A significant reform introduced by the New South Wales Government to rebrand Local Court magistrates as “judges” remains without a clear commencement date, despite strong public announcements and the Bill having been introduced to Parliament in September 2025.
The Local Court and Bail Legislation Amendment Bill 2025 seeks to modernise judicial titles within Australia’s busiest court by abolishing the office of “magistrate” and instead recognising these judicial officers as “judges of the Local Court”. The Attorney General, Michael Daley, has described the change as more than symbolic, saying it properly reflects the complexity and scale of work undertaken by judicial officers in the Local Court, which handles over 90 per cent of all judicial decisions in New South Wales.
However, while the policy message is clear, the legislative path forward is less so. The Bill remains before Parliament and has not yet passed into law. Importantly, neither the Bill’s first draft nor accompanying public materials specify a date on which the changes are to take effect. Nor do they clarify whether the legislation is to commence upon Royal Assent, by proclamation, or on a specified future date.
This ambiguity leaves the reform in a holding pattern. Under NSW law, if an Act does not specify its own commencement date, it will ordinarily come into force 28 days after it receives Royal Assent. But where a Bill includes a provision stating that it is to commence “on a day to be appointed by proclamation,” the actual effectuation of the law is left to the Executive and may be delayed indefinitely.
The NSW Parliamentary website confirms that the Bill has not yet been passed or assented to, as it does not appear on the list of Acts for 2025. In effect, this means the change remains prospective only.
This lack of clarity on timing may matter more than the government has acknowledged. While the rebranding has been welcomed by many within the legal profession as a long overdue recognition of the Local Court’s evolving role, the absence of a defined commencement date introduces uncertainty for judicial officers, legal practitioners, and court users alike. Official correspondence, and procedural documents would all require updates, and it is unclear when or how quickly those changes will begin to roll out.
It also places NSW slightly out of step with other jurisdictions such as the Northern Territory and the Federal Circuit Court of Australia, where similar title changes have already been implemented.
Until the Bill completes its journey through Parliament and either includes or is accompanied by a formal commencement declaration, NSW magistrates will continue to hold their traditional title despite the clear political will to modernise it. For now, the title of “judge” remains a designation promised, but not yet delivered.
A copy of the Bill is below.
59 pages.