Jury Duty at $30/day??????

[ramblingboy42]

Both my son and daughter have been called up for jury duty very recently.

A juror gets $30/day and has to have a good reason not to do duty.

Niether my son , nor my daughter can afford to be away from their employment for any length of time.

I am retired , there are many good unemployed people out there....not dole bludgers.....who could do jury duty.

The govt knows I have retired and they know who is registered as unemployed.

Why don't they consult this available force to get their jurors instead of disturbing peoples lives?

I wonder what the criteria is....I have never been called up.

[Sue]

I think they still have to get paid by their employer while on jury duty. :)

[ramblingboy42]

I'm not lead to believe that.

Is there some legislation to enforce employers to do that?

[Sue]

What employers need to know
As an employer, you are obliged to release any employee summoned for jury service.

In terms of the Jury Amendment Act 2010 an employee is anyone who is employed on a full-time basis or has been a regular casual employee for the past 12 months.

Employers are required to pay employees for the first ten days of jury service under the Fair Work Act 2009. However, this does not apply to casual employees.

In terms of the Jury Act 1977 and the Jury Amendment Act 2010, employers cannot:

force employees to take own leave, such as recreation or sick leave, while doing jury service. This includes the day they go to court for a jury summons.
dismiss, injure or alter their employees position for doing jury service.
ask employees to work on any day that they are serving as jurors
ask employees to do additional hours or work to make up for time that they missed as a result of jury service

If you contravene any of these laws, you can be fined $2200 under Section 69 of the Jury Act 1977.

Employers can provide staff members with letters giving reasons why it might be difficult for the business if they have to report for jury service. If the employee is excused from jury service this time, they may be called up again in a few weeks or months.

The allowance paid to jurors is not intended to be a substitute for a salary or wage. Many large firms continue to pay their employees a wage while they are doing jury service.
What employers need to know - NSW Courts and Tribunal Services New South Wales (http://www.courts.lawlink.nsw.gov.au/cats/jury_service/employers.html)

[ramblingboy42]

thanks Sue....I may have been misinformed by my two.
I looked this up.....quite to the point.
http://www.google.com.au/url'sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCgQFjAB&url=http%3A%2F%2Fwww.dotag.wa.gov.au%2FC%2Fcalled_ for_jury_duty.aspx%3Fuid%3D4229-3447-3799-1045&ei=-3nEU5qEDMWolAWYPA&usg=AFQjCNHDfPqrAQXEEWp1SBfx-05rRmt1_A&sig2=uMWuHg2XW9vi-V_hFggdhg&bvm=bv.70810081,d.dGI

[Sue]

If they are in QLD... here are the local regulations.. but chances are they may not have realised that they were entitled to it. :) Starts on page 70.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IndustRelA99.pdf

[ramblingboy42]

thanks again Sue, looks like I might have pressed your hot button.....is this your area of expertise?

[p38arover]

The letter I received on Friday calling me up for jury duty quite clearly stated exactly the same thing that Sue has posted. I assume your kids would have got the same info.

[ramblingboy42]

I didn't read their comms, only heard their gripes.

But I will see them straight...WAIT TILL YOU TWO GET HOME!!.....hahahaah

[CraigE]

There are several options.
The $30 per day is usually if you are not working or on RDOs.
A lot of employers just pay you for the day.
The employer can then claim back costs.
If you lose money eg your employer will not pay you or you are self employed you can make a claim.
Just be sure to find out the relevant info from the courthouse.

[BigJon]

I have been called up twice, once in SA and once in the NT.

To get out of the SA one I moved to the NT, to get out of the NT one I moved to Vic...

The moves were both planned regardless of the jury duty request.
One of my old bosses in the NT just bins the letters when they arrive. As they are not registered post they can't 100% prove delivery, or at least that was his reasoning. He had never been challenged about it.

[nugge t]

There are several options.
The $30 per day is usually if you are not working or on RDOs.
A lot of employers just pay you for the day.
The employer can then claim back costs.
If you lose money eg your employer will not pay you or you are self employed you can make a claim.
Just be sure to find out the relevant info from the courthouse.

Not sure where the $30/day comes in but in NSW (first item on a goggle search)

Current rate

The table below gives the current daily rate for jury service allowances.
Daily rate for jury service allowances

Days of trial Daily rate Employment status Days 1 to 10 $106.30 a day All jurors

Days 11 to trial end


$239.20 a day
Jurors who are employed

$106.30 a day

Jurors who are not employed
If you attend for half a day on the first day, no allowance is payable.
All public servants are paid by their agencies whilst they are completing jury service and are not entitled to a jury payment.
As a juror you are also paid a travel allowance, calculated on the distance from your postcode to the courthouse at 30.7 cents per kilometre.

Payment for jury service - NSW Courts and Tribunal Services New South Wales (http://www.courts.lawlink.nsw.gov.au/cats/jury_service/payment.html)

current as at 2/7/14

[Basil135]

The rates paid vary state by state, and vary again for the Federal court system.

But the basic rules are the same.

Most employers will just pay the same daily rate to you, whilst others will pay the difference between what the court pays, and your normal rate.

[Lotz-A-Landies]

I know that in NSW as an employee of a Government agency, I get my full pay if I pay the money from the courts to my employer first. It is also considered service.

[digger]

In relation to the original post, why cant they call up unemployed or retired etc instead of those working?

It is supposed to be a jury of your peers, well actually a cross section of society (otherwise when a druggie crossdressing bikie commits an offence it will be hard to find 12 similar people to fit the jury! )

It should be males and females older and younger and reguardless of employment when people are called..

I do know that in SA the payments etc for jury duty are pretty minimal. Not going to bother me as due to my employment I cannot be called up.... Bugger as its about time someone was hung for doing breakins.... :twisted:

[Tombie]

I know a gent who has been called up 4 times...

After the 3rd he worked it out... Walk in and when asked reply with some sort of prejudicial comment - immediately off the Jury and sent back to work.

Not saying this is the right thing to do.. Just what he did...