1. Introduction: Jury Duty Pay in Australia
When an employee is summoned for jury duty, it’s not just a matter of a few days off. For employers in Australia, complying with jury duty obligations is a legal requirement, not optional. With state-specific laws and Single Touch Payroll (STP) Phase 2 reporting requirements, managing jury duty correctly is crucial to avoid penalties.
Failing to handle jury duty leave properly can result in fines of up to $22,000, damage to your reputation, and unhappy employees. Employers must not only provide leave but also ensure make-up pay calculations are accurate and that leave is reported correctly to the Australian Taxation Office (ATO).
This blog is your go-to guide. We’ll break down everything, from state-specific court payments, employer reimbursement forms, and exemptions, to how Single Touch Payroll (STP) Software, such as BetterPayroll, can automate your compliance with jury duty leave reporting. Whether you run a café in Adelaide or manage a corporate team in Sydney, this is the must-read playbook for 2026.
2. Understanding Jury Duty Leave
Jury duty leave is an employee’s right to attend court as a juror without penalty. Under the Fair Work Act 2009, employers cannot:
- Threaten employees
- Reduce their hours
- Deny leave requests
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 for jury duty
- Avoid any adverse action against attending employees
- Pay make-up pay for the difference between regular wages and court payments (usually the first 10 days)
What is Make-Up Pay?
If an employee earns $300/day and the court pays $106.30/day, the employer covers the difference:
$300 – $106.30 = $193.70/day
Penalties for Non-Compliance
- Fines up to $22,000
- Employee complaints to the Fair Work Ombudsman
- Reputational and operational risks
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:
- NSW: Make-up pay for first 10 days (FT/PT employees)
- VIC: Wage top-ups for entire trial
- QLD: Employers can claim reimbursement with Form 6
- WA: Hardship claims up to $1,000/day
- SA: Self-employed & business loss reimbursements
- ACT: Full wage top-ups for the entire trial
- TAS: Employer reimbursed 80%, co-payment of 20%
- NT: Minimal court payments, top-ups often required
Ignoring state-specific rules can result in STP reporting errors and fines.
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 2026:
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 (2026)
| 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.
2026 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 (2026)
| 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 (2026)
| 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.
2026 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.
2026 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. Whether you manage a corporate team or a construction crew, BetterPayroll’s Construction Trade Payroll Software ensures accurate make-up pay calculations and STP compliance across all employee types.
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.