Excusals and Eligibility - Jury Duty

If someone is Not Eligible, Not Qualified or has another reason to seek excusal, an Application for Excusal must be applied for with supporting evidence before the attendance date.

Not Eligible

A person is not eligible to serve as a juror if:

• They are an Australian Legal Practitioner – An Australian legal practitioner as defined by the Legal Profession Uniform Law Application Act 2022.
• They have reached 75 years of age by the summons attendance date.

In accordance with Schedule 1 Division 1 of the Juries Act 1957 a person is not eligible to serve as a juror on a criminal or civil trial if they are:

Vice-regal and parliamentary officers:

• the Governor, Lieutenant-Governor or an administrator administering the government of the State or a deputy of the Governor;
• a member of Parliament of WA;
• the Clerk or Deputy Clerk of the Legislative Council or Legislative Assembly, Clerk Assistant, Usher of the Black Rod, or Sergeant-at-Arms of the Parliament of WA.

Judicial and court officers – a person who is or holds an appointment to act in an office of any of the following:

• a judge, auxiliary judge, commissioner, master or registrar of the Supreme Court or an associate to any such officer,
• a judge, auxiliary judge or registrar of District Court or an associate to any such officer, a judge of the Family Court of WA,
• a magistrate, registrar or judicial support officer of the Magistrates Court,
• a judge, magistrate, registrar or judicial support officer of the Children’s Court or an associate to a judge of the Court,
• the State Coroner or Deputy State Coroner or a coroner appointed under the Coroners Act 1996,
• a commissioner of the WA Industrial Relations Commission, appointed under the Industrial Relations Act 1979,
• the sheriff, a summoning officer.

In accordance with Schedule 1 Division 2 of the Juries Act 1957 a person is not eligible to serve as a juror on a criminal trial if they are:

Certain public officers

• An authorised officer, as defined in the Corruption, Crime and Misconduct Act 2003 section 184(1),
• The Parliamentary Inspector of the Corruption and Crime Commission, or an acting Parliamentary Inspector of the Corruption and Crime Commission, appointed under the Corruption, Crime and Misconduct Act 2003 section 3(1)
• An officer of the Parliamentary Inspector as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1).

Officers in the WA Police

The Commissioner of Police appointed under the Police Act 1892,

• A person appointed under the Police Act 1892 Part 1 to be a member of the Police Force of Western Australia,
• A special constable appointed under the Police Act 1892 Part III,
• An Aboriginal police liaison officer appointed under the Police Act 1892 Part IIIB,

A police cadet employed by the commissioner of Police.

Not Qualified

A person is not qualified to serve as a juror if you:

• They are on bail or in custody awaiting trial or sentencing.
• They were convicted in WA or elsewhere and sentenced to imprisonment exceeding 2 years.
• They were convicted in WA in the last 5 years of 2 or more offences the statutory penalty for which is or includes imprisonment or 3 or more offences against the Road Traffic Act 2008 section 4 (excludes infringements).
• They have been found guilty of an offence and detained in an institution for juvenile offenders in WA or elsewhere in the last 5 years.
• They have been the subject of a probation or community order or an order having similar effect made by any court in the last 5 years.
• They have been the subject of a sentence of imprisonment or been on parole in WA or elsewhere in the last 5 years.
• They are an involuntary patient as defined by the Mental Health Act 2014.
• They are a represented person of the Guardianship and Administration Act 1990.
• They are a mentally impaired accused as defined by the Criminal Law (Mental Impairment) Act 2023.
• They are a person under the Criminal Law (Mental Impairment) Act 2023 who is not mentally fit to stand trial.

Note: Convictions exclude quashed, pardoned, set aside or spent convictions.

If you are not qualified, you must complete an Application for Excusal and provide evidence before your attendance date.

Other reasons for excusal

A person may apply to be excused if they:

• fall under the Jury Exemption Act 1965 (evidence is essential).
• have a physical or mental disability/impairment (evidence is essential)
• do not reside in the jury district (evidence including Electoral Commission update required).
• have completed jury service in the last five years in Western Australia (subject to court location requirements).
• do not understand spoken or written English (need someone to confirm your English language skills).
• previously deferred and are unable to secure suitable care for young children or support care for a person you are the primary carer for (excludes carer employees).
• previously deferred and now have exceptional circumstances that were unforeseeable at the time of being granted a deferral (evidence is essential).

Permanent Exemption – Medical condition, physical disability or mental impairment

In accordance with the Juries Act 1957 section 34E, a person may seek a permanent exemption from jury service if that person is permanently incapable of serving effectively as a juror because of a medical condition, physical disability or mental impairment.

A registered health professional must provide written confirmation the person is ‘permanently incapable of doing jury service’. This medical certificate is submitted with the application for excusal. The Jury Permanent Exemption Information Sheet (PDF, 475KB) provides the health professional a guide of what is required.

Applying for Excusal

An application for excusal should be applied for well in advance. Allow up to 7 business days for the summoning officer to assess and respond to the application prior to the summons attendance date.

The application requires the reasons and supporting evidence to be submitted as outlined on the application.

The quickest way to apply is online by logging onto the Jury WA Portal using the summons number located on the Jury Summons and your date of birth.

Alternatively complete the Application for Excusal included with the Jury Summons information package and follow the submission options for email, post or delivery in person.

If a response has not been received prior to the summons date, it is the responsibility of the summoned person to follow up the application. Applying to be excused does not finalise the attendance requirement.

Unless confirmation the excusal has been granted has been received, the person is expected to attend as summoned.