1. Introduction: Jury Duty Pay in Australia

When your employee gets called up for jury duty, it’s not just a matter of them being absent for a few days. For employers in Australia, complying with jury duty obligations is a legal must, not a “nice-to-do.” With complex laws that vary by state and evolving payroll requirements like Single Touch Payroll (STP) Phase 2, there’s a lot more to this than just adjusting someone’s work roster.

Failing to handle jury duty leave correctly can result in penalties of up to $22,000, damage to your reputation, and unhappy employees. Employers must not only offer time off but also provide “make-up pay” and report this leave properly to the Australian Taxation Office (ATO). And here’s the kicker: every state and territory has its twist on how jury duty is paid and handled.

This blog is your go-to guide. We’ll break down everything, from state-specific court payments, employer reimbursement forms, and exemptions, to how software like BetterPayroll can automate your compliance. Whether you run a café in Adelaide or manage a corporate team in Sydney, this is the must-read playbook for 2025.

2. Understanding Jury Duty Leave

Jury duty is one of those civic responsibilities that pops up unannounced, and under the Fair Work Act 2009, employees have the legal right to fulfill it. The catch? Employers must not penalize them for it. That means no threats, no cutting hours as retaliation, and definitely no denying their leave request.

So, what exactly is jury duty leave?

Jury duty leave allows an employee to be absent from work so they can attend court as a juror. It’s unpaid under the national law, but things get interesting when we layer in state-level laws that often essentially require “make-up pay”; you need to top up their court payment to ensure they receive their usual salary.

Who’s Eligible?

Any full-time, part-time, or even long-term casual employee summoned for jury duty may be entitled to:

Unpaid time off work
Make-up pay (depending on state laws and their employment status)
Protection against unfair dismissal or adverse action

Notably, casual workers in some states like Victoria and Queensland may still be entitled to make-up pay if they’ve worked regularly for six months or more. Employers often overlook this and pay the price.

3. Employer Obligations Under the Fair Work Act 2009

Let’s get to the nuts and bolts of it. Under the Fair Work Act, employers are legally required to:

Grant unpaid leave to employees summoned for jury duty
Refrain from taking adverse action against employees for attending jury duty
Pay make-up pay for the first 10 days of absence in most states (more in some)

What is Make-Up Pay?

Make-up pay means that if an employee’s regular daily wage is higher than the court’s jury payment, the employer must cover the difference. For example, if your employee normally earns $300/day and the court pays $106.30/day, you must pay them $193.70/day for each of the first 10 days.

Penalties for Non-Compliance

If you discourage jury service or pay incorrectly, you could face fines up to $22,000. That’s not pocket change. Moreover, employees can lodge complaints, and the Fair Work Ombudsman won’t go easy on employers who ignore their obligations.

4. State and Territory Specific Requirements

Australia doesn’t operate on a one-size-fits-all model when it comes to jury duty pay. Each state and territory has unique rates, allowances, exemptions, and even forms for employers to fill out. Let’s quickly outline why this matters:

In NSW, make-up pay is compulsory for the first 10 days for FT/PT employees.
In Victoria, employers must top up wages for the full trial, regardless of length.
In QLD, you can claim reimbursement, but only if you submit Form 6 within 14 days.
In WA, there’s a $1,000/day claim if an employee loses income.
In SA, business owners and self-employed individuals can claim business losses.
In ACT, full wage top-ups are required for the entire trial, not just 10 days.

Ignoring these regional details can land you in deep water, especially when it comes to payroll compliance and accurate reporting via STP.

5. New South Wales (NSW)

If you’re an employer in NSW, you’ve got some very specific obligations. Here’s how it works in 2025:

Court Payments and Allowances

Employee Status	Days 1–10	Days 11+	Travel
Full-time/Part-time	$106.30/day	$247.40/day	30.7¢/km
Self-employed/Casual	$106.30/day	$106.30/day	30.7¢/km

Travel is calculated from home to court.

Employer Obligations

If your full-time employee earns $300 per day and receives $106.30 from the court, you must cover the difference:

$300 – $106.30 = $193.70/day (your responsibility for the first 10 days)

Self-employed individuals and casual workers aren’t entitled to top-ups unless ordered by the court. However, casuals working regularly for more than six months may qualify under federal rules.

Key Exemptions

Public servants are off the hook, they continue to get their full salary paid directly by their agency. No top-ups or deductions required from private employers.

Tips for Payroll Compliance

Use the STP leave code “JURY” when processing leave to auto-calculate deductions.
Track travel allowances separately in your payroll system.

Many businesses get tripped up on whether to report travel and court allowances. Remember, you must list these as separate line items under STP Phase 2 rules.

6. Victoria

Jury duty in Victoria comes with its own unique set of rules, and if you’re not up to speed, your payroll system could fall behind. Unlike other states that stop at 10 days, Victorian employers must provide wage top-ups for the full duration of the trial. Yep, even if the trial drags on for weeks.

Court Payment Schedule (2025)

Days	Daily Payment	Meal Allowance	Employer Top-Up?
1–6	$40/day	None	Yes (full wage gap)
7+	$80/day	None	Yes (full wage gap)
Regional Travel (>8km)	–	$28.55/day	No

The payment is symbolic; it barely covers basic expenses, so it’s on you, the employer, to top it up to their usual earnings.

Employer Top-Up Obligation

Let’s say your employee earns $250/day. If they’re paid $40/day by the court during the first week, you must cover the remaining $210/day. From Day 7 onward, the court gives $80, so you’re still covering $170/day.

Financial Hardship Clause

Small business? You may qualify for a hardship exemption if you have under 20 staff. To apply:

Complete the official hardship form.
Provide proof of financial strain.
Submit to the court registry for review.

Payroll Challenges: The Night-Shift Gap

Here’s where it gets tricky. Victorian law doesn’t clarify how jury duty affects night-shift workers (e.g., 7 p.m. to 3 a.m. shifts). Do they get the day off after jury duty? Are they required to work a shift after being in court all day? You need to address this in your internal HR policy, or you’ll run into burnout and legal grey zones.

7. Queensland

Queensland’s jury duty rules are built around daily court payments and transport reimbursement, with one major bonus for employers: you can claim back overpayments if you submit the correct form on time.

2025 Court Payments

Role	Payment	Travel Reimbursement
Summoned but not selected	$47.95/day	Public transport only
Juror (Days 1–20)	$143.40/day	Public transport preferred
Juror (Days 21+)	$191.35/day	Private vehicle allowed (8 km+)

Employer Action Required

Unlike Victoria or NSW, you have a chance to reclaim overpayments. Here’s the process:

Track the employee’s actual court payments.
Submit Form 6 to the Queensland Government within 14 days.
Provide wage statements and jury attendance slips.

If you’re late, too bad. Missed deadlines mean lost reimbursements.

Casual Worker Top-Ups

Queensland follows the same approach as Victoria when it comes to casuals. If they’ve worked regularly for six months or more, they’re entitled to the same top-up payments as part-timers. Many employers misclassify this and risk underpaying staff.

8. Western Australia

WA’s jury duty structure is a bit more generous, at least if you’re full-time or part-time. If you’re a casual though, expect next to nothing.

Court Payments (2025)

Employee Type	Daily Payment	Hardship Claims
Full-time/Part-time	$15–$20 base	Up to $1,000/day with proof
Casual	$15/day only	Not eligible

The hardship claim cap is what makes WA stand out. If your employee loses substantial income while on jury duty, they can apply for up to $1,000/day in lost wages, but they must provide detailed evidence.

Filing a Hardship Claim

To make a claim:

Download the WA Hardship Claim Form.
Attach proof of daily wage loss (e.g., payslips, ATO records).
Submit to the court administration office.

BetterPayroll Pro Tip

If you’re using BetterPayroll, there’s already a template integrated for WA claims. Just fill in the numbers, and the system auto-calculates hardship eligibility.

9. South Australia

South Australia’s system might seem stingy at first glance, but look again. The base payment is only $20/day, but there are additional allowances that many employers overlook.

Allowances Breakdown (2025)

Type	Amount
Base Jury Payment	$20/day
Childcare Support	$144/day
Business Loss (self-employed)	$144/day
Travel Allowance	79¢/km (round trip)

So, if your employee is self-employed and incurs childcare costs, they could be eligible for up to $308/day in reimbursements.

10. Tasmania

Tasmania operates differently; here, the government reimburses the employer, but only up to a certain limit. If you’re not familiar with this system, it’s easy to lose money by failing to file on time or missing documentation.

How Reimbursement Works

Employee submits Form TJ-12 within 14 days.
Employer pays their regular wage (max $257.84/day).
Employer claims back 80% from the Tasmanian Government.

What About the Other 20%?

That part comes out of your pocket. It’s effectively a co-payment that the employer must wear, and it’s non-refundable.

Let’s do the math:

Daily wage: $250
Court pays: $100
Employer covers: $150
Employer reimbursement: 80% of $150 = $120
You’re still out of pocket: $30/day

Avoiding Payroll Pitfalls

Many businesses forget the 20% co-pay and expect full refunds, only to get surprised. Make sure your HR and accounting teams understand this local nuance or use software that flags the shortfall.

11. Australian Capital Territory (ACT)

If you’re an employer in the ACT, brace yourself, because your responsibilities go above and beyond. Unlike most states that only require wage top-ups for the first 10 days, employers in the ACT must cover the entire trial period, no matter how long it lasts.

2025 Court Payment Rates

Employment Type	Court Payment	Employer Responsibility
Public Servants	Full salary + $12 parking/day	No action needed (paid by agency)
Private Employees	$126.52/day	Pay the difference between the wage & court pay

So if an employee earns $300/day and is paid $126.52 by the court, you’re on the hook for $173.48/day, for as long as the trial runs, even if it stretches for months.

No Day Limit

What makes the ACT unique is the lack of a cap. There’s no “first 10 days only” rule. If your employee’s trial lasts 30 days, you pay for all 30. That can quickly add up, especially for SMEs with limited resources.

Parking Perks?

Interestingly, public servants get an extra $12 per day to cover parking. Private employees? Nope. That kind of inconsistency has sparked debates about wage equality during civic service, but for now, it’s the law.

12. Northern Territory (NT)

The NT’s jury duty payment system is simpler, but that doesn’t mean it’s easy for employers. Here, low court payments mean you’ll almost always be making top-up payments if your employee is earning anything close to a standard wage.

2025 Rates

Status	Daily Payment	Notes
Attended but not selected	$20.20/day	No top-up needed (usually)
Selected Juror (Days 1–9)	$60.60/day	The employer must top up
Selected Juror (Days 10+)	$121.20/day	Top-up still likely required

Here’s the key takeaway: the court payments are minimal. If your employee earns $280/day, you’ll be topping up $159.40/day even after Day 10.

Self-Employed? Beware

While NT allows small claims, false exemption claims are taken seriously. The penalties? A fine of $5,000 for misleading information or fake hardship declarations.

For employers, this means it’s crucial to verify employee documentation. Require proof, review court letters, and track days absent via payroll.

13. Self-Employed & Casual Worker Gaps

This is where many employers, and even government resources, fall short. The rules for self-employed and casual workers vary drastically across Australia.

Self-Employed Rights by State

State	Reimbursement Allowed?	Requirements
WA, SA	Yes – if loss is proven	Must provide tax returns, affidavits
NSW, VIC	Not unless the court orders it	Rare and reviewed case-by-case basis
QLD, ACT	No direct reimbursement for self-employed

To protect yourself and your business, ask self-employed workers to submit a “Lost Income Affidavit.” BetterPayroll provides a downloadable template.

Casual Worker Rights

Casual workers often fall into a legal grey area. But here’s the deal:

VIC & QLD: If a casual has worked regular shifts for 6+ months, they qualify for make-up pay.
WA & NT: No top-up required, even for long-term casuals.

BetterPayroll Hack: Tag casuals in the system as “regular” to ensure automatic application of VIC/QLD rules. No need to guess or risk underpaying.

14. Step-by-Step: Managing Jury Duty Payroll

Worried about missing a step? Here’s the full breakdown of what employers should do the moment they receive notice of jury duty:

Step 1: Employee Notification

Ask for a copy of the jury summons
Verify details with the court registry if needed
Track the expected absence period

BetterPayroll offers an Employee Submission Checklist to simplify this.

Step 2: Calculate Employer Payment

Use this formula:

Employer Payment = Regular Wage – (Court Payment + Travel/Meal Allowance)

Example:
Employee earns $250/day
Court pays $106.30 + $15 travel = $121.30
You pay: $250 – $121.30 = $128.70/day

Step 3: Report in STP

Use leave type: “Jury Duty” (code: JURY)
Travel or meal allowances must be reported separately

Step 4: Claim Reimbursements

QLD, WA, TAS: File forms within 14–30 days
NSW, VIC, ACT: No reimbursement offered, budget accordingly

Step 5: Audit & Update

Missed a day? Forgot a travel allowance? BetterPayroll allows backdated corrections. Don’t let small errors snowball into Fair Work violations.

15. How BetterPayroll Simplifies Compliance

Still manually adjusting wages? That’s asking for trouble. With BetterPayroll, jury duty compliance becomes a 5-minute process.

Key Features

Automated Calculations: Input dates, and the Software calculates the make-up pay
Pre-Built Templates: Download hardship forms, affidavits, or court docs instantly
STP Phase 2 Ready: All leave and allowance types are coded and ATO-compliant

Whether you’re dealing with a 3-day summons or a 30-day trial, automation protects your business.

Time-Saving Tools

Jury Duty Pay Calculator: Compare court payments across all states
Compliance Checklist: Ensure nothing falls through the cracks
Evidence Form Tracker: Log summons, slips, and payment history

Conclusion

Jury duty isn’t just a civic duty, it’s a compliance test for your payroll system. With complicated rules that differ across Australia and increasing pressure from the ATO’s STP Phase 2 rollout, employers can’t afford to get this wrong. From understanding make-up pay to filing reimbursement claims, every step counts.

Using tools like BetterPayroll takes the guesswork (and legal risk) out of the equation. Automate, stay compliant, and focus on your business; jury duty doesn’t have to be a payroll nightmare.

FAQs

1. Can I refuse an employee’s jury duty request?
No. Under the Fair Work Act, employers must grant unpaid leave. Denying or discouraging jury duty could result in penalties.

2. How long do I have to keep payroll records for jury duty?
You must retain these records for at least seven years, per Fair Work and ATO guidelines.

3. Do casual employees get jury duty pay?
Only if classified as “regular casuals” (VIC/QLD). In other states, casuals typically don’t qualify for top-ups.

4. What happens if I forget to report jury leave in STP?
Late reporting can lead to ATO penalties. Always update your system within 7 days of leave.5. Can self-employed people get reimbursed for lost income during jury duty?
Only in WA and SA, and only if detailed income evidence (e.g., tax returns) is provided.