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NSW magistrates to be referred to as judges
Magistrates in the NSW Local Court will soon be referred to as judges to acknowledge their “vital role” within the state’s justice system.
Grace Robbie
Last week, the Minns Labor government revealed that, through amendments to the Local Court Act 2007, magistrates within the NSW Local Court will now be formally referred to as judges.
The NSW government aims for this change to recognise the “seriousness and volume of work” performed by this jurisdiction, acknowledge that all judicial officers in the Local Court are “legally trained”, and improve understanding of their roles within the Local Court.
The NSW Local Court, the busiest court in Australia, handles the overwhelming majority of judicial decisions in the state, with magistrates currently responsible for over 90 per cent of these rulings.
In recent years, the NSW local courts have experienced a notable increase in both the “volume and complexity” of their workloads. In 2023, a total of 376,160 general crime matters were initiated, representing a 1.8 per cent increase from the previous year and a 39.7 per cent rise since 2012. Civil cases also saw a notable surge, with a 25.4 per cent increase from 2022, resulting in 64,904 new matters being commenced.
The term magistrate originated in an era when judicial officers were “appointed from the ranks of public servants and set in the Courts of Petty Sessions”. However, since 1955, judicial officers in the NSW Local Court have been required to possess formal legal qualifications.
The change in terminology aligns NSW with the Northern Territory, the only other Australian jurisdiction where the title “judge” is used in local courts. But, internationally, numerous jurisdictions, including New Zealand, the UK, and Canada, use the title “judge” in their local courts, with the term “magistrate” either designating a different role or being entirely absent.
The NSW government has indicated that implementing this change will require amendments to the Local Court Act 2007, the Judicial Officers Act 1986, and the Constitution Act 1902.
The amendments will also affect other judicial offices within the Local Court jurisdiction, including the “chief magistrate, deputy chief magistrate, children’s magistrate, chief industrial magistrate, industrial magistrate, and acting magistrate”.
Additionally, under the proposed amendments, the office of “Magistrate of the Local Court” will be replaced by “Judge of the Local Court.”
Attorney-General Michael Daley highlighted the significance of the change: “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.”
“Our Local Court judicial officers preside in Australia’s busiest court. In a modern NSW, they deserve this title.”
Andrew Tiedt, the director and principal of J Sutton Associates, also underscored the importance, noting that “the title “magistrate” no longer reflects what the Local Court does, nor does it reflect the skills and experiences of those appointed to that office”.
He added: “These days, magistrates are highly experienced lawyers who make difficult and complex legal decisions. The term ‘judge’ not only fairly describes that role but [also] eliminates an antiquated title that is not well understood in the community.”
