Jury Duty in Australia: Employer Pay and Protections

Victoria, New South Wales and Tasmania, among other states, protect a juror from being dismissed for attending jury service. On pay, a federal rule in the Fair Work Act 2009 (Cth) gives non-casual employees of national-system employers their base pay for the first 10 days of jury service in every state, and Victoria goes further than any other state examined.

Information last verified on 21 July 2026 against the primary legislation and, where noted, the relevant government agency page. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers jury service employer obligations in Victoria and New South Wales, verified 21 July 2026 against the Juries Act 2000 (Vic), the Jury Act 1977 (NSW), the Jury Regulation 2022 (NSW), and the Juries Victoria website. It also states the federal Fair Work Act 2009 (Cth) jury service pay rule, which applies in every state. It does not cover South Australian state-law protections or Western Australian or South Australian juror payment rates.

Jury duty is compulsory, and every state protects against dismissal

Every Australian state and territory can compel an eligible adult to attend for jury service once summoned, subject to a list of statutory exemptions and excusal grounds that differ by jurisdiction. What every state examined has in common is a baseline protection against an employer punishing a person for attending: dismissing them, demoting them, or otherwise prejudicing their employment because they were summoned. Pay works in two layers. A federal minimum, explained next, applies to non-casual employees of national-system employers in every state; beyond it, states differ on whether the employer must keep paying a juror's ordinary wage on top of whatever the government pays the juror directly.

The federal rule: up to 10 days' make-up pay in every state

Section 111 of the Fair Work Act 2009 (Cth) is part of the National Employment Standards. It applies to an employee who is absent because of jury service and is not a casual employee. The employer must pay the employee at their base rate of pay for their ordinary hours in the period. The employer may ask for evidence of the jury pay received, and if it does, the payment is reduced by that amount. The employer only has to pay for the first 10 days of absence for a particular jury summons.

The employee must notify the employer of the absence as soon as practicable and, if asked, give evidence of the jury service (s 110). Because it is federal, this rule applies in every state and territory, but only to national-system employees. Some employees are outside the national system, including some state public sector employees and, in Western Australia, employees of sole traders, unincorporated partnerships or trusts, and some not-for-profits. The rule is a minimum, and a state law that gives jurors more, as Victoria's does, still applies (s 112).

Victoria: the employer must make up the difference, and the duty overrides the contract

Victoria has the strongest employer pay obligation of the states examined on this page. Section 52 of the Juries Act 2000 provides that an employee who has been summoned and has attended court, whether or not they actually served on a jury, "is entitled to be reimbursed by his or her employer an amount equal to the difference" between the government juror payment under section 51 and what the employee could reasonably have expected to earn from the employer for that period. Critically, section 52(2) opens with the words "despite any inconsistent term in a contract of employment," meaning an employer cannot contract out of this duty. Unlike the federal rule, section 52 is not limited to the first 10 days and is measured against what the employee could reasonably expect to earn, not only the base rate. Juries Victoria's own guidance confirms the obligation applies "regardless of its length" of jury service "and applies no matter the size of the business" the juror works for, and states it overrides both the Fair Work Act 2009 (Cth) and enterprise bargaining agreements. The direct government payment itself, under section 51, is fixed by notice in the Government Gazette; as published by Juries Victoria and fetched on 21 July 2026, the rate is $40 per day for the first six days of attendance and $80 per day after that. Because this rate is set administratively rather than in the Act itself, a reader should confirm the current figure on the Juries Victoria site before relying on it for a specific calculation.

New South Wales: dismissal protection on top of the federal pay rule

New South Wales takes a narrower approach. Section 69 of the Jury Act 1977 makes it an offence for an employer to dismiss an employee, injure them in their employment, or alter their position to their prejudice, because they were summoned to serve as a juror, and it reverses the onus of proof onto the employer once the other facts are established. Section 69A adds further protection: an employer must not require an employee to use paid leave to cover a jury summons, must not require the employee to work on a day they are serving as a juror, and must not require the employee to make up lost hours because of jury service. The NSW Sheriff's Office says the Jury Amendment Act 2024 defines an employee for these purposes as anyone employed full-time or part-time, or who has been a regular casual employee for the past 12 months, and that an employer who breaches these laws can be fined $22,000 (corporation) or $5,500 (individual) under section 69 of the Jury Act 1977. Neither provision requires the employer to keep paying the employee's ordinary wage, but the federal rule above still applies: the NSW Sheriff's Office notes that under section 111 of the Fair Work Act an employer must pay full-time and permanent part-time staff for the first 10 working days of jury service. Jurors are also paid an allowance by the state. According to the NSW Sheriff's Office, it is $106.30 per day for days 1 to 10 (payable to both employed and non-employed jurors), rising to $247.40 per day from day 11 onward for a juror who is an employed person (a non-employed juror continues at $106.30). The Sheriff's page was last updated on 20 August 2025, so check the current NSW jury information before relying on the exact figure.

South Australia: the federal rule applies

The federal 10-day rule in section 111 of the Fair Work Act applies to national-system employees in South Australia as in every other state. This page does not review South Australian state jury law, so it does not say whether that law adds any further pay entitlement or employment protection. A South Australian reader should check with the South Australian courts, the Legal Services Commission of SA or a local legal practitioner.

Rates this page does not state

This page does not state juror daily payment rates for Western Australia or South Australia. A reader in either state should check the relevant state courts website for the current rate rather than assuming it matches Victoria's or New South Wales's figures.

What none of this means for a specific reader

Nothing on this page should be read as telling a specific reader they will be excused from jury service, or that a specific pay outcome is guaranteed. Eligibility exclusions (commonly covering legal practitioners, police officers, sitting judicial officers and people with certain criminal history) and age-based exemptions (such as an upper age limit in some states) differ by jurisdiction and by the individual juror's circumstances, and whether a specific financial hardship or health ground justifies an excusal is a decision made by the relevant jury administration body on the facts of the application, not something this page can predict.

This page is general legal information about everyday law in Australia, verified on 21 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own circumstances, consult a legal practitioner admitted in the relevant Australian state or territory.

Frequently Asked Questions

Does my employer have to pay my full wage while I serve on a jury in Victoria?

Yes, in substance. Section 52 of the Juries Act 2000 (Vic) requires the employer to reimburse the difference between the government juror payment and what the employee would otherwise have earned, and this duty overrides any inconsistent term in the employment contract.

Does my employer have to pay my full wage while I serve on a jury in New South Wales?

Partly. Under section 111 of the Fair Work Act 2009 (Cth), a national-system employer must pay a full-time or part-time employee their base rate for ordinary hours for the first 10 days of jury service, less any jury pay received if the employer asks for evidence of it. Casual employees are not covered by that rule. New South Wales law protects a juror from dismissal and from being pressured to use paid leave under sections 69 and 69A of the Jury Act 1977, but does not require the employer to keep paying after those 10 days. Jurors are also paid a daily attendance allowance by the state.

How much does Victoria pay jurors per day?

As published by Juries Victoria and fetched on 21 July 2026, $40 per day for the first six days of attendance and $80 per day after that, under section 51 of the Juries Act 2000 (Vic). Confirm the current rate on the Juries Victoria website before relying on it.

How much does New South Wales pay jurors per day?

Under Schedule 1 of the Jury Regulation 2022 (NSW), $106.30 per day for days 1 to 10, and from day 11 onward, $106.30 for a non-employed juror or $247.40 for an employed juror. These are the figures published by the NSW Sheriff's Office (page last updated 20 August 2025); confirm currency before relying on them.

Can my employer fire me for being on jury duty?

No, in the states examined on this page. Victoria, New South Wales and Tasmania prohibit dismissing, threatening or otherwise prejudicing an employee because they were summoned for or attended jury service.

Does South Australia require an employer to keep paying an employee on jury duty?

For the first 10 days, the federal rule applies: under section 111 of the Fair Work Act 2009 (Cth), a national-system employer must pay a non-casual employee their base rate for ordinary hours, less any jury pay received if the employer asks for evidence of it. This page does not review South Australian state jury law, so check with the South Australian courts or a local legal practitioner for any further entitlement.