NSW To Abolish ‘Good Character’ References From Sentencing Hearings

In a nation first, the NSW government will this week pass legislation ending good character references for convicted offenders in sentencing proceedings.

Expected to be passed on Wednesday, the reform follows recommendations from a NSW sentencing council’s review released today, which was commissioned in April 2024 after efforts from Your Reference Ain’t Relevant campaign to remove good character references during sentencing for child sex offenders.

All but two of the 16 council members agreed to abolish good character referencing, saying it was “based on a vague and uncertain concept, lacks evidence in support of its value in predicting a risk of reoffending or prospects of rehabilitation, and engages an unjustified form of moral and social accounting”.

The government says courts will still be able to consider evidence relating to relevant factors such as someone’s prospects of rehabilitation, the likelihood of reoffending, and a lack of previous convictions, but these factors will not be able to be used to demonstrate someone is of ‘good character’.

“Victim survivors shouldn’t have to sit in court and hear the person who hurt them or their loved one described as a ‘good person’”, said Attorney-General Michael Daley.

“We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability.

“No offender should be able to rely on the fact they are of ‘good character’ to mitigate the consequences of their criminal behaviour.”

“Historic shift in justice” says advocate

Your Reference Ain’t Relevant cofounder Harrison James, a survivor of child sexual abuse, said that after years of advocacy, the reforms were a dream come true. 

“As a survivor of child sexual abuse, I pursued this reform for the child who was told to be silent,” he said. “Today, I stand proud to contribute to a historic shift in justice.

“This reform ensures survivors’ lived trauma outweighs an offenders’ social reputation, and I thank the Attorney-General and NSW Government for listening and acting on our campaign.”

James had travelled across the country to meet with every state or territory’s attorney-general, with the ACT announcing in December it would legislate to remove good character references for perpetrators of child sexual abuse. Last year, Queensland legislated to remove good character offences for all sexual offences, following Tasmania’s lead in 2016.

“The court system is retraumatizing for many victim survivors of sexual assault who have sought accountability for the crimes committed against them,” said Full Stop Australia CEO Karen Bevan.

“We heard over and again how much distress the use of character references in sentencing causing and we welcome this change.”