First Aussie state to ban ‘good character’ references for rapists and paedophiles
New South Wales is set to make legal history as the first state in Australia to abolish the use of ‘good character’ references in criminal sentencing.
The Minns government will introduce landmark legislation to state parliament on Wednesday, aiming to stop convicted offenders, including rapists and child sex offenders, from relying on claims of ‘good character’ to reduce their sentence.
The sweeping reform follows direct recommendations from the NSW Sentencing Council, which concluded its review in July 2025, after assessing nearly 170 submissions.
The government says the changes will better protect victim-survivors from unnecessary retraumatisation and shut a loophole critics claim has unfairly benefited offenders with social or professional standing.
Attorney-General Michael Daley said the reform was about fairness and 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 said.
‘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.’
Victims of serious crimes will be more protected in court under the new laws
Michael Daley (pictured) announced the government would end good character references
Currently, many offenders present character testimonials, community letters or personal references to argue for leniency.
In cases of child sexual abuse, there is already a ‘special rule’ restricting character evidence, if that character directly enabled the crime.
The new laws will abolish that rule and create a blanket ban across all offences, applying one standard to every sentencing decision.
Courts, however, will still be able to consider genuine mitigating factors such as the likelihood of reoffending, prospects of rehabilitation or the absence of a prior record, but simply having a clean record will no longer serve as evidence of ‘good character’.
The move follows years of pressure from the Your Reference Ain’t Relevant campaign, spearheaded by survivors Harrison James and Jarad Grice, who say character references can excuse serious offending and intensify trauma.
Mr James, who was sexually abused by his stepmother from ages 13 to 16 and later lobbied the Attorney-General for reform, said this marks a turning point for survivors nationwide.
‘As a survivor of child sexual abuse, I pursued this reform for the child who was told to be silent. Today, I stand proud to contribute to a historic shift in justice,’ he said.
‘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.’
Rapists and child sex offenders won’t be able to rely on claims of ‘good character’ to reduce their sentences
The government says it will stop victims from hearing their attacker was ‘a good person’
Full Stop Australia chief executive Karen Bevan welcomed the legislation, saying sexual assault survivors repeatedly report that character references during sentencing only deepen the 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.
