Jury Duty in NSW

If you receive a jury summons in NSW, you must respond to it. You cannot simply ignore it. You may be able to be excused, exempted or have your service deferred if you have proper grounds under the Jury Act 1977 (NSW), but you need to apply to the NSW Sheriff’s Office, generally at least 10 business days before your attendance date, with supporting documents. Failing to attend without a valid reason is an offence and can result in a fine. Jurors who serve are paid an attendance allowance set under the Jury Regulation 2022 (NSW). Residents of Hornsby and the Upper North Shore are usually summoned to District Court or Supreme Court venues such as Parramatta or the Sydney CBD, because Hornsby Local Court does not run jury trials. If you are unsure about your obligations, or the Sheriff has refused your application, you should obtain legal advice promptly, as time limits apply.

What is jury duty?

Jury duty (also called jury service) is the civic obligation to attend court and, if selected, sit as a member of a jury. In NSW, juries decide the facts in most serious criminal trials in the District Court and Supreme Court, and in some civil cases such as defamation. Under section 5 of the Jury Act 1977 (NSW), every person enrolled as an elector for the NSW Legislative Assembly is qualified and liable to serve as a juror, unless they are excluded or exempt. There is no upper age limit on jury service in NSW.

Key terms explained

Term	Plain English meaning
Jury summons	A formal notice from the NSW Sheriff’s Office requiring you to attend court for jury selection on a set date.
Jury roll	The list of people in a jury district, drawn randomly from the electoral roll, from which jurors are summoned.
Excluded	Not allowed to serve at all under Schedule 1 of the Jury Act, for example because of certain criminal convictions or particular occupations.
Exempt as of right	Entitled to claim exemption under Schedule 2 of the Jury Act, for example clergy, some medical practitioners and emergency services workers.
Excused (good cause)	Released from a particular period of service because attending would cause undue hardship or serious inconvenience (section 14A).
Deferral	Moving your jury service to a later date within the summons period rather than being excused entirely (section 14B).
Empanelment	The selection process at court where jurors for a specific trial are chosen by ballot from the panel of people summoned.
Sheriff	The NSW Sheriff’s Office, which administers jury rolls, summonses, excusal applications and juror payments.

What should I do when I receive a jury summons? Step by step

1. Read the summons carefully. Note the court location, attendance date and your juror number. Do not put it aside; deadlines run from the dates on the document.
2. Decide whether you will serve, or whether you have grounds to be excluded, exempted, excused or deferred. Wanting to avoid it, or general inconvenience, is not enough on its own.
3. If you have grounds, apply to the Sheriff’s Office as soon as possible, and at least 10 business days before your attendance date, through the juror portal or in writing. Attach supporting documents such as a medical certificate, proof of travel bookings or evidence of caring responsibilities.
4. Tell your employer promptly. Employees have protections in relation to jury service, and employers have obligations that may include make-up pay for eligible employees under the Fair Work Act 2009 (Cth). Check your award, agreement or HR policy.
5. If your application is refused and you disagree, get legal advice quickly. Certain Sheriff determinations can be appealed to the Local Court within 21 days of being notified (section 15 of the Jury Act).
6. If you must attend, plan your travel to the listed court, bring your summons and identification, and follow the directions of Sheriff’s officers on the day. If you are not selected after making yourself available, you are generally exempt from further jury service for 12 months.

Excluded, exempt, excused or deferred: which applies to you?

Category	Who it may cover	What you need to do
Excluded (Schedule 1)	People with certain criminal convictions (some for life, such as offences carrying life imprisonment, terrorism offences and certain sexual offences), people in custody or awaiting trial, undischarged bankrupts, people with a disqualified driver licence, and people in certain roles such as NSW Police officers and some high public offices.	Notify the Sheriff of the exclusion when you respond to the notice or summons. Exclusion is not optional; excluded people cannot serve.
Exempt as of right (Schedule 2)	Categories listed in Schedule 2, including clergy, some health practitioners, emergency services workers, people who reside with and provide full-time care to a person who is sick, infirm or disabled, and people with recent prior jury service.	Claim the exemption in your response to the Sheriff. You can choose to serve anyway if you wish.
Excused for good cause (ss 14 and 14A)	People for whom service would cause undue hardship or serious inconvenience, for example due to health, sole care of dependants, pre-booked travel or critical work circumstances. A conflict of interest, or another reason affecting your ability to perform a juror’s functions (which in practice can include difficulty understanding English), may also amount to good cause.	Apply to the Sheriff with supporting documents at least 10 business days before your attendance date. Each application is assessed case by case.
Deferral (s 14B)	People who can serve, just not on the summoned date, for example because of exams, a project deadline or short-term caring arrangements.	Request a deferral to a later date within the permitted period. Deferral is not available once a trial has commenced.

Note: whether a particular ground succeeds depends on your circumstances and the evidence you provide. The Sheriff can require verification, and providing false or misleading information to avoid jury service is a serious offence.

How much are jurors paid in NSW?

Jurors who are selected and serve are paid an attendance allowance set under the Jury Regulation 2022 (NSW). The allowance is intended to reduce financial hardship; it is not a replacement wage. As a guide, published rates have been around $106.30 per day for roughly the first two weeks of a trial, increasing to around $247.40 per day for employed jurors (including the self-employed) on longer trials, plus a travel allowance of about 30.7 cents per kilometre up to 100 kilometres. These figures change from time to time, so confirm the current rates on the NSW Sheriff’s Office website before relying on them. Public servants are paid by their agencies instead, and no allowance is payable if you attend only to ask to be excused.

What happens if I ignore a jury summons?

Ignoring a jury summons is not a safe option. Failing to attend in answer to a summons without a reasonable excuse is an offence under the Jury Act 1977 (NSW) and can result in a fine. Providing false or misleading information to the Sheriff to avoid service carries more serious penalties. If you have already missed a date, do not wait: contact the Sheriff’s Office, and consider getting legal advice about how to respond, especially if you have received a penalty notice or court attendance notice.

Documents to prepare

• Your jury summons or notice of inclusion on the jury roll, including your juror number.
• Photo identification for attendance at court.
• For medical grounds: a current medical certificate or letter from your treating practitioner explaining why you cannot serve.
• For carer grounds: evidence of your caring responsibilities, such as a letter from a doctor or support agency.
• For travel grounds: booking confirmations made before the summons was issued.
• For work or financial hardship grounds: a letter from your employer or evidence of your business circumstances (for example, that you are a sole trader with no cover).
• For self-employed jurors claiming the employed rate: documents confirming your self-employment.
• If appealing a Sheriff determination: the Sheriff’s written decision and the date you were notified of it.

What not to do

1. Do not ignore the summons or assume it will lapse. It will not.
2. Do not guess or exaggerate on an excusal application. Statements may need to be verified, and false information is an offence.
3. Do not leave your application to the last minute. Aim for at least 10 business days before the attendance date; late applications may have to be made in person at court.
4. Do not resign or take unpaid leave without first checking your workplace rights. Employers must not dismiss or disadvantage an employee because of jury service.
5. Do not discuss a trial you are serving on with anyone, or research the case online. Juror misconduct carries its own penalties.
6. Do not assume a refused application is final. Some determinations can be appealed to the Local Court within 21 days, so act quickly.

Frequently asked questions

Do I have to respond to a jury summons in NSW?

Yes. A jury summons is a formal legal document. You must either attend on the listed date or apply in advance to be excluded, exempted, excused or deferred. Failing to attend without a reasonable excuse is an offence.

Can I get out of jury duty because of work?

Sometimes. Ordinary inconvenience to your employer is generally not enough, but genuine undue hardship, for example a sole trader with no one to run the business, may amount to good cause under section 14A. You will need supporting evidence, and each application is decided case by case.

Is there an age limit for jury service in NSW?

No. Any person enrolled to vote in NSW can serve as a juror regardless of age, unless excluded or exempt. Some other jurisdictions have age-based rules, but NSW does not.

How long does jury service last?

It depends on the trial. Many trials run days to a few weeks, though some run longer. If you attend and are not selected, your attendance is usually complete that day, and you are generally exempt from further service for 12 months.

Does my employer have to pay me during jury duty?

Employees covered by the Fair Work Act 2009 (Cth) may be entitled to make-up pay from their employer for a period of jury selection and service, subject to conditions. Entitlements vary depending on your employment type, award or agreement, so check your specific position. Employers must not dismiss or otherwise disadvantage you because you are summoned or serve.

Can I defer my jury service instead of being excused?

Yes, in many cases. Deferral under section 14B allows your service to be moved to a later date within the permitted period, which the Sheriff often prefers over a full excusal. Deferral is not available once the relevant trial has commenced.

Will I serve at Hornsby Local Court?

No. Local Courts, including Hornsby Local Court, deal with summary matters and do not conduct jury trials. Jurors living in the Hornsby area are typically summoned to District Court or Supreme Court venues, most commonly Parramatta or the Sydney CBD, depending on the jury district and court lists.

What if the Sheriff refuses my application to be excused?

You may be able to appeal certain determinations to the Local Court within 21 days of being notified, or attend court on your summons date and ask the judge to excuse you under section 38. Legal advice can help you decide which pathway suits your circumstances, and time limits apply.

Jury duty and the Hornsby area

Caspian Legal assists clients in Hornsby and surrounding Upper North Shore suburbs, including Waitara, Asquith, Wahroonga, Thornleigh and Pennant Hills, with court-related questions, including jury summons obligations, excusal and deferral applications, and appeals against Sheriff determinations. Because jury trials for our area are generally listed at Parramatta or in the Sydney CBD, travel time and work disruption are common concerns for local clients, and these practical factors are often relevant to a properly documented application. Caspian Legal is based at 22–28 Edgeworth David Avenue, Hornsby NSW 2077, a short walk from Hornsby station.

What happens in a first consultation?

In a first consultation about a jury service issue, a solicitor will review your summons and any correspondence from the Sheriff’s Office, identify whether you fall within an exclusion, exemption, good cause or deferral category, explain the evidence you would need, and outline your next steps and deadlines. If you have received a penalty notice or a refusal, we can explain the options for responding or appealing. We can explain your options; we do not promise particular outcomes.

Speak with a solicitor before your attendance date

If you have received a jury summons and are unsure of your obligations, or you want help preparing an excusal, deferral or appeal, contact Caspian Legal on 02 7264 3200, visit caspianlegal.com.au to make an enquiry or book a consultation, or drop in to our office at 22–28 Edgeworth David Avenue, Hornsby NSW 2077. Time limits apply, so it is best to act as soon as you receive the summons.

This article is general information only and is not legal advice. Laws, rates and procedures change, and how they apply depends on your circumstances. You should obtain legal advice about your specific situation before acting.

Sources

• Jury Act 1977 (NSW), legislation.nsw.gov.au/view/whole/html/inforce/current/act-1977-018 (including ss 5, 14, 14A, 14B, 15, 38 and Schedules 1 and 2).
• Jury Regulation 2022 (NSW), via legislation.nsw.gov.au.
• NSW Sheriff’s Office, sheriff.nsw.gov.au (excusal applications and payment for jury service pages).
• NSW Courts and Tribunals, courts.nsw.gov.au (for jurors).
• Fair Work Act 2009 (Cth) and fairwork.gov.au (jury duty and employee entitlements).