Jury Regulation 2004
Repealed version for 1 August 2010 to 31 August 2010 (accessed 22 May 2013 at 21:01)
Status information
Currency of version
Repealed version for 1 August 2010 to 31 August 2010 (accessed 22 May 2013 at 21:01).
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes
Does not include amendments by:
Jury Amendment Act 2010
No 55, Sch 2 (Sch 2 [2] (except to the extent that it inserts a note
to clause 5 (4)) and [3] excepted) (not
commenced)
See also:
Law Enforcement and National Security
(Assumed Identities) Bill 2010
Repeal:
The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2010.
Authorisation
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the Interpretation Act 1987.
File last modified 1 September 2010.
1 Name of Regulation
This Regulation is the Jury Regulation
2004.
2 Interpretation
(1) In this Regulation:the Act means the
Jury Act
1977.
(2) Notes in the text of this Regulation do not form part of this
Regulation.
3 Jury districts
(1) In determining the electoral districts and parts of electoral
districts that are to comprise the jury districts constituted under section 9
(2) of the Act, the sheriff must ensure that:(a) the address of each person whose name appears on an electoral roll
is included in one, but not more than one, jury district,
and
(b) there will, in the sheriff’s opinion, be a sufficient number
of persons eligible to be called for jury service in each jury
district.
(2) The sheriff may keep jury district records in computerised
form.
4 Alternate procedure where sheriff interested in
case
The person holding the office of Director-General of the Attorney
General’s Department is prescribed for the purposes of section 24 (1) of
the Act.
4A Identity of certain persons must not be
disclosed
(1) The identity of a person who is a principal witness must not be
disclosed under section 38 (7) (a), (8) (a) or (9) (a) of the Act if:(a) the person is an officer in respect of whom an assumed identity
approval is in force under the Law
Enforcement and National Security (Assumed Identities) Act
1998, or
(b) the person is an officer in respect of whom an assumed identity
approval was in force under the Law
Enforcement and National Security (Assumed Identities) Act
1998 at the relevant time, or
(c) the person is a participant in an authorised operation within the
meaning of the Law Enforcement (Controlled
Operations) Act 1997, or
(d) the person was a participant in an authorised operation within the
meaning of the Law Enforcement (Controlled
Operations) Act 1997 at the relevant
time.
(2) This clause does not apply to a jury selected before the
commencement of this clause.
5 Payment for jury service
(1) For the purposes of section 72 of the Act, if a person is entitled
to be paid for attendance for jury service at a court or coronial inquest, the
amount to be paid is to be calculated in accordance with this
clause.
(2) The amount is to be calculated as the sum of the following:(a) an attendance allowance calculated in accordance with the Table in
Part 1 of Schedule 1,
(b) the travelling allowance calculated in accordance with Part 2 of
Schedule 1,
(c) the refreshment allowance calculated in accordance with Part 3 of
Schedule 1.
(3) A person who is employed at the time the person is in attendance
for jury service is entitled to an attendance allowance only if:(a) the person’s full wage, salary or income is reduced during
that time as a result of the jury service and then only to the extent of the
reduction, or
(b) the person is not paid any of the wage, salary or income that the
person would normally be entitled to during that time, or
(c) the person is required to reimburse his or her employer the amount
of the jury allowance.
(4) The sheriff may require a person who claims or intends to claim a
jury allowance to supply such information as the sheriff considers necessary
to determine the amount of jury allowance, if any, to which the person is
entitled.
(5) In this clause and Schedule 1, a reference to a person who is
employed includes a reference to:(a) a person who is a full-time, part-time or casual employee,
and
(b) a person who is an independent contractor or a self-employed
person.
6 Repeal
(1) The Jury
Regulation 1999 is repealed.
(2) Any act, matter or thing that, immediately before the commencement
of this Regulation, had effect under the Jury Regulation 1999 is taken to
have effect under this Regulation.
Schedule 1 Jury service allowances
(Clause 5)
Part 1 Attendance allowance
Column 1 | Column 2 | Column 3 |
Period of attendance | Daily allowance for person who is not
employed | Daily allowance for person who is
employed |
Attendance for less than 4 hours on day 1 if person
not selected for jury service | Nil | Nil |
Attendance for less than 4 hours on day 1 if person
selected for jury service | $50 | $50 |
Attendance for 4 hours or more on day 1 (whether or
not person selected for jury service) | $100 | $100 |
Attendance for days 2–10 | $100 | $100 |
Attendance for day 11 and onwards | $100 | $225 |
Part 2 Travelling allowance
On each day that a person is in attendance for jury service, the
person is entitled to be paid as follows for one journey each way between the
place of residence of that person, as shown on the jury roll, and the court or
coronial inquest attended:
(a) for a journey of not more than 14 kilometres—$4.30 each
way,
(b) for a journey of more than 14 kilometres but not more than 100
kilometres—30.70 cents per kilometre each way,
(c) for a journey of 100 kilometres or more—$30.70 each
way.
Part 3 Refreshment allowance
If a person serving as a juror is released by the judge or coroner
during a luncheon adjournment, the juror is entitled to be paid a refreshment
allowance of $6.60, but only if the juror does not accept any refreshment
provided free of charge.
Historical notes
The following abbreviations are used in the Historical notes:
Am |
amended |
LW |
legislation website |
Sch |
Schedule |
Cl |
clause |
No |
number |
Schs |
Schedules |
Cll |
clauses |
p |
page |
Sec |
section |
Div |
Division |
pp |
pages |
Secs |
sections |
Divs |
Divisions |
Reg |
Regulation |
Subdiv |
Subdivision |
GG |
Government Gazette |
Regs |
Regulations |
Subdivs |
Subdivisions |
Ins |
inserted |
Rep |
repealed |
Subst |
substituted |
Table of amending instruments
Jury
Regulation 2004 published in Gazette No 126 of 30.7.2004, p
6151. This Regulation has been amended as follows:
2005 | (204) | Jury Amendment (Fees and
Allowances) Regulation 2005. GG No 65 of 3.6.2005, p
1915. Date of commencement, 1.7.2005, cl 2.
|
2006 | (365) | Jury Amendment (Fees and
Allowances) Regulation 2006. GG No 84 of 30.6.2006, p
4841. Date of commencement, 1.7.2006, cl 2.
|
2007 | (290) | Jury Amendment (Fees and
Allowances) Regulation 2007. GG No 83 of 29.6.2007, p
4065. Date of commencement, 1.7.2007, cl 2.
|
2008 | (237) | Jury Amendment (Fees and
Allowances) Regulation 2008. GG No 76 of 27.6.2008, p
6079. Date of commencement, 1.7.2008, cl 2.
|
2009 | (2) | Jury Amendment (Assumed Identities)
Regulation 2009. GG No 8 of 9.1.2009, p 123. Date of commencement, on gazettal.
|
| | (246) | Jury Amendment (Fees and
Allowances) Regulation 2009. LW 19.6.2009. Date of commencement, 1.7.2009, cl 2.
|
2010 | No 55 | Jury Amendment Act
2010. Assented to 28.6.2010. Date of commencement of Sch 2 (Sch 2 [2] (except to the extent that it
inserts a note to clause 5 (4)) and [3] excepted): not in force; date of
commencement of Sch 2 [2] (except to the extent that it inserts a note to
clause 5 (4)) and [3], 1.8.2010, sec 2 and 2010 (386) LW
30.7.2010.
|
Table of amendments
Cl 4A | Ins 2009 (2), Sch 1. |
Cl 5 | Am 2008 (237), Sch 1 [1]; 2010 No 55, Sch 2
[2]. |
Sch 1 | Subst 2005 (204), Sch 1; 2006 (365), Sch 1; 2007
(290), Sch 1; 2008 (237), Sch 1 [2]; 2009 (246), Sch 1; 2010 No 55, Sch 2
[3]. |