Excusals and Eligibility - Jury Duty

There are limited reasons for applying to be excused, and some people may be not eligible or not qualified and must be excused.  

Not Eligible

You are not eligible to serve as a juror if you have reached 75 years of age by the summons attendance date, or if you hold any of the following appointments or positions.

In accordance with Schedule 1 Division 1 you are not eligible to serve as a juror on a criminal or civil trial if you 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.

Australian legal practitioners - An Australian legal practitioner as defined by the Legal Profession Act 2008.

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

Not Qualified

You are not qualified to serve as a juror if you:

• are on bail or in custody awaiting trial or sentencing.
• were convicted in WA or elsewhere and sentenced to imprisonment exceeding 2 years.
• 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).
• have been found guilty of an offence and detained in an institution for juvenile offenders in WA or elsewhere in the last 5 years.
• 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.
• have been the subject of a sentence of imprisonment or been on parole in WA or elsewhere in the last 5 years.
• are an involuntary patient as defined by the Mental Health Act 2014.
• are a represented person of the Guardianship and Administration Act 1990.
• are a mentally impaired accused as defined by the Criminal Law (Mentally Impaired Accused) Act 1996.
• are a person under the Criminal Law (Mentally Impaired Accused) Act 1996 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

You may apply to be excused if you:

• 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 have exhausted all reasonable options 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 you are ‘permanently incapable of doing jury service’ and you will submit this medical certificate with your application for excusal. The Jury Permanent Exemption Information Sheet (PDF, 475KB) will provide your health professional a guide of what is required.

Applying for Excusal

Apply well in advance and allow up to 7 business days for the summoning officer to assess and respond prior to your summons attendance date.

The application will require to you include the reason and provide supporting evidence circumstances as outlined.

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

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

Please note – unless you have received confirmation your excusal has been granted you will be expected to attend as summoned.