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Jury duty can be a complex topic, especially when it comes to how it affects pay and leave balances. Below, we break down employer responsibilities, employee entitlements, and how much jury duty pays for each Australian state and territory.
Jury duty (also known as jury service) is a type of community service leave. Any employee (casual, part-time or full time) can take leave to attend jury selection and jury duty. When taking a jury duty leave, one serves on a jury for a specific period as part of their civic duty to ensure fair and impartial trials.
Employees need to advise their employers of the period or expected period of leave as soon as possible. If they request leave, they need to provide a certificate of service as proof of jury selection or jury duty attendance.
Most employees are entitled to paid jury duty leave. However, the specific amount of paid leave may vary depending on the employee’s classification (e.g., full-time, part-time, casual) and the applicable modern award.
If an employee’s paid jury duty leave is exhausted, they may be entitled to unpaid jury duty leave.
According to Fair Work standards, full-time and part-time employees are generally entitled to “make-up pay” for the first 10 days of jury selection and duty. This is the difference between their regular wages and any jury duty pay received from the court (excluding allowances).
To receive make-up pay, employees must provide their employers with:
If the employee canโt provide evidence, they wonโt be entitled to make-up pay. Casual employees donโt get paid for jury duty under the National Employment Standards but might be entitled to payment under state or territory laws.
The amount of pay received for jury duty in Australia can vary depending on several factors, including:
Generally, jury duty pay is intended to compensate employees for lost wages. It covers the difference between the employee’s regular wages and the amount they receive from the court.
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If you are selected as a juror in New South Wales, you will receive an allowance. This is not meant to be equal to your regular wage or salary payment.
The amount you are paid depends on the length of the trial and whether you are employed or not. People who are not employed include carers, stay-at-home parents, retirees, and unemployed people.
The current daily rate for NSW jury service allowance is:
If you attend for half a day on the first day, no allowance is payable.
Public servants are paid by their agencies while they are completing jury duty and are not entitled to jury payment.
As a juror you are also paid a travel allowance, calculated on the distance from your postcode to the courthouse at 30.7 cents per kilometre.
Source: courts.nsw.gov.au
Juror payments in Victoria are $40 per day for the first 6 days and $80 for every day thereafter.
For full time, part-time and casuals with predictable hours, employers must pay the difference between the juror payments and what the employee would have been expected to earn, including any penalties, allowances or loading.
These payments must be made for the entirety of the employee’s jury service.
Jurors for Melbourne courts are not reimbursed for travel costs.
However, VIC jurors summoned to a regional court who need to travel more than 8km to court are issued with a travel allowance. Mileage is paid for each kilometre over the first 8km and is only paid one way.
Source: juriesvictoria.vic.gov.au
Jurors in Queensland are paid an allowance for going to court each day or part-day. You’re paid more if you’re empanelled juror on a trial.
You are also given a meal allowance where lunch isn’t provided and a travel allowance for your travel to the courthouse.
You may be entitled to the following allowances:
*See Jury Regulation 2007 for details about the schedule of fees.
If you catch public transport, you will be reimbursed for your fees. The reimbursement amount will be based on your primary place of residence to the closest public transport facility.
If public transport is not reasonably available or can’t be reasonably used, you can claim a private motor vehicle allowance.
Source: courts.qld.gov.au
Jurors in South Australia are paid $20 for each day of attendance, regardless of how long the attendance is each day.
A travel allowance of 79c per kilometre is paid and calculated from the juror’s residence to the court and return for each day’s attendance.
If a juror suffers a monetary loss or incurs expenditure as a direct result of jury service (i.e. lost wages, employing a person to cover their absence at work if self-employed or the cost of child care outside of usual arrangements) they can claim the actual amount to a maximum of $144 on top of the $20 payment for each dayโs attendance.
Source: courts.sa.gov.au
In Western Australia, employers must continue to pay their employees their wages or salary whether the employee is full-time, part-time or casual.
Standard fees payable for jury attendance, according to the regulations are:
If the summoning officer is satisfied that a person doing jury service in WA has lost more money from sitting on a jury than the official fee allows for, the summoning officer may pay the person a fee that equals that loss. The fee payable cannot exceed $1,000 per day unless the summoning officer is satisfied that the personโs lost income is greater $1,000 per day and not paying a fee equal to the loss would cause undue hardship to the person.
An employer may seek to be reimbursed for the fees payable to their employee who has completed jury duty, where the employer can demonstrate they have sustained a monetary loss greater than the fee.
A travelling allowance is given to all jurors, based on the public transport costs to and from the jurorโs normal place of residence and the court.
In regional areas where there may be no public transport, a juror may claim for a reimbursement of kilometres travelled to the court.
Source: www.wa.gov.au
Tasmanua jurors who are employed are paid up to a maximum of $257.84 per day for jury service. They must supply evidence from their employer that they have lost salary whilst at court on jury duty.
Unemployed persons are paid $25.00 for each half-day they attend court; $40.00 for each of the first three full days they attend and $50.00 for each full day they attend thereafter.
If the jury retires to consider its verdict, the court will provide meals.
Jurors are reimbursed for travel costs that they incur while on jury duty.
Car parking fees are also paid on the production of receipts.
Jurors are paid at the following rate per kilometre travelled whilst on jury service:
The distance is calculated from your place of residence to the courthouse by the shortest practicable route.
If you travel by public transport, keep your bus tickets as they will be refunded.
Source: supremecourt.tas.gov.au
The amount you will be paid for jury duty in the Australian Capital Territory is set out in the current Juries (Payment) Determination.
For private-sector employees, other than casuals, your employer is required by the National Employment Standards to make up the difference between your jury payments and your normal basic pay for the first 10 days of jury service.
If you are receiving a government pension, you will need to declare the jury payment to Centrelink as it will be considered as โincomeโ.
Public servants should receive their normal salary whilst on jury duty. Your payment for jury service will include:
Source: ACT Courts
Persons summoned to attend for jury service in the Northern Territory should ascertain whether they will be paid by their employer and/or if they will be required to use leave entitlements by reason of attending for jury service.
Employees who continue to receive ordinary pay or who have no deduction from leave entitlements are ineligible for payment.
The payment for NT jurors is as follows:
If it is proved to the satisfaction of the Sheriff that as a result of attendance on a day, or part day, a juror has suffered financial loss, the juror is entitled to receive an additional amount for that attendance of up to:
Source: NT Supreme court
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Yes, you can say no to jury duty in Australia. Under the Jury Amendment Act 2010, you may be excused from jury duty if you can demonstrate “good cause.” This includes the following:
If you fall under either situation, you should provide supporting documents to the court. If you are granted an exemption, you will not be required to serve on a jury at that time. However, you may still be eligible for jury duty in the future.
Do you pay tax on jury duty in Australia?
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