Now lawCrime & Courts Introduced in the House of Representatives, 04 Feb 2026

NSW Local Court judges keep their federal jobs

New South Wales is changing the name of its magistrates. They will be called judges of the Local Court. This law makes sure 15 national laws still work with the new name. It also makes sure the new name gives them no extra national powers.

Official name: Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026

Who it affects

• Local Court judges in New South Wales: They can keep doing the national tasks they did as magistrates, with the same legal protection.
• People with cases in the Local Court in New South Wales: Nothing changes for them. Cases like small work claims can still be heard there.
• National agencies: Border officers, anti-corruption investigators and others can still go to these judges for warrants and orders.

NSW magistrates renamed judges

In 2025 New South Wales passed a law called the Local Court and Bail Legislation Amendment Act 2025. Once it starts, the job of magistrate in that state is replaced. The new job title is judge of the Local Court. The Local Court is the lowest level of court in the state.

A magistrate is a court officer who hears smaller cases. Many national laws give work to magistrates. Other national laws give powers only to judges, meaning judges of higher courts. If a magistrate is suddenly called a judge, those laws could stop working as planned.

The government says this law makes small changes to 15 national laws. It has two aims. These Local Court judges can still use the national powers magistrates had. And they cannot use national powers beyond what their job is meant to have.

The main rule

The Acts Interpretation Act 1901 is the law that explains how to read all other national laws. This law changes it in two ways.

First, wherever a national law says magistrate, that now includes a judge or acting judge of the Local Court in New South Wales.

Second, wherever a national law says judge, that does not include those Local Court judges.

Both rules apply unless a law clearly says something else. They cover laws passed before or after this change.

Changes to 14 laws

Some national laws have their own meaning of magistrate or judge. This law fixes each one so these Local Court judges still count as magistrates.

That covers the laws on going broke, border controls and the tax on some local goods. It also covers sending people overseas to face charges, protecting the environment and war crimes. It covers helping other countries with criminal cases, marriage and the National Anti-Corruption Commission. That body looks into corruption by national officials.

Say national border officers need a warrant to search a shipping box in Sydney. They could ask a magistrate before. Now they can ask a Local Court judge. The judge keeps the same legal protection while doing it.

Some of these laws cover going broke, border controls, sending people overseas for trial, war crimes and marriage. For these, the Governor-General can make deals with the Governor of New South Wales. The Governor is the King's representative in that state. The deals let these judges do the national work. The Governor-General is the King's representative in Australia.

The Fair Work Act 2009 is the main national law on work and pay. It is a special case. It uses an older version of the Acts Interpretation Act. So this law names the Local Court in New South Wales as a magistrates court in the Fair Work Act. Workers can still bring small claims there, such as for unpaid wages.

The change to the marriage law also makes something clear. Magistrates in the Australian Capital Territory and on Norfolk Island, a small Australian island in the Pacific, can do a magistrate's work under that law. So can Local Court judges in the Northern Territory.

No higher roles

Some national laws give roles only to judges of higher courts. This law makes sure the new title does not open those roles to these Local Court judges.

They still cannot be made judges of the High Court of Australia, the top court. They are left out of the meaning of judge in the law on the Inspector-General of Intelligence and Security. That official keeps watch on spy agencies.

They are also left out of a law about national judges who behave badly. That law lets Parliament set up a group to look into such a judge. They also cannot act as a judge under the marriage law. And they cannot act as a judge of a court named in the rules under the Royal Commissions Act 1902. That law covers Royal Commissions, which are big, formal public investigations.

Existing NSW deals

The national government and New South Wales already have deals that let magistrates do national work. This law lets those deals keep working for the renamed Local Court judges.

As a safety step, this only works if the Governor-General and the Governor of New South Wales agree to it. Any such deal must be printed in the government's official notice board.

National work these judges do without such a deal still counts as legal.

Start date

This law starts at the same moment as the state law that renames magistrates. If the state change never starts, neither does this law.

The government brought the bill into the House of Representatives on 4 February 2026. The House passed it on 11 February. The Senate, Parliament's second house, passed it on 2 March 2026.

The Governor-General signed it into law on 5 March 2026. It became Act No. 4 of 2026.

Its journey through Parliament

Official sources

• Bill page on aph.gov.au
• Text of the bill
• Explanatory memorandum

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