The NSW government yesterday introduced legislation allowing Local Court magistrates to be known as judges, to better reflect the importance of work done in this jurisdiction.
Amendments to the Local Court Act 2007 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 government says this change reflects the nature and volume of work done by the Local Court, which is Australia’s busiest court.
Last year, more than 388,000 criminal matters commenced in the Local Court, a 34 per cent increase since 2014. There were also more than 67,800 civil matters commenced, up 31 per cent since 2022.
The title of ‘magistrate’ stems from an era where judicial officers were appointed from the ranks of public servants and sat in the Court of Petty Sessions. Since 1955, NSW magistrates have been required to hold legal qualifications.
The new bill also amends the Judicial Officers Act 1986 to reflect the new titles, while amendments to the Constitution Act 1902 will ensure protections to safeguard the independence and integrity of magistrates continue to apply.
NSW will join the Northern Territory’s Local Court and Federal Circuit Court of Australia where the title of magistrate has been changed to judge.
NSW Attorney General Michael Daley said, ‘This important change is not just about a name. It’s about ensuring the skill and contributions of judicial officers in the Local Court are properly recognised.
‘The Local Court is Australia’s busiest jurisdiction. It makes more than 90 per cent of all judicial decisions in NSW and the nature of its work is becoming increasingly complex.’
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