Jury Duty WA: Pay, Rules & Excusals

What you need to know right now

Jury service in Western Australia is a legal obligation, not a choice. If you are 18 to 75 and on the WA electoral roll, you can be summoned. You must respond to the summons and attend unless you are excused or have your service deferred. Ignoring a summons without a reasonable excuse is an offence carrying an $800 on-the-spot fine and a maximum penalty of $5,000. The good news: if you are employed, your employer must keep paying your normal wages, and if you are not, you can claim an attendance fee plus, in many cases, your actual lost income.

Jury service in Western Australia: the law

Jury service in Western Australia is governed by the Juries Act 1957 (WA) and the Juries Regulations 2008 (WA). The system is run by the Sheriff of Western Australia through Jury Services, part of the Department of Justice. Each year the Western Australian Electoral Commission randomly selects names from the State electoral roll, which is why being enrolled to vote is what puts you in the pool.

Being summoned does not automatically mean you will sit on a jury. A summons requires you to attend the Jury Assembly Room (usually at the Supreme or District Court) on a set date. From the larger group who attend, a panel is brought into the courtroom and jurors are then chosen by a random ballot of numbered cards. Only twelve people (with reserves in long trials) end up on a criminal jury, so many who attend are never picked and are sent home.

The law draws a clear line between three groups: people who are eligible and must serve, people who are ineligible or disqualified and cannot serve, and people who are eligible but may be excused or have their service deferred. Where you fall depends on your age, occupation, criminal history and personal circumstances, all of which are set out in the Juries Act 1957.

Western Australia protects jurors at work. Your employer must continue to pay your usual wages while you serve and cannot sack you, demote you or treat you unfairly because you answered a summons. Separately, the State pays a statutory attendance fee and travel allowance, and people who genuinely lose income can apply to have that loss made up. These protections and payments are why, for most people, jury service is an inconvenience rather than a financial disaster.

WA jury duty: the key rules at a glance

Governed by the Juries Act 1957 (WA) and Juries Regulations 2008, run by the Sheriff of WA.
You can be summoned if you are aged 18 to 75 and on the WA electoral roll; at 75 you are no longer eligible.
Attendance fee (for those not otherwise paid): $10 for a half-day, $15 a day up to 3 days, then $20 a day after the third day.
If you lose income, you can claim your actual loss instead, capped at $1,000 a day (more only in proven hardship).
Travel allowance is 37.5 cents per kilometre each way where no public transport is available; Perth public transport fares are reimbursed.
Employers must keep paying your normal wages and cannot dismiss or disadvantage you for serving.
Ignoring a summons without a reasonable excuse: $800 infringement, maximum penalty $5,000.
Disclosing what was said in the jury room is a separate offence carrying a penalty of up to $5,000.

Worried about money, your job or a genuine reason you can't serve?

The most common worries about jury duty are financial: lost income for the self-employed, an unsympathetic employer, or a clash with caring responsibilities, health or work commitments. WA law gives you real options in every one of these situations, from claiming lost income to applying for an excusal or deferral with a statutory declaration. The trap is doing nothing and letting the summons date pass, which turns a manageable problem into an $800 fine. If you are unsure what applies to you, talk it through before the date, not after.

What to expect from jury service

Here is what typically happens once a summons arrives, depending on your circumstances:

You attend but are not chosen

Most people who turn up are not balloted onto a jury. You are usually released the same day or after a short wait, and you still claim your attendance fee and travel for the day.

You are empanelled on a trial

You attend each day, generally between about 10am and 4.30pm, until the judge discharges you or the trial ends. Most trials finish in under five days, though some run longer.

You are employed

Your employer must keep paying your usual wages for the days you serve, whether you are full-time, part-time or a casual with expected shifts. They cannot sack or penalise you for it.

You are self-employed or lose income

You can apply for a fee equal to your actual lost income, capped at $1,000 a day, with documents to back the claim. The token attendance fee is the floor, not the limit.

You ask to be excused or to defer

If you have a genuine reason, you apply in writing, usually with a statutory declaration. Service can be deferred for up to around six months or excused entirely if the ground is made out.

You ignore the summons

You can be issued an $800 infringement, escalating to a maximum $5,000 penalty and Fines Enforcement Registry action such as licence suspension. This is the outcome to avoid.

What to do now — step by step

1

Read the summons carefully and note the date, time and location, plus the deadline for any response or online registration.

2

Log in to the Jury WA portal using your summons number and date of birth to enter your bank and employment details so any payment can be made.

3

If you cannot serve, apply to be excused or to defer as soon as possible, in writing and with a statutory declaration covering your reason.

4

If you are self-employed or will lose income, gather evidence of your earnings now so you can lodge a lost-income claim within three months of serving.

5

Attend on the day if you are not excused, keep your travel details, and lodge your fee and travel claims through Jury Services after your service ends.

Mistakes to avoid

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Assuming you can just throw the summons away. Non-attendance without a reasonable excuse is an offence with an $800 fine and up to $5,000 maximum penalty, so always respond, even if only to seek an excusal.

⚠️

Thinking jury duty will cost you your wages. If you are employed, your employer is legally required to keep paying you; if you are not, you can claim an attendance fee and, in many cases, your actual lost income.

⚠️

Believing your boss can sack or punish you for serving. It is unlawful for an employer to dismiss, demote or disadvantage you because you answered a jury summons.

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Leaving an excusal or deferral request to the last minute. Apply as early as possible, with a statutory declaration if needed, rather than waiting until the day and risking a fine.

Free & low-cost help in Western Australia

Jury service itself rarely needs a lawyer, but if you are unsure about an excusal, a fine for non-attendance, or your rights at work, these official WA services can help:

Jury Services (Sheriff of WA), Department of Justice

The official office that issues summonses, processes excusals and deferrals, and pays juror fees and travel. Contact them first with any question about your summons.

Legal Aid WA

Free legal information and, in some cases, advice for West Australians. A starting point if a fine or a work dispute connected to jury service becomes serious.

Citizens Advice Bureau of WA

Low-cost and free general and legal information services across Perth and regional WA, useful for questions about your obligations and options.

Wageline (WA)

Information on WA employment rights, helpful if you believe an employer has not paid you or has treated you unfairly for serving on a jury.

Frequently asked questions — Jury Duty in Western Australia

How do I get out of jury duty in WA?

You cannot simply opt out, but you can apply to be excused or to have your service deferred if you have a genuine reason, such as ill health, caring responsibilities, pressing business or work commitments, being away, or having served recently. You apply in writing to Jury Services, usually with a statutory declaration, before the summons date. If the ground is accepted, you are either excused or given a new date up to around six months away. The key is to apply early rather than just not turning up.

How much are you paid for jury duty in WA?

If you would not otherwise be paid, the statutory attendance fee is $10 for a half-day or less, $15 a day for attendance up to three days, and $20 a day after the third day. If you actually lose income because of jury service, you can instead apply for a fee equal to your loss, capped at $1,000 a day (and more only if you can prove your loss is higher and that the cap would cause undue hardship). You can also claim travel: 37.5 cents per kilometre each way where there is no public transport, or your public transport fare for attending a Perth court. Claims must be made within three months of serving.

Can my employer sack me for doing jury duty?

No. In Western Australia it is unlawful for an employer to dismiss, demote, or otherwise disadvantage you because you have been summoned for, or have served, jury duty. Your employer must also continue to pay your usual wages for the days you serve, whether you are full-time, part-time or a casual with an expectation of work. If you believe your employer has broken these rules, you can seek help from Wageline or a legal service.

Does my employer have to pay me while I'm on a jury?

Yes. Employers must keep paying your normal wages or salary for the days you serve, so you should not be out of pocket on your usual pay. Private-sector employers can then apply to be reimbursed by Jury Services for the wages they paid you, supported by payslips and a statutory declaration. State Government employers continue your pay but cannot claim reimbursement.

How long does jury duty last in WA?

You cannot be required to attend for more than five consecutive days just for the selection process. If you are chosen for a trial, you attend each day, usually from about 10am to 4.30pm, until the judge discharges you or the trial finishes. Most trials are completed in under five days, although some complex matters run for several weeks.

What happens if I don't show up for jury duty in WA?

Failing to obey a summons without a reasonable excuse is an offence. You can be issued an $800 infringement notice, and the maximum penalty under the Juries Act 1957 is $5,000. If you do not deal with the fine, it can be referred to the Fines Enforcement Registry, which can suspend your driver's licence, garnish your wages or bank account, or take other enforcement action. Always respond to a summons, even if it is to ask to be excused.

Who is exempt or ineligible for jury service in WA?

Some people cannot serve. You are ineligible if you are over 75, or if certain occupations apply to you, such as judges, lawyers, police officers and some other public officials. You are disqualified if you have been sentenced to imprisonment for more than two years, or are an undischarged bankrupt. Others, such as people who cannot understand English, have a disability that prevents effective service, do not live in the district, or have served recently, may be excused on application.

Is there an age limit for jury duty in WA?

Yes. You can be summoned from age 18, and you are no longer eligible once you reach 75. If you are nearing or have passed that age and receive a summons, contact Jury Services so your eligibility can be checked and updated.

Can I be excused if I'm self-employed and will lose income?

Losing income is not, on its own, an automatic excusal, because the law lets you claim your actual lost income up to $1,000 a day instead. However, if serving would genuinely cause undue hardship to your business, you can raise that when applying to be excused or deferred, supported by a statutory declaration and any financial evidence. Many self-employed people choose to serve and claim their lost income rather than seek an excusal.

Am I allowed to talk about what happened in the jury room?

No. Disclosing the statements, opinions, arguments or votes made during the jury's deliberations is a separate offence under the Juries Act 1957, with a penalty of up to $5,000. The confidentiality of the jury room is taken seriously and continues even after the trial is over, so you should not discuss or publish what was said when the jury was deciding the verdict.

Sources & further reading

Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.

When jury duty turns into a legal problem

For most people, jury service is straightforward and needs no lawyer. But sometimes it overlaps with a real legal issue: a fine for non-attendance you say was unfair, an employer who has not paid you or has treated you badly for serving, or confusion about whether a disqualification or excusal applies to your situation. In those cases it is worth getting clear, practical guidance before you act. A short conversation can tell you whether you simply need to lodge a form with Jury Services, dispute an infringement, or raise an employment complaint, and can stop a small issue from escalating. If your jury summons has collided with another legal problem, it makes sense to understand your options early.

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Jury Duty in Western Australia