)(b) is recoverable
as a debt due to the employee by the employer in
any court of competent jurisdiction.
75. Restriction on publishing or broadcasting names etc.
of jurors
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Act No.
(1) A person who publishes or disseminates by any
means, or causes to be published or disseminated,
any information or image which identifies or is
capable of identifying a person attending for jury
5 service is guilty of an indictable offence
punishable by--
(a) in the case of a body corporate, a fine not
exceeding 3000 penalty units;
(b) in any other case, a fine not exceeding
10 600 penalty units or imprisonment for a term
not exceeding 5 years.
(2) A person who--
(a) holds a licence under the Broadcasting
Services Act 1992 of the Commonwealth or
15 a licence preserved under the Broadcasting
Services (Transitional Provisions and
Consequential Amendments) Act 1992 of the
Commonwealth for a broadcasting service
which has broadcast or transmitted a
20 program; or
(b) broadcasts or transmits a program--
containing any information or image of a juror
empanelled in a trial is guilty of an indictable
offence punishable by--
25 (c) in the case of a body corporate, a fine not
exceeding 3000 penalty units;
(d) in any other case, by a fine not exceeding
600 penalty units or imprisonment for a term
not exceeding 5 years.
30
(3) This section does not apply to the publication,
dissemination, broadcasting or transmission of
information in respect of a proceeding under this
section.
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Juries Act 1999
s. 76
Act No.
76. Confidentiality of jury's deliberations
(1) A person who--
(a) publishes to the public any statements made,
opinions expressed, arguments advanced or
5 votes cast in the course of the deliberations
of a jury; or
(b) solicits or obtains the disclosure by a person
who is or has been a juror of statements
made, opinions expressed, arguments
10 advanced or votes cast in the course of the
deliberations of that jury--
is guilty of an indictable offence punishable by--
(c) in the case of a body corporate, a fine not
exceeding 3000 penalty units;
15 (d) in any other case, by a fine not exceeding
600 penalty units or imprisonment for a term
not exceeding 5 years.
(2) A person who is or has been a juror and discloses
any statements made, opinions expressed,
20 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 is
guilty of an indictable offence punishable by a
25 fine not exceeding 600 penalty units or
imprisonment for a term not exceeding 5 years.
(3) 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
30 or of a person authorised by the Director of Public
Prosecutions for Victoria to give consent for the
purposes of this sub-section.
(4) Nothing in this section prevents the publication or
disclosure by a person of any information about
35 the deliberations of a jury if that publication or
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s. 76
Act No.
disclosure is not capable of identifying a juror or
the relevant legal proceeding.
(5) Nothing in this section prevents--
(a) a person who is or has been a juror
5 disclosing to--
(i) a judge or court; or
(ii) a board or commission appointed by the
Governor in Council; or
(iii) the Attorney-General; or
10 (iv) the Director of Public Prosecutions for
Victoria--
any information about the deliberations of a
jury; or
(b) the investigation by a member of the police
15 force at the request of the Director of Public
Prosecutions for Victoria 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
20 a member of a jury to the police in the course
of the investigation; or
(c) a person who is or has been a juror
disclosing any information about the
deliberations of a jury to a person authorised
25 by a court to investigate an allegation about
the deliberations of a jury in relation to an
appeal.
(6) Nothing in sub-section (1)(b) or (2) prevents a
person who has been a juror from disclosing any
30 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
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Juries Act 1999
s. 77
Act No.
course of treatment in relation to issues arising out
of the person's service as a juror.
(7) A registered medical practitioner or registered
psychologist who discloses information referred
5 to in sub-section (6) to any other person is guilty
of an indictable offence punishable by a fine not
exceeding 600 penalty units or imprisonment for a
term not exceeding 5 years.
(8) This section does not apply to the disclosure of
10 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
15 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.
20 (10) In this section--
"deliberations" includes any discussions
between two or more jurors at any time
during a trial of matters relevant to that trial.
77. Offence by body corporate
25 (1) If, in proceedings for an offence against this Act,
it is necessary to establish the intention or
knowledge of a body corporate, it is sufficient to
show that an employee or agent of the body
corporate had that intention or knowledge.
30 (2) If an offence against this Act committed by a body
corporate is proved to have been committed with
the consent or connivance of a person who is a
director, manager, secretary or other officer of the
body corporate, that person is deemed to have
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Juries Act 1999
s. 78
Act No.
committed the offence also and is liable to be
proceeded against and punished accordingly.
78. Court to advise Juries Commissioner
If the Magistrates' Court finds a person guilty of
5 an offence against section 67 or 68, it must notify
the Juries Commissioner of that fact within 14
days of the finding of guilt.
Division 2--Summary Enforcement by Court
79. Making false statements
10 The court may in a summary way impose a fine
not exceeding 30 penalty units (or, in the case of a
body corporate, not exceeding 150 penalty units)
on a person who causes or permits any
representation, whether by act or omission, the
15 person knows to be false or misleading in a
material respect to be made to the Juries
Commissioner or the court on the person's behalf
or on behalf of another person, for the purpose of
evading jury service.
20 80. Failing to attend, be sworn or give evidence and
giving false answers
(1) The court may in a summary way impose a fine
not exceeding 30 penalty units, or imprisonment
for a term not exceeding 3 months on a person
25 who--
(a) without reasonable excuse, fails to comply
with a summons for jury service; or
(b) without reasonable excuse, fails to comply
with an instruction under section 39 to attend
30 for jury service; or
(c) without reasonable excuse--
(i) fails to answer a question lawfully put
to them under this Act by the court; or
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s. 81
82
Act No.
(ii) fails to produce a document on request
by the court in order to determine
whether the person is qualified for jury
service; or
5 (d) does not answer truthfully a question
lawfully put to them under this Act by the
court; or
(e) having been selected to serve on a jury,
refuses to be sworn or to make an
10 affirmation.
(2) The court may in a summary way impose a fine
not exceeding 60 penalty units, or imprisonment
for a term not exceeding 6 months on a person
who, having been empanelled on a jury, fails
15 without reasonable excuse to attend as a juror
until discharged by the court.
81. Impersonation of jurors and extra payment for jury
service
The court may in a summary way impose a fine
20 not exceeding 120 penalty units, or imprisonment
for a term not exceeding 12 months, on a person
who--
(a) impersonates or attempts to impersonate
another person for the purpose of jury
25 service as that other person; or
(b) receives any payment from--
(i) a party to a proceeding; or
(ii) any other person--
30 for their attendance for jury service, except
as provided for by or under this Act.
82. Employers
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s. 85
Act No.
(1) The court may in a summary way impose a fine
not exceeding 120 penalty units, or imprisonment
for a term not exceeding 12 months, (or, in the
case of a body corporate, a fine not exceeding 600
5 penalty units) on an employer who--
(a) terminates the employment of an employee;
or
(b) prejudices the position of the employee--
because the employee is, was or will be absent
10 from employment on jury service.
(2) If the court imposes a fine or imprisonment under
sub-section (1), sub-sections (3) to (6) of section
74 apply as if the employer had been found guilty
of an offence against section 74(1).
15 Division 3--General
83. Contempt of court
Nothing in this Part affects the power of a court to
deal with a contempt of court summarily of its
own motion.
20 84. Enforcement of fines
If a court fines a person under Division 2 or for
contempt of the court, the fine is enforceable
under the Sentencing Act 1991 as if the person
had been found guilty of an offence.
25 85. Double jeopardy
If an act or omission constitutes any two or more
of the following--
(a) an offence against this Act;
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Act No.
(b) conduct that the court may deal with
summarily under Division 2;
(c) a contempt of the court--
the offender is not liable to be punished more than
5 once for that act or omission.
_______________
52
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Juries Act 1999
s. 86
Act No.
PART 11--GENERAL
86. Proof of service
(1) The production of a certificate signed by the
Juries Commissioner that a questionnaire or a
5 summons has been posted or otherwise dispatched
to a person is proof, in the absence of evidence to
the contrary, that the questionnaire or summons,
as the case may be, has been delivered at the
address of the person named in the questionnaire
10 or summons.
(2) If a questionnaire or summons is served by post,
the certificate referred to in sub-section (1) or
other evidence of service must identify the
questionnaire or summons served and state the
15 date and place of posting.
87. Rules of Court
(1) The judges of the Supreme Court may make rules
not inconsistent with this Act for or with respect
to any matter or thing which may be necessary for
20 the purpose of giving effect to this Act.
(2) The judges of the County Court may make rules
not inconsistent with this Act for or with respect
to any matter or thing which may be necessary for
the purpose of giving effect to this Act.
25 88. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing forms;
(b) prescribing fees;
30 (c) prescribing administrative expenses in
respect of refunds of fees for juries in civil
trials;
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s. 88
Act No.
(d) pools of jurors;
(e) jury lists;
(f) prescribing remuneration and allowances to
be paid to persons performing jury service;
5 (g) prescribing offices in the public service the
holders of which are deputy juries
commissioners;
(h) generally prescribing any other matter or
thing required or permitted by this Act to be
10 prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
15 place or circumstances.
_______________
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Juries Act 1999
s. 89
Act No.
PART 12--AMENDMENT OF THE JURIES ACT 1967
89. Information to be supplied to DPP
In section 21 of the Juries Act 1967, after sub-
section (3) insert--
5 "(4) The sheriff may amend a panel on the basis
of information provided by the Chief
Commissioner of Police under sub-
section (3).
(5) The Chief Commissioner of Police must
10 cause enquiries to be made as to whether any
person named on the panel forwarded to the
Chief Commissioner under sub-section (3)
has been found guilty of any offence and
report the result of those enquiries to the
15 Director of Public Prosecutions for Victoria
or the Director of Public Prosecutions for the
Commonwealth, as the case requires.
(6) The Director of Public Prosecutions for
Victoria or the Director of Public
20 Prosecutions for the Commonwealth, as the
case may be, may use any information
provided under sub-section (5) for the
purpose of exercising the Crown's right to
challenge jurors.
25 (7) Subject to sub-section (8), anything done by
the Chief Commissioner of Police, the
Director of Public Prosecutions for Victoria
or the Director of Public Prosecutions for the
Commonwealth before the commencement
30 of Part 12 of the Juries Act 1999 that would
have been lawfully done had Part 12 been in
operation at the time at which the thing was
done is, and is deemed always to have been
lawful, and has the same force and effect as
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s. 89
Act No.
if that Part had been in operation at the time
at which the thing was done.
(8) This section does not affect the rights of the
parties in the proceeding known as Katsuno
5 v. R (No. M88 of 1998) in the High Court of
Australia.".
_______________
56
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Juries Act 1999
s. 90
Act No.
PART 13--CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS
90. Repeal of Juries Act 1967
The Juries Act 1967 is repealed.
5 91. County Court Act 1958
In section 69 of the County Court Act 1958 omit
"special".
92. Crimes Act 1958
The Crimes Act 1958 is amended as follows--
10 (a) in section 2A(1) after the definition of
"incite" insert--
' "Juries Commissioner" has the same
meaning as in the Juries Act 1999;';
(b) in section 354--
15 (i) for "sheriff" (wherever occurring)
substitute "Juries Commissioner";
(ii) for "jury book" substitute "jury roll";
(iii) for "name place of abode and addition"
substitute "name, occupation and date
20 of birth";
(c) in section 437, for "sheriff" substitute
"Juries Commissioner".
93. Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
25 (1) In section 11 of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, for sub-
section (2) substitute--
"(2) The Juries Act 1999, except section 36,
applies to an investigation.".
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s. 94
Act No.
(2) In section 16 of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, for sub-
section (1) substitute--
"(1) A special hearing is to be conducted as
5 nearly as possible as if it were a criminal
trial and, for that purpose, the Juries Act
1999 applies, subject to this section.".
94. Crimes (Criminal Trials) Act 1999
In section 23 of the Crimes (Criminal Trials)
10 Act 1999, for "sheriff within the meaning of the
Juries Act 1967" substitute "Juries
Commissioner within the meaning of the Juries
Act 1999".
95. Transport Accident Act 1986
15 In the Transport Accident Act 1986--
(a) in section 37(1), for paragraph (c)
substitute--
"(c) Part 8 of the Juries Act 1999; or";
(b) in section 137(1), for paragraph (e)
20 substitute--
"(e) Part 8 of the Juries Act 1999;".
96. Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, after clause 62 insert--
25 "63. Juries Act 1999
Offences under sections 64, 75(1), 75(2),
76(1), 76(2) and 76(7) of the Juries Act
1999.".
97. Transitional provisions
30 (1) This Act applies to a trial in which a jury is
empanelled after the commencement of section
90, irrespective of when the offence to which the
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Juries Act 1999
s. 97
Act No.
trial relates is alleged to have been committed or
when the cause of action arose.
(2) The Juries Act 1967 as in force immediately
before the commencement of section 90 of this
5 Act continues to apply to a trial in which a jury
was empanelled before that commencement.
(3) Section 47(4) of the Juries Act 1967 continues to
apply to--
(a) a retrial; or
10 (b) a new trial following the discharge of a
jury--
of a person accused of murder or treason where
the jury in the first trial of the person for that
offence was empanelled before that
15 commencement.
(4) The last jury list prepared for a jury district under
section 8 of the Juries Act 1967 immediately
before the commencement of section 19 of this
Act is, on that commencement, deemed to be the
20 first jury roll prepared for the corresponding jury
district under section 19 of this Act.
(5) A questionnaire issued under section 10 of the
Juries Act 1967 is, on the commencement of
section 20 of this Act, deemed to be a
25 questionnaire issued under section 20 of this Act.
(6) A panel prepared under section 20 of the Juries
Act 1967 is, on the commencement of section 25
of this Act, deemed to be a jury list prepared
under section 25 of this Act.
30 (7) A summons to serve as a juror issued under
section 23 of the Juries Act 1967 returnable on a
date after the commencement of section 27 of this
Act is, on that commencement, deemed to be a
summons issued under section 27 of this Act.
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s. 97
Act No.
(8) Schedule 1 applies to persons summoned for jury
service, whether the summons was issued before
or after the commencement of section 90.
(9) Schedule 2 applies to persons summoned for jury
5 service, whether the summons was issued before
or after the commencement of section 90.
(10) A certificate of exemption issued under the Juries
Act 1967 continues to have the same effect as it
would have had if that Act had not been repealed.
10 (11) A deferral of or excuse from service as a juror
under the Juries Act 1967 continues to have the
same effect as it would have had if that Act had
not been repealed.
(12) A person referred to in Schedule 4 of the Juries
15 Act 1967 is not entitled to be excused from jury
service as of right under this Act.
(13) A person who would, but for the repeal of the
Juries Act 1967, be subject to section 21(2) of
that Act is, on the commencement of section 90 of
20 this Act, a person bound by section 63 of this Act
in respect of the performance of functions or
exercise of powers by that person under that Act.
(14) The Director of Public Prosecutions for Victoria
or the Director of Public Prosecutions for the
25 Commonwealth, as the case may be, may use any
information provided under section 21(5) of the
Juries Act 1967 for the purpose of exercising the
Crown's right to challenge jurors under this Act.
(15) The repeal of Part VII of the Juries Act 1967
30 does not affect any claim for compensation made
or to be made in respect of a personal injury
caused to a person attending for jury service
before that repeal and that claim is to be dealt with
in accordance with Part VII of the Juries Act
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Juries Act 1999
s. 97
Act No.
1967 as in force immediately before that repeal as
if that Part had not been repealed.
(16) The repeal of section 70 of the Juries Act 1967
does not affect the continued existence of the
5 common law offence of embracery.
__________________
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Juries Act 1999
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
Section 5(2)
PERSONS DISQUALIFIED FROM SERVING AS JURORS
5 1. A person who has been convicted of treason or one or more indictable
offences and sentenced to imprisonment for a term or terms in the
aggregate of not less than 6 months but any conviction for an offence in
respect of which a free pardon has been granted must be disregarded.
2. A person who within the last 10 years--
10 (a) has been imprisoned; or
(b) has served a sentence of imprisonment by way of intensive
correction in the community; or
(c) has served a sentence of detention in a youth training centre; or
(d) has been sentenced to a suspended sentence of imprisonment; or
15 (e) has been convicted of an indictable offence--
but any conviction of or sentence for an offence in respect of which a
free pardon has been granted must be disregarded.
3. A person who within the last 5 years--
(a) has been sentenced by a court for an offence; or
20 (b) has been released on the giving of an undertaking under section 72
or 75 of the Sentencing Act 1991.
4. A person who has been found guilty of an offence and whose
sentencing is deferred under section 83A of the Sentencing Act 1991.
5. A person who is released on bail.
25 6. A person who is remanded in custody in respect of an alleged offence.
7. A person who is subject to an intervention order under the Crimes
(Family Violence) Act 1987.
8. A person who has been declared bankrupt and has not obtained a
discharge.
30 _______________
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Juries Act 1999
Sch. 2
Act No.
SCHEDULE 2
Section 5(3)
PERSONS INELIGIBLE TO SERVE AS JURORS
1. A person who is or, within the last 10 years, has been--
5 (a) the Governor or the Official Secretary to the Governor;
(b) a judge, a magistrate or the holder of any other judicial office;
(c) a bail justice;
(d) admitted to legal practice in Victoria;
(e) a person whose duties or activities, whether paid or voluntary, are
10 connected with the investigation of offences, the administration of
justice or the punishment of offenders;
(f) a member of the police force;
(g) the Secretary of the Department of Justice or the Department of
Human Services;
15 (h) a member of the Legislative Assembly or of the Legislative
Council;
(i) the Auditor-General;
(j) the Ombudsman, the Acting Ombudsman, the Deputy
Ombudsman or the Acting Deputy Ombudsman;
20 (k) an employee of the Ombudsman;
(l) a person employed as a Government shorthand writer or court
reporter or in connection with any court recording service.
2. A person who is--
(a) the Electoral Commissioner;
25 (b) the Legal Ombudsman, or an acting Legal Ombudsman;
(c) employed by a person admitted to legal practice in Victoria in
connection with the practice of the law.
3. A person who--
(a) has a physical disability that renders the person incapable of
30 performing the duties of jury service;
(b) is a patient within the meaning of the Mental Health Act 1986;
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Juries Act 1999
Sch. 2
Act No.
(c) has an intellectual disability within the meaning of the
Intellectually Disabled Persons' Services Act 1986;
(d) is a represented person within the meaning of the Guardianship
and Administration Act 1986;
5 (e) is subject to a supervision order under the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997;
(f) is unable to read or speak the English language adequately.
_______________
64
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Juries Act 1999
Sch. 3
Act No.
SCHEDULE 3
Section 40
SWEARING OF JURORS ON EMPANELMENT
Criminal Trial
5 You and each of you swear by Almighty God that you will faithfully and
impartially try the issues between the Crown and [name of accused] in
relation to all charges brought against [name of accused] in this trial and give
a true verdict according to the evidence.
Civil trial
10 You and each of you swear by Almighty God that you will faithfully and
impartially try the issues and assess the damages in the cause brought before
you for trial or inquiry and give a true verdict according to the evidence.
_______________
65
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Juries Act 1999
Sch. 4
Act No.
SCHEDULE 4
Section 47
SWEARING OF JURY KEEPERS
You *[and each of you] swear by Almighty God that you will well and truly
5 keep this jury and each of its members committed to your charge and that,
except on the order of the court, while they are in your charge, you will not
allow any of them to communicate with any other person, or any other
person with any of them, whether directly or indirectly, and that you will not,
either during the trial or after it has finished, communicate with any juror
10 about any evidence given or issues raised, directly or indirectly, at the trial.
* Delete if inapplicable
_______________
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Juries Act 1999
Sch. 5
Act No.
SCHEDULE 5
Section 48(2)
SWEARING OF JURORS SEPARATING DURING
DELIBERATIONS
5 You *[and each of you] swear by Almighty God that you will not discuss
with any person other than another member of this jury any matter relating
directly or indirectly to the evidence in this trial or the deliberations.
* Delete if inapplicable
10
67
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Juries Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
68
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Juries Act 1999
Act No.
69
532173B.I1-14/5/99
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