Jury Act 1977
Section 72 of the Jury Act provides that persons who attend a court or coronial inquest pursuant to a summons for jury service are entitled to payment.
However, there is no such entitlement where they attend and successfully apply to be excused.
In relation to civil proceedings heard pursuant to a party’s requisition for a trial by jury, the party who made the request is liable for payment of the scheduled fees. Those funds are considered “costs in the proceedings”.
Jury Regulation 2015
Schedule 1 of the Jury Regulation prescribes the following allowances for jury service:
- Attendance allowance
|Period of attendance
|Daily allowance for non-employed juror
|Daily allowance for employed juror
|Less than 4 hours where not selected for jury service
|4 hours or more where not selected for jury service
|1 – 10 days
|11 days onward
- Travel allowance
On each day of attendance for jury service, jurors are entitled to one return journey between the court or coronial inquest and their address on the jury roll at the following rates:
- Not more than 14km – $4.35 each way
- 14km to 100km – 30.7 cents per kilometre each way
- More than 100km – $30.70 each way
- Refreshment allowance
Jurors are entitled to a refreshment allowance of $6.95 on each day they are released for lunch, but only if they do not accept free refreshments.
It is important to note that the attendance allowance is subject to section 6 which, among other things, sets out the rules for the payment of employed persons.
In that regard, section 6(3) states that persons who are employed during the period of jury service are only entitled to an allowance if:
- their full wage, salary or income is reduced during the period due to jury service, and if so only to the extent of the reduction, or
- they are not paid any wage, salary or income during the period, or
- they are required to reimburse the jury allowance to their employer.
Section 6(6) defines an employed juror as one who is employed on a full time, part time or casual basis, or self-employed or an independent contractor.