Michaelia Cash (WA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Hansard source

I rise to speak on the Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026. This is an important yet uncontroversial piece of legislation that reflects recent reforms to the New South Wales legal system, specifically those introduced to the Local Court and Bail Legislation Amendment Act 2025 in New South Wales. On commencement, the New South Wales act will replace the Office of the New South Wales Magistrate with the Office of the Judge of the Local Court of New South Wales.

Commonwealth law confers jurisdiction and powers on state and territory courts and judicial officers, reflecting the important role these courts play in the federal justice system. Some federal jurisdiction and powers are conferred explicitly on magistrates, while others are excluded from magistrates and are instead conferred on judges. This bill makes the consequential amendments to Commonwealth legislation necessary to ensure the transition occurs without disruption. The bill achieves this through a clear and practical mechanism. It provides that judges of the New South Wales local courts are to be considered magistrates under Commonwealth law. This will ensure that jurisdiction and powers previously conferred on magistrates by Commonwealth legislation can continue to be validly exercised by the new judges of the New South Wales Local Court. At the same time, it ensures that those judges cannot exercise federal jurisdiction and powers beyond the intended scope of their office, maintaining the jurisdictional clarity that both the Commonwealth and New South Wales legal framework require. The bill will commence concurrently with the New South Wales act, which itself commences on proclamation. This concurrent commencement is deliberate and important. It ensures there's no gap in the operation of the Commonwealth legislation and no disruption to the New South Wales Local Court's ability to perform its functions.

The practical significance of this bill should not be understated. The New South Wales Local Court plays a central role in the prosecution of offences against Commonwealth law, dealing with a wide range of matters including most civil and criminal proceedings. The bill will have a positive implication for residents of New South Wales as well as for the Commonwealth and New South Wales entities involved in matters arising under Commonwealth law. Given the court's critical role in law enforcement and prosecution, ensuring this transition is seamless is of real importance to those who rely on it.

The coalition, as I said, supports this bill. It is uncontroversial. It's a minor and technical yet necessary measure to ensure the consistent application of Commonwealth law following a significant change to the New South Wales court system. The opposition is supportive of any commonsense measures that allow judicial officers to perform their important roles efficiently without confusion or disruption. The bill delivers that. I commend the bill to the Senate.