Out with the Magistrates, in with the Judges in title shake-up

For some time, the Local Court has been advocating for this move. In July 2023, Deputy Chief Magistrate Theo Tsavdaridis issued a detailed submission on the issue, to Attorney General Michael Daley. 

As outlined in the NSW Local Court Annual Review 2023, “The Abolition of the existing office (Magistrate) and the establishment of the new office (Judge) has a symbolic significance in highlighting the independence, qualifications and expertise that has developed over time in relation to judicial officers of the Local Court, particularly in light of the hearing and finalisation of an appreciable number of complex criminal matters in this jurisdiction…” 

The NSW Government says the change will require amendments to the Local Court Act 2007, Judicial Officers Act 1986 and the Constitution Act 1902, and will reflect the seriousness and volume of work done in the jurisdiction. 

The NSW Local Court is Australia’s busiest court and received more than 370,000 criminal matters in 2023, 1.8 per cent more than the previous year. 

The government says the existing title of ‘Magistrate’ dates back to a time when they sat in the Court of Petty Sessions and were appointed from public service ranks. Since 1955, Magistrates have been required to hold legal qualifications. 

So far, only the Northern Territory has adopted the title of Judge for the Local Court, but in many overseas jurisdictions such as New Zealand, the UK and Canada, ‘Magistrate’ refers to a very different position or isn’t used. 

The Attorney General has described the move as historic. 

“The Local Court is the backbone of the NSW judicial system, and this change will appropriately modernise the jurisdiction and reflect the increasing volume and complexity of matters considered in the Local Court.” 

Daley thanked Chief Magistrate Judge Michael Allen for his strong support for the change, as well as Deputy Chief Magistrate Theo Tsavdaridis for his advocacy on the issue.