Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
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. Deferral of jury service 5
8. Juries Commissioner may excuse for good reason 6
9. Juries Commissioner may permanently excuse person 7
10. Appeal against decision of Juries Commissioner 8
11. Court may excuse person from jury service 9
12. Court may determine that a person not perform jury service 9
13. Persons may be exempted from jury service in certain
circumstances 10
14. Juries Commissioner to be notified if court exempts or excuses
from, or orders person not to perform, jury service 10
15. Person may waive exemption or excuse 11
16. Court may enlarge jury list, pool or panel 11
17. Reduction of jury list or pool 11
PART 3--JURY DISTRICTS AND JURY ROLLS 12
18. Jury districts 12
19. Preparation of jury rolls by Electoral Commissioner 12
PART 4--PRE-SELECTION OF PERSONS FOR JURY SERVICE 14
20. Questionnaire 14
21. Juries Commissioner to determine liability for jury service 14
i
541010B.I1-20/12/99
Clause Page
PART 5--SUMMONING OF JURORS 15
22. Civil and criminal juries 15
23. Empanelment of additional jurors 15
24. Fees for civil juries 15
25. Preparation of jury list 16
26. Chief Commissioner of Police to make enquiries 17
27. Summons 18
28. Attendance for jury service 19
PART 6--JURY TRIALS 20
29. Jury pool 20
30. Selection of panels 20
31. Calling of panel 21
32. Information for panel 21
33. Procedure for selecting jury in civil trials 22
34. Challenges for cause in civil trials 23
35. Peremptory challenges in civil trials 23
36. Procedure for selecting jury in criminal trials 23
37. Challenges for cause in criminal trials 24
38. Crown right to stand aside jurors in criminal trials 24
39. Peremptory challenges in criminal trials 25
40. Determination of challenges for cause 25
41. Supplementary jurors 26
42. Swearing of jury 26
43. Judge may discharge juror 26
44. Continuation of trial with reduced jury 26
45. Court may order view in civil trials 27
46. Failure to reach unanimous verdict in criminal trials 27
47. Failure to reach unanimous verdict in civil trials 29
48. Ballot where additional jurors on jury 29
49. Oath for jurykeeper 30
50. Court may allow jury to separate after retiring to consider verdict 30
PART 7--REMUNERATION AND ALLOWANCES FOR JURY
SERVICE 32
51. Remuneration and allowances for jury service 32
52. Employer to make up pay 33
53. Employee must notify employer of date etc. of jury service 33
PART 8--COMPENSATION OF JURORS 35
54. Definition 35
55. Compensation for injury during jury service 35
56. Compensation otherwise payable 38
57. Jurisdiction 38
ii
541010B.I1-20/12/99
Clause Page
58. Authority to represent Crown 39
59. Payments 39
PART 9--JURIES COMMISSIONER 40
60. Juries Commissioner 40
61. Certain employees to be deputies 40
62. Power to administer oaths 40
63. Functions and powers of deputies 40
64. Directions 40
PART 10--OFFENCES AND ENFORCEMENT 41
Division 1--Offences 41
65. Secrecy 41
66. Offences by officials 43
67. Questionnaire 43
68. Obligation to answer questions or produce document 44
69. Failure to inform Juries Commissioner of disqualification or
ineligibility 44
70. Supply of false or misleading information 44
71. Failing to attend for jury service 45
72. Failure to attend as supplementary juror 45
73. Refusal to be sworn or to make affirmation 46
74. Impersonation of person for the purpose of jury service 46
75. Extra payment for jury service 46
76. Employment not to be terminated or prejudiced because of jury
service 46
77. Restriction on publishing names of jurors etc. 48
78. Confidentiality of jury's deliberations 49
79. Offence by body corporate 52
Division 2--Summary Enforcement by Court 52
80. Supply of false or misleading information 52
81. Failing to attend, be sworn or give evidence and giving false
answers 52
82. Impersonation of jurors and extra payment for jury service 54
83. Employers 54
Division 3--General 55
84. Contempt of court 55
85. Enforcement of fines 55
86. Double jeopardy 55
PART 11--GENERAL 56
87. Proof of service 56
iii
541010B.I1-20/12/99
Clause Page
88. Rules of Court 56
89. Common law offence of embracery not affected 56
90. Regulations 56
PART 12--AMENDMENT OF THE JURIES ACT 1967 58
91. Information supplied to DPP 58
PART 13--CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS 59
92. Repeal of Juries Act 1967 59
93. County Court Act 1958 59
94. Crimes Act 1958 59
95. Crimes (Mental Impairment and Unfitness to be Tried) Act
1997 60
96. Crimes (Criminal Trials) Act 1999 60
97. Magistrates' Court Act 1989 60
63. Juries Act 1999 60
98. Transport Accident Act 1986 61
99. Saving and transitional provisions 61
__________________
SCHEDULES 62
SCHEDULE 1--Persons disqualified from serving as jurors 62
SCHEDULE 2--Persons ineligible to serve as jurors 64
SCHEDULE 3--Swearing of jurors on empanelment 66
SCHEDULE 4--Swearing of jurykeepers 67
SCHEDULE 5--Swearing of jurors separating during deliberations 68
SCHEDULE 6--Saving and transitional provisions 69
NOTES 71
iv
541010B.I1-20/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 December 1999
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 that--
(a) equitably spreads the obligation of jury
service amongst the community; and
(b) makes juries more representative of the
community; and
1
541010B.I1-20/12/99
Juries Act 1999
s. 2
Act No.
(c) permits the timely adoption of new
technologies for the selection of persons for
jury service.
2. Commencement
5 (1) Section 1 and this section and Part 12 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2001, it
comes into operation on that day.
3. Definitions
15 (1) In this Act--
"circuit town" means a place, other than
Melbourne, at which sittings of the Supreme
Court or County Court are held;
"civil trial" means trial of an issue or assessment
20 of damages before a court sitting in the
exercise of a jurisdiction other than a
criminal jurisdiction;
"court" means the Supreme Court or County
Court;
25 "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
30 hearing under the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997;
"Deputy Juries Commissioner" means a Deputy
Juries Commissioner employed under
2
541010B.I1-20/12/99
Juries Act 1999
s. 3
Act No.
section 60(b) or a person referred to in
section 61;
"Electoral Commissioner" means the person
appointed under section 144 of The
5 Constitution Act Amendment Act 1958;
"Juries Commissioner" means the Juries
Commissioner employed under
section 60(a);
"jury list" means a list prepared under section
10 25;
"jury roll" means the roll prepared under
section 19 for a jury district;
"jury service period" means the period for
which the jury roll is prepared;
15 "panel" means a group of persons attending for
jury service that is selected or allocated in
accordance with section 30 and from which a
jury may be struck;
"pool" means a group of persons attending for
20 jury service that is constituted in accordance
with section 29 and from which a panel may
be constituted;
"pool supervisor" means the Juries
Commissioner, a Deputy Juries
25 Commissioner or a person appointed under
sub-section (2);
"proper officer" means the person authorised by
a trial judge under section 30(4);
"prothonotary" means the prothonotary of the
30 Supreme Court;
"publish" includes disseminate, broadcast and
transmit;
3
541010B.I1-20/12/99
Juries Act 1999
s. 4
Act No.
"questionnaire" means the questionnaire referred
to in section 20;
"registered medical practitioner" means--
(a) a registered medical practitioner within
5 the meaning of the Medical Practice
Act 1994; or
(b) a person registered as a medical
practitioner under a corresponding
enactment of another State or a
10 Territory of the Commonwealth;
"registered psychologist" means a registered
psychologist within the meaning of the
Psychologists Registration Act 1987;
"trial" means civil trial or criminal trial;
15 "view" includes inspection.
(2) At any time, the Juries Commissioner may
appoint a person to be in charge of, or assist with,
a pool.
4. Selection to be random
20 If this Act requires that one or more persons be
selected, the selection must be random.
_______________
4
541010B.I1-20/12/99
Juries Act 1999
s. 5
Act No.
PART 2--LIABILITY FOR JURY SERVICE
5. Persons qualified and liable for jury service
(1) Subject to this Act, 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.
6. Reasons for impeaching a verdict
The fact that a person is disqualified from or is
ineligible for jury service is not a ground for
impeaching a verdict unless that fact is submitted
15 before the person is sworn as a juror.
7. Deferral of jury service
(1) A person, or another person on their behalf,
may--
(a) after receipt of a questionnaire; or
20 (b) at any time prior to becoming a member of a
panel--
apply to the Juries Commissioner for deferral of
jury service to another period within the next
12 months.
25 (2) On an application under sub-section (1), the Juries
Commissioner may defer a person's jury service to
a date within the next 12 months.
(3) If the Juries Commissioner decides to refuse an
application for deferral, the Juries Commissioner
30 must notify the person in respect of whom the
application was made.
5
541010B.I1-20/12/99
Juries Act 1999
s. 8
Act No.
8. Juries Commissioner may excuse for good reason
(1) A person, or another person on their behalf, may,
at any time before the person becomes a member
5 of a panel, apply to the Juries Commissioner for
the person to be excused from jury service for the
whole or any part of the jury service period.
(2) On an application under sub-section (1), the Juries
Commissioner may excuse a person from jury
10 service for the whole or any part of the jury
service period if satisfied that there is good reason
for doing so.
(3) For the purposes of sub-section (2), good reason
includes any of the following--
15 (a) illness or poor health;
(b) incapacity;
(c) the distance to travel to the place at which
the person would be required to attend for
jury service is--
20 (i) if the place is in Melbourne, over
50 kilometres; or
(ii) if the place is outside Melbourne, over
60 kilometres;
(d) travel to the place at which the person would
25 be required to attend for jury service would
take excessive time or cause excessive
inconvenience;
(e) substantial hardship to the person would
result from the person attending for jury
30 service;
(f) substantial financial hardship would result
from the person attending for jury service;
6
541010B.I1-20/12/99
Juries Act 1999
s. 9
Act No.
(g) substantial inconvenience to the public
would result from the person attending for
jury service;
(h) the person has the care of dependants and
5 alternative care during the person's
attendance for jury service is not reasonably
available for those dependants;
(i) the advanced age of the person;
(j) the person is a practising member of a
10 religious society or order the beliefs or
principles of which are incompatible with
jury service;
(k) any other matter of special urgency or
importance.
15 (4) In order to excuse a person under this section, the
Juries Commissioner must be satisfied--
(a) by evidence on oath, whether oral or by
affidavit; or
(b) by statutory declaration; or
20 (c) if the Juries Commissioner considers it
appropriate, by any other means.
(5) If the Juries Commissioner decides to refuse an
application to be excused from jury service, the
Juries Commissioner must notify the person in
25 respect of whom the application was made.
9. Juries Commissioner may permanently excuse person
(1) A person, or another person on their behalf, may
apply to the Juries Commissioner for the person to
be permanently excused from jury service.
30 (2) An application may be made under this section at
any time, whether or not the person in respect of
whom it is made has been summoned for jury
service.
7
541010B.I1-20/12/99
Juries Act 1999
s. 10
Act No.
(3) On an application under sub-section (1), the Juries
Commissioner may permanently excuse a person
from jury service if satisfied that there is good
reason for doing so.
5 (4) For the purposes of sub-section (3), good reason
includes, but is not limited to--
(a) continuing poor health;
(b) disability;
(c) advanced age.
10 (5) In order to excuse a person under this section, the
Juries Commissioner must be satisfied--
(a) by evidence on oath, whether oral or by
affidavit; or
(b) by statutory declaration; or
15 (c) if the Juries Commissioner considers it
appropriate, by any other means.
(6) If the Juries Commissioner decides to refuse an
application to be permanently excused from jury
service, the Juries Commissioner must notify the
20 person in respect of whom the application was
made.
10. Appeal against decision of Juries Commissioner
(1) A person aggrieved by a decision of the Juries
Commissioner under section 7, 8 or 9 may appeal
25 against the decision within 14 days after
notification of the decision or before the date on
which the person is required to attend for jury
service (whichever is the sooner).
(2) An appeal must be lodged with the Juries
30 Commissioner and shall be determined, in
accordance with the rules, by the Supreme Court
or the County Court.
8
541010B.I1-20/12/99
Juries Act 1999
s. 11
Act No.
(3) The Supreme Court or County Court may extend
the time within which an appeal may be instituted.
11. Court may excuse person from jury service
(1) A court may, by order, excuse a person from jury
5 service--
(a) for the whole or a part of a jury service
period; or
(b) for a longer period specified by the court; or
(c) permanently.
10 (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
to the court--
15 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 8(3).
12. Court may determine that a person not perform jury
20 service
(1) If a court thinks it is just and reasonable to do so,
the court may, on its own motion, or on an
application under sub-section (2), order that a
person not perform jury service--
25 (a) for the whole or part of the jury service
period; or
(b) for a longer period specified by the court; or
(c) permanently.
9
541010B.I1-20/12/99
Juries Act 1999
s. 13
Act No.
(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
an order under sub-section (1).
5 13. Persons may be exempted from jury service in certain
circumstances
(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
10 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 determine
that the juror is, or jurors are, exempt from jury
15 service--
(a) if the trial has required the attendance of the
juror or jurors for a lengthy period; or
(b) for other good reason.
(3) An exemption under sub-section (2) is for the
20 period specified by the court.
14. Juries Commissioner to be notified if court exempts or
excuses from, or orders person not to perform, jury
service
If, under this Part, a court exempts or excuses a
25 person from jury service or orders that a person
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 the person is exempted, excused
30 or ordered not to perform jury service.
10
541010B.I1-20/12/99
Juries Act 1999
s. 15
Act No.
15. Person may waive exemption or excuse
A person who has been--
(a) exempted from jury service under section 13;
or
5 (b) excused from jury service under section 8
or 9--
may waive that exemption or excuse by written
notice to the Juries Commissioner.
16. Court may enlarge jury list, pool or panel
10 (1) A court may order that a jury list, pool or panel be
enlarged.
(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.
15 17. Reduction of jury list or pool
(1) If it appears to the Juries Commissioner, after the
issue of summonses under section 27 but before
the persons summoned attend for jury service,
that, for any one or more days of their attendance,
20 the number summoned is greater than the number
that will actually be required, the Juries
Commissioner may defer or cancel the jury
service of all or a selected number of those
persons.
25 (2) If it appears that the number of persons attending
for jury service at any sittings of a court exceeds
the number reasonably required, the Juries
Commissioner or the court may defer or cancel
the jury service of all or a selected number of
30 those persons.
_______________
11
541010B.I1-20/12/99
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
each 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
15 requires, 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 by Electoral Commissioner
(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
12
541010B.I1-20/12/99
Juries Act 1999
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.
(6) The Juries Commissioner may provide to the
Electoral Commissioner any information that the
20 Juries Commissioner thinks relevant for the
preparation of jury rolls.
_______________
13
541010B.I1-20/12/99
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 persons on a jury roll; or
(b) as many persons selected from a 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.
_______________
14
541010B.I1-20/12/99
Juries Act 1999
s. 22
Act No.
PART 5--SUMMONING OF JURORS
22. Civil and criminal juries
(1) If a civil trial is to be tried by a jury, the jury is to
comprise 6 jurors or, if the court makes an order
5 in accordance with section 23, not more than
8 jurors.
(2) A criminal trial is to be tried by a jury of 12 or, if
the court makes an order in accordance with
section 23, by a jury of not more than 15.
10 23. Empanelment of additional jurors
Before the jury is empanelled in a trial, the court
may order the empanelment of--
(a) in a criminal trial, up to 3 additional jurors;
and
15 (b) in a civil trial, up to 2 additional jurors.
24. Fees for civil juries
(1) A party requiring a civil case to be tried by a jury
must pay the prescribed fee--
(a) if the case is to be tried in the Supreme
20 Court, to the prothonotary; and
(b) if the case is to be tried in the County Court,
to the registrar of that court.
(2) The party that required a civil case to be tried by a
jury must pay to the prothonotary or the registrar
25 (as the case requires) the prescribed fee for a jury
for the second and each subsequent day of the
trial.
15
541010B.I1-20/12/99
Juries Act 1999
s. 25
Act No.
(3) Subject to sub-section (4), the fee required to be
paid under this section for the second and each
subsequent day of a trial must be paid before the
trial resumes on the day in respect of which the
5 fee is payable.
(4) The court may extend the time for payment of a
fee required to be paid for any day of a trial, but
not beyond the end of that day.
(5) If the prescribed fee is not paid by any party by
10 the time required for payment, the court must
discharge the jury and continue to hear and
determine the case without a jury.
(6) If, on the last day of a trial, the jury serves for
more than 8 hours, the party that is required to pay
15 the fees for the jury for that day must pay a further
day's fee for the jury before the end of the next
day on which the court is open for business.
(7) If a party cancels a requirement for trial by a jury
not less than 14 days before the trial is listed to
20 commence, a refund of the fees paid under this
section less prescribed administrative expenses
may, on application, be made to the party and the
Consolidated Fund is, to the necessary extent,
appropriated accordingly.
25 (8) No fees are payable if the court, on its own
motion, orders that a jury is required in a civil
trial.
25. Preparation of jury list
(1) The Juries Commissioner must, as often as
30 necessary, prepare a list of persons selected from,
or comprising, those recorded by the Juries
Commissioner as liable for jury service in a jury
district.
16
541010B.I1-20/12/99
Juries Act 1999
s. 26
Act No.
(2) The list must include sufficient numbers of
persons to constitute--
(a) a panel to be summoned to a particular court;
or
5 (b) a pool from which persons 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
birth and, if known, the occupation of each person
10 selected.
(4) The Juries Commissioner may make any enquiries
he or she considers necessary to determine
whether--
(a) a person included on a jury list is
15 disqualified from, or ineligible for, jury
service; or
(b) information contained in a jury list is correct.
(5) The Juries Commissioner may, at any time, amend
a jury list to correct an error or to remove a person
20 named on the jury list who is disqualified or
ineligible to serve as a juror.
26. Chief Commissioner of Police to make enquiries
(1) The Juries Commissioner must provide to the
Chief Commissioner of Police a copy of each jury
25 list.
(2) The Chief Commissioner of Police--
(a) must cause enquiries to be made as to
whether a person named on the jury list has,
or is alleged to have, committed an offence
30 in Victoria in order to determine whether the
person is disqualified under section 5(2)
from jury service; and
17
541010B.I1-20/12/99
Juries Act 1999
s. 27
Act No.
(b) may cause enquiries to be made as to
whether a person named on the jury list has,
or is alleged to have, committed an offence
outside Victoria in order to determine
5 whether the person is disqualified under
section 5(2) from jury service--
and report the result of those enquiries to the
Juries Commissioner.
(3) If an enquiry under sub-section (2) reveals that a
10 person named on a jury list is disqualified, the
Juries Commissioner must remove the person's
name from the list.
27. Summons
(1) The Juries Commissioner must issue a summons
15 to--
(a) a sufficient number of persons selected from
a jury list; or
(b) all persons on a jury list.
(2) A summons issued under sub-section (1) must--
20 (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
person is required to attend for jury service;
and
25 (c) be served not less than 10 days before the
person is required to attend for jury service.
(3) The Juries Commissioner may--
(a) recall and cancel a summons; and
(b) issue a fresh summons for the same purpose
30 as that for which the recalled summons was
issued.
18
541010B.I1-20/12/99
Juries Act 1999
s. 28
Act No.
28. Attendance for jury service
(1) A person shall not be compelled to attend for jury
service for more than 5 consecutive court days
unless--
5 (a) on the last of those days, the trial in which
the person is serving as juror has not
concluded; or
(b) in special circumstances, the court otherwise
orders.
10 (2) A person--
(a) who does not attend for jury service when
summoned; or
(b) whose jury service is deferred or cancelled
under section 17--
15 remains liable for jury service.
_______________
19
541010B.I1-20/12/99
Juries Act 1999
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 further deferred or
cancelled 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 each person called to a pool, the Juries
Commissioner must cause to be prepared a
15 document bearing the name and occupation of the
person and, if there are 2 or more persons in the
pool with the same name and occupation, their
date of birth.
(4) The Juries Commissioner or a pool supervisor
20 may require a person called to a pool to produce
evidence of his or her identity.
(5) The persons whose names are documented under
sub-section (3) constitute the pool from which
persons may be selected or allocated to constitute
25 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.
(2) The pool supervisor must then either--
30 (a) select from the pool a sufficient number of
persons to empanel a jury for that trial; or
(b) allocate all the pool.
20
541010B.I1-20/12/99
Juries Act 1999
s. 31
Act No.
(3) The persons selected or allocated constitute the
panel for that trial.
(4) The trial judge must authorise a person to assist in
the calling of the panel and the selection of the
5 jury, and the names of the persons constituting the
panel must be delivered to that person.
31. Calling of panel
(1) When the panel is present in the court, the proper
officer must--
10 (a) call out their names or, if the court makes a
direction under sub-section (3), their
number, one after another; and
(b) document those who answer to their names
or numbers.
15 (2) If 2 or more persons have the same name, the
proper officer must call out their occupations and
if 2 or more persons have the same name and
occupation, the proper officer must call out their
dates of birth.
20 (3) If the court considers that for security or other
reasons the names on a panel should not be read
out in open court, the court may, either before or
after the panel is present in the court, direct that
each person be identified by number only.
25 32. Information for panel
(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 name of the accused in a criminal trial or
30 the names of the parties in a civil trial;
(c) the names of the principal witnesses
expected to be called in the trial;
(d) the estimated length of the trial;
21
541010B.I1-20/12/99
Juries Act 1999
s. 33
Act No.
(e) any other information that the court thinks
relevant.
(2) The court must then call on persons on the panel
to seek to be excused from jury service on the
5 trial.
(3) The court may excuse a person from jury service
on the trial if the court is satisfied that the
person--
(a) will be unable to consider the case
10 impartially; or
(b) is unable to serve for any other reason.
(4) Unless the court otherwise orders, a person
excused from jury service under sub-section (3)
must return to the jury pool and may be selected
15 or allocated to a panel in another trial.
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--
20 (a) select persons from the panel and call out the
name or number and occupation of those
persons and, if there are 2 or more persons
with the same name and occupation, their
dates of birth until a sufficient number, after
25 allowing for all challenges for cause that
have been upheld, is selected; and
(b) make a list of the persons selected; and
(c) provide the list--
(i) first, to the plaintiff or petitioner; and
30 (ii) next, to the defendant or respondent--
22
541010B.I1-20/12/99
Juries Act 1999
s. 34
Act No.
who may each strike from the list the name
or number of any person to whom they
object in accordance with section 35.
(2) The persons whose names or numbers remain on
5 the list are the jury to try the issues in the trial.
34. Challenges for cause in civil trials
In a civil trial, the number of potential jurors that
each party may challenge for cause is unlimited.
35. Peremptory challenges in civil trials
10 (1) In a civil trial, each party is allowed to challenge
peremptorily 3 potential jurors.
(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.
15 (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
case requires.
20 (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
challenges;
25 (b) if they do not consent, each is allowed to
challenge peremptorily as provided by sub-
section (1).
36. Procedure for selecting jury in criminal trials
(1) After the procedures set out in sections 31 and 32
30 have been completed in a criminal trial, the proper
officer must select persons from the panel and call
out the name or number and occupation of those
persons and, if there are 2 or more persons with
23
541010B.I1-20/12/99
Juries Act 1999
s. 37
Act No.
the same name and occupation, their date of birth
until the required number, after allowing for all
challenges for cause that have been upheld and
each arraigned person's right of challenge under
5 section 39, is selected.
(2) The persons selected are the jury to try the issues
in the trial.
37. Challenges for cause in criminal trials
In a criminal trial, the number of potential jurors
10 that each person arraigned or the Crown may
challenge for cause is unlimited.
38. Crown right to stand aside jurors in criminal trials
(1) The Crown may require to stand aside--
(a) 6 potential jurors, if only 1 person is
15 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
in the trial, if 3 or more persons are
20 arraigned.
(2) The requirement to stand aside must be made as
the potential juror comes to take his or her seat
and before he or she takes it.
(3) A potential juror who has been required to stand
25 aside by the Crown under this section continues to
be a member of the panel selected or allocated by
the pool supervisor for the trial.
(4) If a potential juror who has been required to stand
aside by the Crown is selected again by the proper
30 officer in accordance with the procedure set out in
section 36, the Crown may not require that
potential juror to stand aside again, but may
challenge him or her for cause.
24
541010B.I1-20/12/99
Juries Act 1999
s. 39
Act No.
(5) This section does not apply to an investigation
under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997.
39. Peremptory challenges in criminal trials
5 (1) Each person arraigned is allowed to challenge
peremptorily--
(a) 6 potential jurors, if only 1 person is
arraigned in the trial; or
(b) 5 potential jurors, if 2 persons are arraigned
10 in the trial; or
(c) 4 potential jurors, if 3 or more persons are
arraigned in the trial.
(2) In a criminal trial, each peremptory challenge
must be made as the potential juror comes to take
15 his or her seat and before he or she takes it.
(3) 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 peremptory
20 challenge.
(4) This section does not apply to an investigation
under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997.
40. Determination of challenges for cause
25 (1) A challenge to a potential juror for cause must be
tried by the judge before whom the jury is being
empanelled.
(2) If a challenge to a potential juror for cause is
upheld, the person challenged must not be
30 empanelled on the jury in that trial.
(3) Unless the court otherwise orders, a potential juror
in respect of whom a challenge for cause has been
25
541010B.I1-20/12/99
Juries Act 1999
s. 41
44
Act No.
upheld must return to the jury pool and may be
selected or allocated to a panel in another trial.
41. Supplementary jurors
(1) If a trial is likely to be delayed because there is an
5 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
10 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, is as directed by the court.
(3) The persons instructed under this section to attend
15 for jury service become members of the panel
from which the jury for the trial is to be selected.
42. Swearing of jury1
On being empanelled, jurors must be sworn in
open court in the form of Schedule 3 applicable to
20 the case.
43. Judge may discharge juror
A judge may, during a trial, discharge a juror
without discharging the whole jury if--
(a) it appears to the judge that the juror is not
25 impartial; or
(b) the juror becomes incapable of continuing to
act as a juror; or
(c) the juror becomes ill; or
(d) it appears to the judge that, for any other
30 reason, the juror should not continue to act
as a juror.
44. Continuation of trial with reduced jury
26
541010B.I1-20/12/99
Juries Act 1999
Act No.
(1) Subject to sub-sections (2) and (3), if a juror dies
or is discharged during a trial, the judge may
direct that the trial shall continue with the
remaining jurors.
5 (2) A civil trial cannot continue with less than 5
jurors.
(3) A criminal trial cannot continue with less than
10 jurors.
(4) The verdict of the remaining jurors is a sufficient
10 verdict.
45. Court may order view in civil trials
(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
15 any necessary directions for that purpose.
(2) The validity of the proceeding is not affected by a
failure to comply with any direction given under
sub-section (1) but if the fact is discovered before
the verdict is given, the court may discharge the
20 jury and direct that a new trial shall take place.
(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.
25 46. Failure to reach unanimous verdict in criminal trials
(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
of them agree;
30 (b) if, at the time of returning its verdict, the jury
consists of 11 jurors--a verdict on which 10
of them agree;
27
541010B.I1-20/12/99
Juries Act 1999
s. 46
Act No.
(c) if, at the time of returning its verdict, the jury
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
5 criminal trial--
(a) is unable to agree on its verdict; or
(b) has not reached a unanimous verdict--
the court may discharge the jury or, subject to
sub-sections (3) and (4), take a majority verdict as
10 the verdict of the jury.
(3) 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
15 trial.
(4) A verdict that the accused is guilty or not guilty of
murder or treason or an offence against a law of
the Commonwealth must be unanimous.
(5) If in a criminal trial--
20 (a) it is possible for a jury to return a verdict of
not guilty of the offence charged but guilty
of another offence with which the accused
has not been charged; and
(b) the jury reaches a verdict (unanimously or by
25 majority verdict) that the accused is not
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
30 offences--
a majority verdict on the alternative offence may
be taken as the verdict of the jury.
28
541010B.I1-20/12/99
Juries Act 1999
s. 47
Act No.
47. Failure to reach unanimous verdict in civil trials
(1) If--
(a) the jury in a civil trial has not reached a
unanimous verdict after at least 3 hours
5 deliberation; and
(b) at the time of returning its verdict, the jury
consists of 6 jurors--
the court may, subject to sub-section (3), take a
verdict on which 5 of them agree as the verdict of
10 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.
(3) A court must refuse to take a majority verdict if it
15 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.
48. Ballot where additional jurors on jury
20 (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
25 verdict, a ballot must be conducted by selecting
the number of jurors necessary to reduce the jury
to 12 or 6, as the case requires, before the jury
retires to consider its verdict.
(2) If the foreperson is selected in the ballot, that
30 selection is to be disregarded and the foreperson
remains on the jury.
(3) If a criminal trial is not concluded after the verdict
is given (whether because it is not in respect of all
29
541010B.I1-20/12/99
Juries Act 1999
s. 49
Act No.
the accused persons or not in respect of all the
counts in the presentment), the jurors selected in
the ballot must then return to the jury, and
continue as part of it, for the continuation of the
5 trial.
(4) A fresh ballot must be conducted each time the
jury is required to retire to consider its verdict.
(5) Subject to sub-sections (2) and (3), the jurors who
are selected in the ballot must be discharged but
10 remain liable for further jury service, unless the
court otherwise orders.
(6) The jurors who, after a ballot, remain on the jury
until a verdict has been given or until the jurors
are discharged, remain liable for further jury
15 service, unless the court otherwise orders.
49. Oath for jurykeeper2
If a jurykeeper is required in a trial, the jurykeeper
must be sworn in the form of Schedule 4.
50. Court may allow jury to separate after retiring to
20 consider verdict
(1) Subject to sub-section (2) but despite any rule of
law or practice to the contrary, the court may--
(a) allow the jury to separate; or
(b) allow an individual juror to separate from the
25 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
before the verdict is given or the jurors are
discharged.
30 (2) A court may allow a jury or juror to separate in
accordance with sub-section (1) only if each
30
541010B.I1-20/12/99
Juries Act 1999
s. 50
Act No.
separating juror has been sworn in the form of
Schedule 53.
_______________
31
541010B.I1-20/12/99
Juries Act 1999
s. 51
Act No.
PART 7--REMUNERATION AND ALLOWANCES FOR JURY
SERVICE
51. Remuneration and allowances for jury service
(1) Subject to sub-sections (2) and (3), the prescribed
5 rate of remuneration and allowances shall be paid
to--
(a) each person who has attended for jury
service in response to a summons; and
(b) each person who has attended court in
10 response to selection under section 41 to
supplement a panel--
whether or not the person has actually served as a
juror.
(2) A person who attends for jury service and is
15 excused is not to be paid any remuneration or
allowances if--
(a) the person was aware of a circumstance that
may constitute a reason for excusal under
this Act and the person did not apply to the
20 Juries Commissioner to be excused from jury
service at the first reasonable opportunity
after becoming aware of the circumstance; or
(b) the person knowingly made an untrue or
misleading statement in the questionnaire he
25 or she returned to the Juries Commissioner.
(3) If a juror is not required to attend during the
course of a trial, the judge may direct that the
juror be paid remuneration and allowances at the
prescribed rate for any day on which the juror is
30 not required to attend court--
(a) to a maximum of 5 days for each 40 days on
which the juror has attended court, whether
32
541010B.I1-20/12/99
Juries Act 1999
s. 52
Act No.
or not the juror has lost income as a result of
serving as a juror; and
(b) for any further days in respect of which the
juror has lost income as a result of serving as
5 a juror.
52. Employer to make up pay
(1) In this section and section 53, "employee" does
not include an independent contractor.
(2) Despite any inconsistent term in a contract of
10 employment, an employee who has been
summoned for jury service and who has attended
court, whether or not he or she has actually served
on a jury, is entitled to be reimbursed by his or her
employer an amount equal to the difference
15 between the amount of remuneration paid under
section 51 and the amount that he or she could
reasonably expect to have received from the
employer as earnings for that period had he or she
not been performing jury service.
20 53. Employee must notify employer of date etc. of jury
service
An employee must--
(a) notify his or her employer as soon as
possible of the date on which he or she is
25 required to attend for jury service; and
(b) give his or her employer written details of--
(i) the date on which the employee
attended for jury service; and
(ii) the duration of the period of jury
30 service; and
(iii) any remuneration paid to the employee
under section 51; and
33
541010B.I1-20/12/99
Juries Act 1999
s. 53
Act No.
(c) give his or her employer any other
information as directed by the Juries
Commissioner.
_______________
5
34
541010B.I1-20/12/99
Juries Act 1999
s. 54
Act No.
PART 8--COMPENSATION OF JURORS
54. Definition
In this Part, "Authority" means the Victorian
WorkCover Authority under the Accident
5 Compensation Act 1985.
55. 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.
35
541010B.I1-20/12/99
Juries Act 1999
s. 55
Act No.
(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 or not the person so
5 attending--
(a) is qualified and liable for jury service; or
(b) is excused by the court or Juries
Commissioner from further attendance; or
(c) is sworn as a juror; or
10 (d) is empanelled on a jury--
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
15 service.
(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
20 Act 1985 if--
(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
25 course of the employment.
(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
30 determined in accordance with this Part by the
Authority, the County Court or the Magistrates'
Court, as the case requires.
36
541010B.I1-20/12/99
Juries Act 1999
s. 55
Act No.
(7) In making a determination in relation to any
matter referred to in sub-section (4), the
Authority, the County Court or the Magistrates'
Court must, as far as practicable, be guided by
5 reference to the applicable provisions of the
Accident Compensation Act 1985 governing the
corresponding matter in that Act.
(8) A person is not debarred from compensation in
respect of personal injury caused to a person
10 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
Accident Compensation Act 1985.
(9) For the purpose of assessing compensation, the
15 average weekly earnings of a person attending for
jury service is to be computed by the Authority,
the County Court or the Magistrates' Court--
(a) by reference to his or her employment by
any employer or employers during the
20 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
opinion of the Authority, the County Court
or the Magistrates' Court, is best calculated
25 to give the appropriate compensation for his
or her loss of earning capacity--
but so that any relevant maximum limits imposed
by the Accident Compensation Act 1985 are not
exceeded.
30 (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
Compensation Act 1985.
37
541010B.I1-20/12/99
Juries Act 1999
s. 56
Act No.
(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
5 Accident Compensation Act 1985;
(b) approve a provider of occupational
rehabilitation services for the purposes of a
return to work plan prepared under
paragraph (a);
10 (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
15 under section 59(2) as if the costs and expenses
were a payment of compensation and section
59(3) applies accordingly.
56. Compensation otherwise payable
If a person is entitled to compensation in respect
20 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
25 person is entitled.
57. 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
30 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.
38
541010B.I1-20/12/99
Juries Act 1999
s. 58
Act No.
58. Authority to represent Crown
In all proceedings under this Part, the Authority
represents the Crown and has the same powers,
rights and authorities as the Authority has under
5 the Accident Compensation Act 1985 in regard
to the corresponding matter relating to a worker
under that Act.
59. Payments
(1) The Authority is entitled to the reimbursement of
10 its reasonable costs and expenses incurred in
representing the Crown under section 58.
(2) The Authority must make any payment of
compensation under this Part out of the
WorkCover Authority Fund under the Accident
15 Compensation Act 1985.
(3) There is to be paid into the WorkCover Authority
Fund out of the Consolidated Fund, which is to
the necessary extent appropriated accordingly--
(a) the amounts to be reimbursed under sub-
20 section (1); and
(b) the amount of any payments under sub-
section (2).
_______________
39
541010B.I1-20/12/99
Juries Act 1999
s. 60
Act No.
PART 9--JURIES COMMISSIONER
60. 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.
61. Certain employees to be deputies
10 A person employed in the public service with a
classification that is prescribed for the purposes of
this section is, by virtue of that employment, a
Deputy Juries Commissioner.
62. Power to administer oaths
15 The Juries Commissioner and each Deputy Juries
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
20 that person to be proper for the purposes of this
Act.
63. Functions and powers of deputies
Subject to the direction and control of the Juries
Commissioner, a Deputy Juries Commissioner has
25 the same functions and powers as the Juries
Commissioner has under this Act.
64. Directions
The Juries Commissioner may give directions to
all or any Deputy Juries Commissioners as to any
30 matter concerning the administration of this Act.
_______________
40
541010B.I1-20/12/99
Juries Act 1999
s. 65
Act No.
PART 10--OFFENCES AND ENFORCEMENT
Division 1--Offences
65. Secrecy
(1) A person who is or has been any of the following
5 is bound by this section--
(a) the Juries Commissioner or a Deputy Juries
Commissioner;
(b) the Chief Commissioner of Police, any other
member of the police force or any other
10 person performing a function under
section 26(2);
(c) the Director of Public Prosecutions or a
member of staff of the Office of Public
Prosecutions or a legal practitioner
15 prosecuting on behalf of the Crown;
(d) any other person performing a function or
exercising a power under this Act;
(e) any person, other than a person referred to in
sub-section (4), gaining access to
20 information enabling the identification of
persons on any jury roll, list, pool, panel or
jury under this Act.
(2) A person bound by this section must not, either
directly or indirectly, make a record of, or disclose
25 or communicate to any person any information
enabling the identification of persons on any jury
roll, list, pool, panel or jury under this Act
except--
(a) as provided by or under this Act; or
30 (b) in connection with the performance of
functions or exercise of powers under this
Act; or
41
541010B.I1-20/12/99
Juries Act 1999
s. 65
Act No.
(c) as otherwise provided by law.
Penalty: 120 penalty units or imprisonment for
12 months.
(3) Nothing in sub-section (2) prevents a person who
5 is or has been a juror from producing a document
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
10 (b) a board or commission appointed by the
Governor in Council; or
(c) the Attorney-General; or
(d) the Director of Public Prosecutions for
Victoria or the Director of Public
15 Prosecutions for the Commonwealth; or
(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
20 Public Prosecutions for the Commonwealth.
(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
25 registered medical practitioner or a registered
psychologist in the course of treatment in relation
to issues arising out of the person's service as a
juror.
(5) A registered medical practitioner or a registered
30 psychologist to whom information referred to in
sub-section (4) has been disclosed must not
disclose or communicate that information to any
other person.
42
541010B.I1-20/12/99
Juries Act 1999
s. 66
67
Act No.
Penalty: 120 penalty units or imprisonment for
12 months.
(6) In this section--
"court" includes the Magistrates' Court;
5 "produce" includes permit access to.
66. Offences by officials
(1) A person who performs a function or exercises a
power under this Act must not, without lawful
excuse--
10 (a) cause an alteration, omission, insertion or
misdescription in a record made or kept
under this Act; or
(b) falsely certify to the correctness of a record
made or kept under this Act; or
15 (c) fail to do, or obstruct or interfere with the
doing of, anything required by or under this
Act to be done; or
(d) excuse a person from jury service; or
(e) include in a jury list, pool or panel the name
20 of a person who is not liable for jury service;
or
(f) directly or indirectly receive any payment or
reward for excusing or pretending to excuse
a person from jury service; or
25 (g) obstruct or interfere with the proper
administration of this Act.
Penalty: 600 penalty units or imprisonment for
5 years.
(2) An offence against this section is an indictable
30 offence.
67. Questionnaire
43
541010B.I1-20/12/99
Juries Act 1999
s. 70
Act No.
A person must not, without reasonable excuse, fail
to complete and return a questionnaire as required
by section 20(2).
Penalty: 30 penalty units.
5 68. Obligation to answer questions or produce document
(1) A person to whom a question is lawfully put under
this Act by a court or the Juries Commissioner
must not, without reasonable excuse--
(a) fail to answer the question; or
10 (b) give an answer that is false or misleading in
a material respect.
Penalty: 30 penalty units or imprisonment for
3 months.
(2) The court or the Juries Commissioner may request
15 a person to produce a document in order to
determine whether the person is qualified for jury
service.
(3) A person must not, without reasonable excuse, fail
to comply with a request under sub-section (3).
20 Penalty: 30 penalty units or imprisonment for
3 months.
69. Failure to inform Juries Commissioner of
disqualification or ineligibility
A person summoned to attend for jury service
25 who knows that he or she is disqualified from jury
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.
30 Penalty: 30 penalty units.
70. Supply of false or misleading information
44
541010B.I1-20/12/99
Juries Act 1999
s. 72
Act No.
A person must not cause or permit any
representation, whether by act or omission, that
the person knows to be false or misleading in a
material respect to be made to the Juries
5 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;
10 In any other case, 30 penalty units.
71. 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.
15 Penalty: 30 penalty units or imprisonment for
3 months.
(2) It is a reasonable excuse for the purposes of sub-
section (1) if--
(a) a person has applied under section 7 for the
20 deferral of their jury service, or under section
8 or 9 to be excused from jury service; and
(b) the person has not been notified of the Juries
Commissioner's decision to refuse the
application before the date specified in the
25 summons as the date on which the person is
required to attend for jury service.
(3) 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.
72. Failure to attend as supplementary juror
45
541010B.I1-20/12/99
Juries Act 1999
s. 76
Act No.
A person who is instructed under section 41 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.
73. 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.
74. 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.
75. 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.
76. Employment not to be terminated or prejudiced
because of jury service
46
541010B.I1-20/12/99
Juries Act 1999
Act No.
(1) An employer must not--
(a) terminate or threaten to terminate the
employment of an employee; or
(b) otherwise prejudice the position of the
5 employee--
because the employee is, was or will be absent
from employment on jury service.
Penalty: In the case of a body corporate,
600 penalty units;
10 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
than the reason for the defendant's action are
15 proved, the onus of proving that the termination,
threat 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
against sub-section (1), the court may--
20 (a) order the employer to pay the employee a
specified sum by way of reimbursement for
the salary or wages lost by the employee;
and
(b) order that the employee be reinstated in his
25 or her former position or a similar position.
(4) If the court considers that it would be
impracticable to re-instate the employee, the court
may order the employer to pay the employee an
amount of compensation not exceeding the
30 amount of remuneration of the employee during
the 12 months immediately before the employee's
employment was terminated.
(5) An order under sub-section (3)(a) or (4) must be
taken to be a judgment debt due by the employer
47
541010B.I1-20/12/99
Juries Act 1999
s. 77
Act No.
to the employee and may be enforced in the court
by which it was made.
(6) The amount of salary or wages that would have
been payable to an employee in respect of any
5 period that his or her employer fails to give effect
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.
77. Restriction on publishing names of jurors etc.
10 (1) A person must not publish, or cause to be
published, any information or image that identifies
or is capable of identifying a person attending for
jury service.
Penalty: In the case of a body corporate,
15 3000 penalty units;
In any other case, 600 penalty units or
imprisonment for 5 years.
(2) For the purposes of sub-section (1), a person who
holds a licence for a broadcasting service that
20 publishes any information or image that identifies
or is capable of identifying a person attending for
jury service is deemed to have caused the
publication of that information or image.
(3) In sub-section (2), "licence" means a licence
25 under the Broadcasting Services Act 1992 of the
Commonwealth or a licence preserved under the
Broadcasting Services (Transitional Provisions
and Consequential Amendments) Act 1992 of the
Commonwealth.
30 (4) An offence against this section is an indictable
offence.
(5) This section does not apply to the publication of
information or images in respect of a proceeding
under this section.
48
541010B.I1-20/12/99
Juries Act 1999
s. 78
Act No.
78. Confidentiality of jury's deliberations
(1) A person must not--
(a) publish, or cause to be published, any
statements made, opinions expressed,
5 arguments advanced or votes cast in the
course of the deliberations of a jury; or
(b) solicit or obtain the disclosure by a person
who is or has been a juror of statements
made, opinions expressed, arguments
10 advanced or votes cast in the course of the
deliberations of that jury.
Penalty: In the case of a body corporate,
3000 penalty units;
In any other case, 600 penalty units or
15 imprisonment for 5 years.
(2) A person who is or has been a juror must not
disclose any statements made, opinions expressed,
arguments advanced or votes cast in the course of
the deliberations of that jury if the person has
20 reason to believe that any of that information is
likely to be or will be published to the public.
Penalty: 600 penalty units or imprisonment for
5 years.
(3) Nothing in this section prevents--
25 (a) a person who is or has been a juror
disclosing to--
(i) a judge or court; or
(ii) a board or commission appointed by the
Governor in Council; or
30 (iii) the Attorney-General; or
(iv) the Director of Public Prosecutions for
Victoria or the Director of Public
Prosecutions for the Commonwealth--
49
541010B.I1-20/12/99
Juries Act 1999
s. 78
Act No.
any information about the deliberations of a
jury; or
(b) the investigation by a member of the police
force at the request of the Director of Public
5 Prosecutions for Victoria, or the Director of
Public Prosecutions for the Commonwealth,
of a complaint about the deliberations of a
jury or the disclosure of information about
those deliberations by a person who is or has
10 been a member of a jury to the police in the
course of the investigation; or
(c) the investigation by a person authorised by
the Court of Appeal, in relation to an appeal
to that Court, of an allegation about the
15 deliberations of a jury or the disclosure of
information about those deliberations by a
person who is or has been a member of a
jury to the authorised person in the course of
that investigation.
20 (4) The Director of Public Prosecutions for Victoria
may request the Chief Commissioner of Police to
investigate a complaint about the deliberations of
a jury or the disclosure of information about those
deliberations by a person who is or has been a
25 member of a jury.
(5) Nothing in sub-section (1)(b) or (2) prevents a
person who has been a juror from disclosing any
statements made, opinions expressed, arguments
advanced or votes cast in the course of the
30 deliberations of that jury to a registered medical
practitioner or a registered psychologist in the
course of treatment in relation to issues arising out
of the person's service as a juror.
(6) A registered medical practitioner or registered
35 psychologist must not disclose information
referred to in sub-section (5) to any other person.
50
541010B.I1-20/12/99
Juries Act 1999
s. 78
Act No.
Penalty: 600 penalty units or imprisonment for
5 years.
(7) Nothing in this section prevents the publication or
disclosure by a person of any information about
5 the deliberations of a jury if that publication or
disclosure is not capable of identifying a juror or
the relevant legal proceeding.
(8) This section does not apply to the disclosure of
information about a proceeding for an offence
10 against this section if, before the proceeding was
commenced, the information had been published
generally to the public.
(9) This section does not prohibit a person from
soliciting information from a juror or former juror
15 in accordance with an authority granted by the
Attorney-General for the conduct of a research
project into matters relating to juries or jury
service.
(10) An offence against this section is an indictable
20 offence.
(11) A prosecution for an offence against this section
may only be brought with the consent in writing
of the Director of Public Prosecutions for Victoria
or of a person authorised by the Director of Public
25 Prosecutions for Victoria to give consent for the
purposes of this sub-section.
(12) In this section--
"court" includes the Magistrates' Court;
"deliberations" includes any discussions
30 between two or more jurors at any time
during a trial of matters relevant to that trial.
51
541010B.I1-20/12/99
Juries Act 1999
s. 79
81
Act No.
79. Offence by body corporate
(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
5 show that an officer, employee or agent of the
body corporate had that intention or knowledge.
(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
10 director, manager, secretary or other officer of the
body corporate, that person is deemed to have
committed the offence also and is liable to be
proceeded against and punished accordingly.
Division 2--Summary Enforcement by Court
15 80. Supply of false or misleading information
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
20 representation, whether by act or omission, that
the 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
25 evading jury service.
81. 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
30 for a term not exceeding 3 months, on a person
who--
52
541010B.I1-20/12/99
Juries Act 1999
Act No.
(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 41 to attend
5 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
(ii) fails to produce a document on request
10 by the court in order to determine
whether the person is qualified for jury
service; or
(d) without reasonable excuse, gives an answer
that is false or misleading in a material
15 respect to 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
affirmation.
20 (2) It is a reasonable excuse for the purposes of sub-
section (1)(a) if--
(a) a person has applied under section 7 for the
deferral of their jury service, or under
section 8 or 9 to be excused from jury
25 service; and
(b) the person has not been notified of the Juries
Commissioner's decision to refuse the
application before the date specified in the
summons as the date on which the person is
30 required to attend for jury service.
(3) 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
53
541010B.I1-20/12/99
Juries Act 1999
s. 82
Act No.
without reasonable excuse to attend as a juror
until discharged by the court.
82. Impersonation of jurors and extra payment for jury
service
5 The court may in a summary way impose a fine
not exceeding 120 penalty units, or imprisonment
for a term not exceeding 12 months, on a person
who--
(a) impersonates or attempts to impersonate
10 another person for the purpose of jury
service as that other person; or
(b) receives any payment from--
(i) a party to a proceeding; or
(ii) any other person--
15 for their attendance for jury service, except
as provided for by or under this Act.
83. Employers
(1) The court may in a summary way impose a fine
not exceeding 120 penalty units, or imprisonment
20 for a term not exceeding 12 months, (or, in the
case of a body corporate, a fine not exceeding 600
penalty units) on an employer who--
(a) terminates or threatens to terminate the
employment of an employee; or
25 (b) otherwise prejudices the position of the
employee--
because the employee is, was or will be absent
from employment on jury service.
(2) If the court imposes a fine or imprisonment under
30 sub-section (1), sub-sections (3) to (6) of
54
541010B.I1-20/12/99
Juries Act 1999
s. 84
Act No.
section 76 apply as if the employer had been
found guilty of an offence against section 76(1).
Division 3--General
84. Contempt of court
5 Nothing in this Part affects the power of a court to
deal with a contempt of court summarily of its
own motion.
85. Enforcement of fines
If a court fines a person under Division 2 or for
10 contempt of the court, the fine is enforceable
under the Sentencing Act 1991 as if the person
had been found guilty of an offence.
86. Double jeopardy
If an act or omission constitutes any two or more
15 of the following--
(a) an offence against this Act;
(b) an offence against the common law; or
(c) conduct that the court may deal with
summarily under Division 2;
20 (d) a contempt of the court--
the offender is liable to be prosecuted or dealt
with in any or all of the applicable ways but is not
liable to be punished more than once for the same
act or omission.
25 _______________
55
541010B.I1-20/12/99
Juries Act 1999
s. 87
Act No.
PART 11--GENERAL
87. Proof of service
(1) The production of a certificate signed by the
Juries Commissioner or a Deputy Juries
5 Commissioner that a questionnaire or a 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 requires, has been delivered at the
10 address of the person named in the questionnaire
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
15 questionnaire or summons served and state the
date and place of posting.
88. Rules of Court
(1) The judges of the Supreme Court may make rules
for or with respect to any matter or thing that may
20 be necessary for the purpose of giving effect to
this Act.
(2) The judges of the County Court may make rules
for or with respect to any matter or thing that may
be necessary for the purpose of giving effect to
25 this Act.
89. Common law offence of embracery not affected
The repeal of section 70 of the Juries Act 1967
does not affect the continued existence of the
common law offence of embracery.
30 90. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing forms;
56
541010B.I1-20/12/99
Juries Act 1999
s. 90
Act No.
(b) prescribing fees;
(c) prescribing administrative expenses in
respect of refunds of fees for juries in civil
trials;
5 (d) pools of jurors;
(e) jury lists;
(f) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
10 give effect to this Act.
(2) The regulations--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances.
15 _______________
57
541010B.I1-20/12/99
Juries Act 1999
s. 91
Act No.
PART 12--AMENDMENT OF THE JURIES ACT 1967
91. Information supplied to DPP
No. After section 21(3) of the Juries Act 1967
7651/1967.
insert--
Reprint No. 4
as at
5 "(4) Any information given by the Chief
16 January
Commissioner of Police to the Director of
1997. Further
amended by
Public Prosecutions for Victoria or the
Nos 46/1998,
Director of Public Prosecutions for the
52/1998 and
24/1999.
Commonwealth on or before 30 September
10 1999 concerning a person on a panel is
deemed to have been lawfully given.".
_______________
58
541010B.I1-20/12/99
Juries Act 1999
s. 92
Act No.
PART 13--CONSEQUENTIAL AND TRANSITIONAL
PROVISIONS
92. Repeal of Juries Act 1967
No.
The Juries Act 1967 is repealed. 7651/1967.
Reprint No. 4
as at
16 January
1997. Further
amended by
Nos 46/1998,
52/1998 and
24/1999.
5 93. County Court Act 1958
No.
Section 69 of the County Court Act 1958 is 6230/1958.
repealed. Reprint No. 9
as at 1 August
1998. Further
amended by
No. 10/1999.
94. Crimes Act 1958
No.
(1) In section 2A(1) of the Crimes Act 1958, after the 6231/1958.
10 definition of "incite" insert-- Reprint No. 15
as at
' "Juries Commissioner" has the same meaning 1 September
as in the Juries Act 1999;'. 1999. Further
amended by
No. 26/1999.
(2) In section 354 of the Crimes Act 1958--
(a) for "sheriff" (wherever occurring) substitute
15 "Juries Commissioner";
59
541010B.I1-20/12/99
Juries Act 1999
s. 95
Act No.
(b) for "jury book" substitute "jury roll";
(c) for "name place of abode and addition"
substitute "name, occupation and date of
birth".
5 (3) In section 437 of the Crimes Act 1958, for
"sheriff" substitute "Juries Commissioner".
95. Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
No. 65/1997. (1) In section 11 of the Crimes (Mental Impairment
Reprint No. 1
10 and Unfitness to be Tried) Act 1997, for sub-
as at
section (2) substitute--
18 February
1999.
"(2) The Juries Act 1999 applies to an
investigation as if the investigation were a
criminal trial.".
15 (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
nearly as possible as if it were a criminal
20 trial and, for that purpose, the Juries Act
1999 applies, subject to this section.".
96. Crimes (Criminal Trials) Act 1999
No. 35/1999. In section 23 of the Crimes (Criminal Trials)
Act 1999, for "sheriff within the meaning of the
25 Juries Act 1967" substitute "Juries
Commissioner within the meaning of the Juries
Act 1999".
97. Magistrates' Court Act 1989
No. 51/1989. In Schedule 4 to the Magistrates' Court Act
Reprint No. 6
30 1989, after clause 62 insert--
as at 1 July
1999. Further
"63. Juries Act 1999
amended by
No. 35/1999.
60
541010B.I1-20/12/99
Juries Act 1999
s. 99
Act No.
Offences under sections 66(1), 77(1), 78(1), 78(2)
and 78(6) of the Juries Act 1999.".
98. Transport Accident Act 1986
No. 111/1986.
(1) In section 37(1) of the Transport Accident Act
Reprint No. 6
5 1986, for paragraph (c) substitute-- as at
26 August
"(c) Part 8 of the Juries Act 1999; or". 1999.
(2) In section 137(1) of the Transport Accident Act
1986, for paragraph (e) substitute--
"(e) Part 8 of the Juries Act 1999;".
10 99. Saving and transitional provisions
Schedule 6 has effect.
__________________
61
541010B.I1-20/12/99
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, in Victoria or another jurisdiction, of
treason or one or more indictable offences and sentenced to--
(a) imprisonment for a term or terms in the aggregate of 3 years or
more; or
(b) a period of detention, for 3 years or more, under a hospital security
10 order made under section 93 of the Sentencing Act 1991 or an
equivalent order in another jurisdiction--
but any conviction of an offence in respect of which a free pardon has
been granted must be disregarded.
2. A person who within the last 10 years has been, in Victoria or another
15 jurisdiction--
(a) imprisoned for a term or terms in the aggregate of 3 months or
more; or
(b) detained, for a period of 3 months or more, under a hospital
security order made under section 93 of the Sentencing Act 1991
20 or an equivalent order in another jurisdiction--
but any conviction of an offence in respect of which a free pardon has
been granted must be disregarded.
3. A person who within the last 5 years, in Victoria or another
jurisdiction--
25 (a) has been imprisoned for a term or terms in the aggregate of less
than 3 months; or
(b) has been detained, for a period of less than 3 months under a
hospital security order made under section 93 of the Sentencing
Act 1991 or an equivalent order in another jurisdiction; or
30 (c) has served a sentence of imprisonment by way of intensive
correction in the community, or an equivalent sentence in another
jurisdiction; or
(d) has been sentenced to a suspended sentence of imprisonment; or
62
541010B.I1-20/12/99
Juries Act 1999
Sch. 1
Act No.
(e) has served a sentence of detention in a youth training centre or
youth residential centre or an equivalent sentence in another
jurisdiction--
but any conviction of an offence in respect of which a free pardon has
5 been granted must be disregarded.
4. A person in respect of whom a court in Victoria (including the
Magistrates' Court) or another jurisdiction, has, within the last 5 years,
made a community-based order, or an equivalent order in another
jurisdiction, but any conviction, or finding of guilt, of an offence in
10 respect of which a free pardon has been granted must be disregarded.
5. A person who within the last 2 years--
(a) has been sentenced by a court, in Victoria (including the
Magistrates' Court) or another jurisdiction, for an offence; or
(b) has been released on the giving of an undertaking under section 72
15 or 75 of the Sentencing Act 1991, or an equivalent undertaking in
another jurisdiction.
6. A person who is remanded in custody in respect of an alleged offence.
7. A person who has been declared bankrupt and has not obtained a
discharge.
20 _______________
63
541010B.I1-20/12/99
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 member of the Police Appeals Board;
(d) a bail justice;
(e) admitted to legal practice in Victoria;
10 (f) a person whose duties or activities, whether paid or voluntary, are
connected with the investigation of offences, the administration of
justice or the punishment of offenders;
(g) a member of the police force;
(h) the Secretary to the Department of Justice or the Department of
15 Human Services;
(i) a member of the Legislative Assembly or Legislative Council;
(j) the Auditor-General;
(k) the Ombudsman, the Acting Ombudsman, the Deputy
Ombudsman or the Acting Deputy Ombudsman;
20 (l) an employee of the Ombudsman;
(m) 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 legal practice.
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;
64
541010B.I1-20/12/99
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 communicate in or understand the English language
adequately.
_______________
10
65
541010B.I1-20/12/99
Juries Act 1999
Sch. 3
Act No.
SCHEDULE 3
Section 42
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.
_______________
66
541010B.I1-20/12/99
Juries Act 1999
Sch. 4
Act No.
SCHEDULE 4
Section 49
SWEARING OF JURYKEEPERS
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
_______________
67
541010B.I1-20/12/99
Juries Act 1999
Sch. 5
Act No.
SCHEDULE 5
Section 50(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
68
541010B.I1-20/12/99
Juries Act 1999
Sch. 6
Act No.
SCHEDULE 6
Section 99
SAVING AND TRANSITIONAL PROVISIONS
1. Application of Acts
5 (1) This Act applies to a trial in which a jury is empanelled after
the commencement of section 92, irrespective of when the
offence to which the 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
10 commencement of section 92 of this Act continues to apply
to a trial in which a jury was empanelled before that
commencement.
2. Jury lists under the Juries Act 1967
The last jury list prepared for a jury district under section 8
15 of the Juries Act 1967 immediately before the
commencement of section 19 of this Act is, on that
commencement, deemed to be the first jury roll prepared for
the corresponding jury district under section 19 of this Act.
3. Questionnaires issued under the Juries Act 1967
20 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 questionnaire issued under section 20 of this
Act.
4. Panels under the Juries Act 1967
25 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.
5. Summonses issued under the Juries Act 1967
A summons to serve as a juror issued under section 23 of
30 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.
69
541010B.I1-20/12/99
Juries Act 1999
Sch. 6
Act No.
6. Disqualification and ineligibility criteria under this Act apply to
persons summoned before or after commencement of this Act
(1) Schedule 1 applies to persons summoned for jury service,
whether the summons was issued before or after the
5 commencement of section 92.
(2) Schedule 2 applies to persons summoned for jury service,
whether the summons was issued before or after the
commencement of section 92.
7. Certificate of exemption issued under the Juries Act 1967
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.
8. Deferrals of and excuses from jury service
(1) A deferral of excusal from service as a juror under the
15 Juries Act 1967 continues to have the same effect as it
would have had if that Act had not been repealed.
(2) A person referred to in Schedule 4 to the Juries Act 1967 is
not entitled to be excused from jury service as of right under
this Act.
20 9. Certain persons continue to be bound by secrecy provisions
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 92 of this Act, a person bound by
section 65 of this Act in respect of the performance of
25 functions or exercise of powers by that person under that
Act.
10. Compensation for personal injuries
Part VII of the Juries Act 1967, as in force immediately
before the commencement of section 92 of this Act,
30 continues to apply on and after that commencement in
respect of a personal injury arising out of or in the course of
jury service before that date.
70
541010B.I1-20/12/99
Juries Act 1999
Notes
Act No.
NOTES
1
S. 42: Section 102 of the Evidence Act 1958 provides for the
circumstances when an affirmation may be made instead of an oath.
2
S. 49: See note 1.
3
S. 50(2): See note 1.
By Authority. Government Printer for the State of Victoria.
71
541010B.I1-20/12/99
Juries Act 1999
Act No.
72
541010B.I1-20/12/99
[Index] [Search] [Download] [Related Items] [Help]