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The NSW Government has announced it will abolish the use of 'good character' in sentencing proceedings, a decision supported by victims advocacy groups.

Attorney General Michael Daley announced its intention, based on the recommendations of a report released by the NSW Sentencing Council in July 2025.

The report recommended the repeal of 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999 (NSW), which accounts for ‘good character’ as a mitigating factor in sentencing. The report also called for new legislation to prevent courts from using evidence that only relates to the finding of good character.

The use of good character evidence in sentencing was already exempted in certain circumstances from child sexual offences after the Royal Commission into Institutional Responses to Child Sexual Abuse in 2017 that identified, among other concerns, a lack of empirical evidence to support the inference that prior good character means better prospects for rehabilitation.

Members of the NSW Sentencing Council considered the lived experience of victims, who said hearing an offender described as a person of good character was traumatising. Some submissions said it sent a message that an offender’s reputation is more important than the harm they caused.

“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.”

The government also pointed to concerns that good character evidence perpetuates social disadvantage. The Sentencing Council’s Report stated, “The availability of good character as a mitigating factor on sentence may contribute to inequality in the sentencing process, because the mitigating factor of good character is likely to be more readily available to some groups than others.”

According to the government, courts will still be able to consider factors such as prospects for rehabilitation and the likelihood of re-offending.

The reforms were the subject of advocacy in a campaign called ‘Your Reference Ain’t Relevant’ and have been supported by victim support group Full Stop Australia.

“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,” said co-founder of Your Reference Ain’t Relevant Harrison James.

“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.”

The NSW Sentencing Council is an independent advisory body established under the Crimes (Sentencing Procedure) Act 1999. It advises the Attorney General on sentencing matters, undertakes research and prepares reports at the request of the Attorney General and monitors sentencing trends and practices, among other functions.