What happens if you miss jury duty in Australia

A juror's function is to hear the evidence in a court case, to apply the law as directed by the judge and to decide if a person is guilty or not guilty of a crime.

For most cases in Australia, there are 12 people on a jury, but in some cases in some states, there are 15.

And if you're on the electoral roll in Australia you can be randomly selected for jury duty.

There are some reasons you can miss jury duty - but you need to clear it with court bosses.

READ MORE: From Wikileaks to plea deal: Julian Assange's legal saga timeline

What is a valid reason for not attending jury duty in Australia?

If you are summoned for jury duty you have to attend unless you have a valid reason that is accepted by officials.

The rules vary between Australian states and territories.

Generally, if you've served a jail sentence or are still under some kind of court order you will be excused from jury duty.

That rule expires after a certain amount of time, which varies depending on the state or territory.

Those who work in law or the prison service also don't have to do jury duty.

You need to be able to read and understand English to carry out the duty and must apply for an exemption if you can't.

All states and territories allow the excuse of having an illness or disability to be applied, but you have to tell officials and may need a medical certificate.

If you have an age-related issue or are over 70 you can generally also ask to be taken off the list, too.

READ MORE: What is going on with Australia's vaping laws?

And if you have travel plans when you are called, you can apply for an exemption - but you may need to send proof of your bookings.

Other states also outline their own specific rules.

In NSW, sole traders or people taking care of children can also apply for an exemption.

Even transport difficulties could allow you permission not to carry out the duty in that state.

Aussies who live more than 65km from the courthouse can also ask to be excused in NSW.

Some workers who can also be asked to be excused in NSW include dentists, pharmacists, medics, emergency service staff and carers.

Meanwhile, Queensland's rules exclude anyone aged over 70, police officers and former police officers as well as members of the defence force.

READ MORE: Why is Australia so successful at the Olympics?

READ MORE: Just how unaffordable is housing? For one group, it's impossible

Some states also allow you to ask to defer jury duty until later.

In WA, jurors may apply to defer their attendance once, for a maximum of six months.

You can also get out of it if you've completed jury service in the past five years in WA.

But SA only allows you to be excused if you have served as a juror during the past three years, while in Queensland it's one year.

Pregnancy is also mentioned in several jurisdictions, including the ACT and NSW, as a reason you can apply for an exemption.

Interestingly, in the ACT residents of Jervis Bay territory are exempt - as well as doctors, police officers and emergency service workers.

You can apply for an exemption if you are a teacher, practising nurse or a religious minister there.

NT also has exemptions for aircraft paramedics, dentists, clergy people and NT Police officers.

Tasmania allows you to defer duty due to illness, family responsibility or other "prior arrangements".

You must make a statutory declaration to apply for it, and you might be excused for good.

Plus, it's illegal for your employer to fire or penalise you for doing jury service anywhere in Australia.

You or your employer - depending on the jurisdiction- can apply for a work-related excuse.

What happens if you miss jury duty in Australia?

While you can apply for an exemption, you need to have your absence cleared.

If you don't attend jury duty without a reason, here's what each state and territory says the current penalties are.

WA: Up to $5000 fine

Queensland: Up to $1613 fine, two months prison.

NSW: Up to $2200 fine, plus up to $5500 fine for providing false information

SA: Up to $1250 fine

ACT: Up to $1100 fine

NT: Up to $740 fine

Tasmania: Up to $6060 fine, three months prison

How much do I get paid for jury duty in Australia?

It might not be as much as you get paid in your regular job.

NSW pays $106.30 a day for the first 10 days.

After that people who have employment get $247.40 a day and those who don't get $106.30.

Queensland says it pays $143.40 per day for people selected as jury members.

In WA, your employer is required to continue to pay your usual wages while you attend jury service.

If you're self-employed, you can submit a claim for lost income.

In SA, you get paid $20 to attend court, and $158 if you're chosen for the jury.

In the ACT, public servants should receive their normal salary whilst on jury duty.

For other jobs, your employer is required to make up the difference between your jury payments and your normal basic pay for the first 10 days of jury service.

In the NT, if you attend but are not selected you get $22.80. For shorter trials, you get paid $68.40 a day, or $136.80 for longer trials.

In Tasmania employed people get $271.72 a day while unemployed people are paid $40 a day, then $50 after three days.

Travel, childcare costs and meals can be reimbursed, with the rules varying slightly between jurisdictions.

Watch every moment, every medal of the Olympic Games Paris 2024 live and free on Channel 9 and 9Now. Plus, every event ad-free and in 4K on Stan Sport.