Commonwealth Consolidated Acts Commonwealth Consolidated ActsExcusal when Subdivision DA applies
(1) Subsections (2) and (5) apply if Subdivision DA applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.
(2) A potential juror (or an interested person on the potential juror's behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time before the potential juror is seated in the jury box under subsection 23DZJ(3).
Excusal when Subdivision DB applies
(3) Subsections (4) and (5) apply if Subdivision DB applies in relation to the provision of a jury panel to the Court for the purposes of indictable primary proceedings.
(4) A potential juror (or an interested person on the potential juror's behalf) may apply to the Sheriff for the potential juror to be excused from serving on a jury at any time within the period:
(a) beginning when the State/Territory jury official provides the jury panel to the Sheriff under section 23DU; and
(b) ending before the potential juror is seated in the jury box under subsection 23DZJ(3).
Note: See subsection 23DU(9) for when a jury panel is provided to the Sheriff.
Grounds for excusal
(5) The Sheriff may excuse the potential juror if the Sheriff is satisfied that there is good cause to excuse the potential juror because of:
(a) the potential juror's health; or
(b) undue hardship, financial or otherwise, to the potential juror, or to another person, if the potential juror is not excused; or
(c) the potential juror's recent service on a jury in any jurisdiction in Australia; or
(d) substantial inconvenience to the public resulting from the potential juror serving on the jury; or
(e) the potential juror's inability, in all the circumstances, to perform the duties of a juror to a reasonable standard.
Note: For paragraph (e), the Sheriff must have regard to the Disability Discrimination Act 1992 .