We haven't reached a verdict your Honour

Changes to the industrial relations legislation are likely to further erode the right to a fair trial according to the NSW Law Society.

The Government has removed the right of employees to seek compensation from employers when called to serve on a jury and made it part of the process of contract negotiation.

It doesn't take an employment lawyer to realise that when it comes to nutting out the various points in an employment contract, jury duty will not sit high on the list of priorities. This means that all employees who are called up for jury duty will be entitled to is the State's minimal allowance — currently $81.60 per day.

You can well imagine the hardship this could cause especially when the trial could run for many weeks. People will find they just can't afford to sit on a jury and they'll seek exemption. A likely outcome will be a significant reduction in the pool of available jurors.

The only people who will be willing and able to sit on a jury, will be students, the retired and the unemployed. A jury should be composed of as wide a cross-section of the community as possible.

This is just one of the implications when a piece of legislation as important as this is rushed through Parliament without time for adequate scrutiny or public debate.

Due to the planned removal in NSW of the need for a unanimous decision, now is the time for a full review of the Jury Act, including jurors' allowances, eligibility and exemptions.

John McIntire is the President of The Law Society of NSW.