The NSW Government introduced an amendment to the Local Court Act 2007, formalising all Local Court magistrates as judges.
It’s almost a year since the Government announced it would implement the change, which had been supported by the NSW Local Court for some time.
“This important change is not just about the name,” said Attorney General Michael Daley. “It’s about ensuring the skill and contributions of judicial officers in the Local Court are properly recognised.”
The title ‘magistrate’ comes from the time when magistrates were appointed from public ranks and sat in the Court of Petty Sessions. But since 1955, NSW magistrates have required legal qualifications.
The amendment, reflecting the volume of work done by Australia’s busiest court, will change the title of judicial officers, including Chief Magistrate, Deputy Chief Magistrate, Children’s Magistrate, Chief Industrial Magistrate, Industrial Magistrate and Acting Magistrate.
“The Local Court is Australia’s busiest jurisdiction,” continued Daley. “It makes more than 90 per cent of all judicial decisions in NSW, and its work is becoming increasingly complex.”
In 2024, the Local Court saw an increase of 34 per cent of criminal matters since 2014, and 31 per cent more civil matters since 2022.
NSW joins the Northern Territory’s Local Court and Federal Circuit Court of Australia in replacing magistrate with the title of judge.