Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth, a State or another Territory whether instituted before or after the commencement of this section.
(2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) A person must not publish protected information.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5) Subsection (2) does not prohibit disclosing protected information—
(a) to a court; or
(b) to a royal commission or a board of inquiry; or
(c) to the director of public prosecutions, a member of the staff of the director's office or a police officer for the purpose of an investigation about an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(f) to a legal practitioner to obtain legal advice in relation to a disclosure mentioned in paragraph (a), (b), (c), (d) or (e).
(6) Subsection (3) does not prohibit soliciting or obtaining protected information—
(a) in the course of proceedings in a court; or
(b) by a royal commission or a board of inquiry; or
(c) by the director of public prosecutions, a member of the staff of the director's office or a police officer for the purpose of an investigation about an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(e) by a legal practitioner from his or her client for the purpose of giving legal advice to the client in relation to a disclosure mentioned in paragraph (a), (b), (c) or (d).
(7) Subsection (4) does not prohibit publishing protected information—
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(b) as part of a fair and accurate report of—
(i) proceedings in relation to an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations or a juror's identity; or
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or
(iii) if the protected information relates to jury deliberations—proceedings by way of appeal from the proceedings in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal; or
(iv) a statement made or information provided by the director of public prosecutions about a decision, or the reason for a decision, not to institute or conduct a prosecution or proceedings for an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity.
(8) This section does not prohibit a person—
(a) during the course of proceedings, publishing or otherwise disclosing, with the leave of the Supreme Court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the proceedings; or
(b) after proceedings have been completed, publishing or otherwise disclosing—
(i) information that identifies, or is likely to identify, the person as having been a juror in the proceedings; or
(ii) information that identifies, or is likely to identify, another person as, or as having been, a juror in the proceedings if the other person has consented to the publication or disclosure of that information.
(9) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
(10) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the director of public prosecutions or a person authorised by the director for that purpose.
(11) In this section:
"offence relating to jury deliberations" includes an offence against section 42BA (1).
"protected information" means—
(a) particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court; or
(b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings.
"publish", in relation to protected information, means communicate or disseminate the information in such a way or to such an extent that it is available to, or likely to come to the notice of, the public or a section of the public.