New South Wales is poised to create legal history as the first Australian state to completely abolish the use of 'good character' references in criminal sentencing procedures. The Minns government will introduce groundbreaking legislation to state parliament this Wednesday, targeting a significant shift in how courts approach sentencing for serious offences.
Landmark Legislation to Protect Victims
The sweeping reform specifically aims to prevent convicted offenders, including rapists and child sex offenders, from relying on claims of 'good character' to secure reduced sentences. This move follows direct recommendations from the NSW Sentencing Council, which completed its comprehensive review in July 2025 after assessing nearly 170 submissions from various stakeholders.
Attorney-General Michael Daley emphasised that these changes represent a crucial step toward fairness in the justice system, stating that the reform was long overdue. '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",' Daley declared.
Closing a Controversial Loophole
The government asserts that the legislation will better protect victim-survivors from unnecessary retraumatisation while closing a loophole that critics argue has unfairly benefited offenders with social or professional standing. 'We know some offenders try to use their reputations and social standing to commit serious crimes and then minimise their culpability,' Daley explained. 'No offender should be able to rely on the fact they are of "good character" to mitigate the consequences of their criminal behaviour.'
Currently, many offenders present character testimonials, community letters, or personal references to argue for leniency during sentencing. While cases involving child sexual abuse already have a 'special rule' restricting character evidence when that character directly enabled the crime, the new laws will abolish this rule entirely.
Comprehensive Ban Across All Offences
The legislation establishes a blanket ban across all criminal offences, applying one consistent standard to every sentencing decision. However, courts will retain the ability to consider genuine mitigating factors such as:
- The likelihood of reoffending
- Prospects of rehabilitation
- The absence of a prior criminal record
Importantly, simply having a clean record will no longer serve as evidence of 'good character' under the new framework.
Years of Advocacy Culminate in Reform
This significant legal change follows years of sustained pressure from the Your Reference Ain't Relevant campaign, spearheaded by survivors Harrison James and Jarad Grice. These advocates have consistently argued that character references can excuse serious offending and intensify trauma for victims.
Mr James, who was sexually abused by his stepmother from ages 13 to 16 and later lobbied the Attorney-General for reform, described this development as a turning point for survivors across the nation. 'As a survivor of child sexual abuse, I pursued this reform for the child who was told to be silent,' he stated. 'Today, I stand proud to contribute to a historic shift in justice. This is one of the most monumental shifts in how the courts approach sentencing. After years of relentless advocacy, seeing it become reality is a dream come true.'
Support from Advocacy Organisations
Full Stop Australia chief executive Karen Bevan welcomed the legislation, highlighting how sexual assault survivors repeatedly report that character references during sentencing only deepen their trauma. 'We heard over and again how much distress the use of character references in sentencing causes and we welcome this change,' Ms Bevan said. 'The court system is retraumatising for many victim-survivors of sexual assault who have sought accountability for the crimes committed against them.'
The bill will amend the Crimes (Sentencing Procedure) Act 1999 and is expected to pass with broad Opposition support, marking a significant bipartisan achievement in criminal justice reform.
