As a juror, you will receive an allowance if you are selected as a juror. The purpose of this allowance is to alleviate any financial difficulties you may experience as a result of serving as a juror. However, please note that the allowance is not intended to match your regular wage or salary payment. The amount you receive is determined by various factors such as the duration of the trial and your employment status. Individuals who fall under the category of not being employed, such as caregivers, stay-at-home parents, retirees, and unemployed individuals, are also included.
In addition, pursuant to Section 72 of the Jury Act, individuals who attend court or coronial inquest in response to a jury service summons are eligible for payment. However, if they attend and are granted an excuse, no payment will be made.
Regarding civil proceedings that require a trial by jury, the requesting party is responsible for the payment of scheduled fees, which are considered as part of the costs incurred in the proceedings.
The table below outlines the daily rate for jury duty payment in NSW.
Days of Trial
$106.30 a day
Days 11 to trial end
$247.40 a day
Jurors who are employed
Days 11 to trial end
$106.30 a day
Jurors who are not employed
If you only attend for a half day on the first day of jury service, you will not a payment for jury duty. Additionally, public servants receive payment from their agencies during their jury service and are not eligible for a jury payment.
Moreover, as a juror, you will also receive a travel allowance, which is calculated based on the distance between your postcode and the courthouse at a rate of 30.7 cents per kilometre.
The importance of trial by jury was clearly expressed by Deane J in passionate words in his judgment in Kingswell in the year 1985:
“The guarantee of section 80 of the constitution was not just a mere expression of some casual preference for one type of criminal trial. Instead, it reflected a deep-seated conviction of free men and women about how justice should be served in criminal cases. This conviction finds a solid basis in the complete understanding of the history and functioning of the common law. All of the rules relating to jury service in New South Wales (NSW) are regulated by the Jury Act 1977 (NSW).
When attending jury duty in NSW, it is essential to dress in appropriate attire. While there is no formal dress code, it is advisable to dress in neat and tidy clothing that is suitable for a courtroom setting. Clothing that is overly casual or revealing should be avoided.
It is recommended to wear business attire, such as a suit or dress pants and a collared shirt for men, and a dress or a skirt and blouse for women. Closed-toe shoes are also a must, and accessories should be kept to a minimum. Remember, when dressing for jury duty, you want to appear professional, respectful, and impartial.
Although serving as a juror is a civic duty, some individuals may be exempt from jury duty in NSW. The following categories of people may be eligible for an exemption:
If you fall into any of these categories, you may apply for an exemption from jury duty by filling out the appropriate form and submitting it to the Jury Services Branch.
An employer in New South Wales, is required by law to grant your employee leave to attend jury duty when summoned. The jury duty leave entitlement is covered under the National Employment Standards (NES) in the Fair Work Act 2009 and applies to all permanent and casual employees.
Under the NES, employees who attend jury duty are entitled to receive their base rate of pay for the period they are absent from work. However, an employer may request evidence of attendance at jury duty before paying the employee for their absence.
It is important to comply with the jury duty leave requirements as failure to do so could result in penalties and legal action against the employer.
If you are not eligible for an exemption, there are still a few ways to get out of jury duty in NSW. However, it is essential to note that trying to get out of jury duty without a valid reason is illegal and can result in fines or even imprisonment.
Here are some valid reasons that may enable you to apply for a deferral or excusal from jury duty:
To apply for a deferral or excusal, you must complete the relevant form and provide supporting documentation to the Office of the Sheriff.
If you are uncertain about your responsibility for jury duty or need assistance with a legal case, don’t hesitate to contact us today. We are Sydney’s most reputable criminal lawyers and can provide you with the guidance and support you need.