Local Courts
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About Courts

There are many different courts in NSW. This is the website of the Local Court of NSW.

This page provides information on:

  • History of the Local Court of NSW
  • Jurisdictions and Divisions of the Local Court

History
The NSW Local Court traces its orgin to the bench of Sydney magistrates established by Governor Phillip in the late 18th century. Made up of 157 courts with the power to hear cases in civil, criminal and family law, it is now the largest court in Australia. It is where all criminal and some civil cases first enter the court system. Today, 98% of all criminal and civil cases are finalised in the local court.


2 April 1787



The First Charter of Justice authorised the governor, lieutenant governor and judge advocate with the power to convene a criminal court. The governor held the power to appoint and dismiss magistrates. A number of civil and military officers were appointed as justices of the peace or magistrates. They inherited similar powers to English justices of the peace to determine minor criminal charges and convict people in discipline cases.

The Charter also created a court of civil jurisdiction to hear and decide cases where pleas related to real and personal property, debts, contracts, grants of probate and to administer intestate estates.

Proceedings were recorded and given to the governor for inspection.


1810


D'Arcy Wentworth became the first paid magistrate. Until this time, the role of a magistrate was honorary and magistrates had to combine their magistrate duties with other positions.


Photo of Winsor Courthouse
Windsor Courthouse

1821


The oldest existing local court in New South Wales was built in Windsor. Over 300 courthouses have been built in New South Wales since settlement.


1830


Payment of magistrates became common practice.


24 August 1832


Offenders Punishment and Justices Summary Jurisdiction Act (Act 3 William IV C. 3) was assented to. It defined the powers and authorities of the Courts of Petty Sessions and regulated the summary jurisdiction of the justices of the peace.

Under the Act, two or more justices sitting together could convict people on charges of theft, drunkenness, disobedience of orders, neglect of or running away from work, abusive language to his or her master or other disorderly or dishonest conduct. Other duties formerly performed by the bench of magistrates were performed by the justices in Petty Sessions.

The Act also allowed the appointment of a clerk at each location where Petty Sessions was held.


3 October 1832


The Courts of Petty Sessions was formally established in New South Wales by proclamation in the Government Gazette. The name "Court of Petty Sessions" was used commonly until this time without any statutory basis. Petty Sessions were held in the following locations:




Bathurst
Bong Bong or Berrima
Campbelltown
Darlington
Goulburn Plains
Inverary
Invermein


Liverpool
Maitland
Newcastle
Parramatta
Paterson’s Plains
Penrith
Port Macquarie

Port Stephens
Stonequarry Creek
Sydney
Windsor
Wollongong

1881


"Skilled and trained" stipendiary magistrates were created under the Metropolitan Magistrates Act for the Sydney district and they had exclusive jurisdiction to deal with criminal summary offences in Sydney.

Government paid magistrates had been increasingly seen to be more impartial in deciding cases and had greater knowledge and experience in legal matters. Stipendary magistrates were not required to be qualified lawyers but were selected based on an assessment of their training and efficiency as a clerk of Petty Sessions.


1902


Magistrates and Courts of Petty Session continued to be appointed under the Justices Act (NSW).


1 July 1955


Newly appointed magistrates were required to have legal qualifications.


1985


Local Courts Act abolished Courts of Petty Sessions by changing its name to the Local Court.


1986


Magistrates become independent judicial officers under the Judicial Officers Act.


2003


The retirement age of magistrates was extended to 72 years old, the same as judges of superior courts.


2004


The form of address for magistrates in court changed from “Your Worship” to “Your Honour” in line with judges of superior courts.


    6 July 2009


Local Court Act 2007 commenced. The new Act provides for one Local Court of NSW sitting at locations as directed by the Chief Magistrate.
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Jurisdictions and Divisions of the Local Court
Local Court
The Local Court has criminal and civil jurisdictions and deals with the majority of criminal and summary prosecutions and civil matters (up to $60,000) in NSW.

The Local Court also conducts committal proceedings to determine whether or not indictable offences are to be committed to the District and Supreme Courts.Children's Court
The Children's Court is a specialist court and deals with criminal cases converning children and young people, as well as matters relating to the care and protection of children and young people. More information is available on the Children's Court website.

Coronial jurisdiction
The State Coroner is responsible for overseeing and co-ordinating all coronial services in NSW. All Magistrate are Coroners and have jurisdiction to conduct an inquest of a person died a violent unnatural dealth, a sudden death cause unknown or died under suspicious or unusual circumstances. Other categories of reportable deaths include deaths within 24 hours of an administration of an anaesthetic, a death within a year and a day of any accident that may have attributed to the death and a death whilst in or temporarily absent from a mental health facility. More information is available on the Coroners Court website.Industrial jurisdiction
Industrial Magistrates may exercise civil and criminal jurisdiction under a broad range of State and Commonwealth legislation. The industrial jurisdiction deals with such matters as:
  • recovery of money owing under Industrial Instruments, for example, Awards, Enterprise Agreements and Statutory Entitlements;
  • prosecutions for breach of industrial instruments;
  • appeals from various administrative decisions; and
  • prosecutions for statutory breaches.
More information is available on the Chief Industrial Magistrate's Court website. Mining Jurisdiction
All Magistrates are commissioned as Mining Wardens under the Mining Act 1992. The Chief Mining Warden deals with all matters before the Mining Court which often sits in country courthouses depending on where the dispute arose. The general categories of the work of the Mining Court are:
  • determination of disputes between miners and landholders;
  • assessment of compensation payable to a landholder as a result of prospecting or mining activities; and
  • public enquiries as directed by the Minister for Primary Industries.
More information is available on the Department of Primary Industries website.Mental Health
Magistrates attend hospitals throughout the State to carry out their responsibilities under the Mental Health Act 2007 to review the need for continued detention of any person who has been involuntarily admitted to a hospital for psychiatric treatment and to approve the discharge of persons subject to a community treatment order.

Family Law
The Local Court has limited jurisdiction under the Family Law Act 1975 to hear and determine family law matters. The Local Court can deal with applications such as property settlements and residence orders.



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