Andrew Wallace (Fisher, Liberal National Party, Shadow Cabinet Secretary) Share this | Hansard source

I rise today to speak on the Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026. It's an important yet uncontroversial piece of legislation that reflects recent reforms to the New South Wales legal system, specifically those introduced through the Local Court and Bail Legislation Amendment Act 2025 in New South Wales.

This bill responds directly to the transition from the office of magistrate of the local court to the newly created role of judge of the New South Wales local court. The changes made in New South Wales are significant, and this bill ensures those reforms are reflected in Commonwealth law. The bill provides the necessary updates to ensure there is no ambiguity in the application of those laws across jurisdictions.

This bill addresses the need for Commonwealth law to align with the change from magistrate to judge of the New South Wales local court. It necessitates corresponding amendments to Commonwealth legislation to ensure consistency and avoid jurisdictional confusion. The objective of the bill is to update Commonwealth laws, including the Acts Interpretation Act, to reflect this transition. These updates will ensure that jurisdiction and powers previously conferred on magistrates continue to apply to the newly appointed judge in the New South Wales local court. The bill will also ensure the New South Wales local court can continue to perform its functions effectively under Commonwealth law without disruption or confusion regarding jurisdiction as the transition takes place.

The bill is comprised of two main parts. Part 1 amends the Acts Interpretation Act and the other relevant Commonwealth legislation to reflect the role change from magistrate to judge. This is a straightforward but necessary adjustment to ensure consistency in the application of Commonwealth law to judicial officers holding office in New South Wales. Part 2 contains transitional provisions designed to facilitate the implementation of these changes. These provisions ensure that the amendments to the Acts Interpretation Act apply to Commonwealth legislation enacted before, on or after the commencement of this bill.

The provisions also preserve existing arrangements between the Commonwealth and New South Wales, allowing New South Wales judges to continue exercising certain functions under Commonwealth law, provided formal arrangements are made between the Governor-General and the New South Wales governor. The provisions essentially ensure that jurisdiction and powers conferred on New South Wales magistrates by Commonwealth law can continue to be validly exercised by the new judges of the New South Wales local court. At the same time, the amendments clarify that judges of the New South Wales local court will not be able to exercise jurisdiction or powers beyond the scope of their office, thereby maintaining jurisdictional clarity and ensuring these powers are exercised within their intended scope.

The coalition supports the bill, as it's a minor and technical yet necessary measure to ensure the consistent application of Commonwealth law across jurisdictions. The changes to the New South Wales local court system are significant, and it is imperative that the Commonwealth laws are updated accordingly to ensure the smooth and seamless operation of the New South Wales court system. The opposition is supportive of any commonsense measures that support judicial officers to perform their important roles efficiently, even amidst significant changes. The bill will allow them to perform their roles without confusion or disruption, safeguarding the smooth functioning of both state and Commonwealth judicial processes.

The bill ensures that the New South Wales local court reforms are appropriately reflected at the Commonwealth level and that the transition from magistrate to judge is seamless. This bill will maintain the integrity of the judicial system and ensure the smooth operation of both state and Commonwealth legal frameworks serving the people of New South Wales and Australia effectively. I commend the bill to the House.

Debate adjourned.

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