Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (12:58): I contribute to debate on the Crimes (Sentencing Procedure) Amendment (Good Character at Sentencing) Bill 2026. At its core, the bill establishes good character as a mitigating factor for offenders during sentencing. The change extends to all offences. However, I will touch on why the bill matters in the context of domestic, family and sexual violence. We know the trauma that victim-survivors and their families feel when they hear about the "good character" of a perpetrator. Whether this narrative is disseminated in the public domain or a courtroom, the pain is very real. The member for Granville just recounted her very real experience. A rather topical subject right now that members in this House are aware of is the murder of Lilie James in 2023. Lilie was a young, smart and kind water polo coach who should have had a bright future ahead of her. The grief of Lilie's family is palpable. It was hard not to feel moved as they spoke of how disheartening and cruel it was to hear the person who took their daughter away from them described as a "good bloke".
The emotional strain of the good character or good bloke defence is traumatising for victim-survivors and their loved ones. This defence can be used not only in public but also in our courtrooms, where justice is supposed to be served for people who have experienced immense trauma. These people deserve to feel validated, to have their trauma recognised and to have their grief respected. That is why this bill is so important and more than timely. I also acknowledge the advocacy of groups including Full Stop Australia and Your Reference Ain't Relevant. As a victim-survivor of child sexual abuse, Your Reference Ain't Relevant co-founder Harrison James was a powerful champion of this reform.
I commend the Attorney General for engaging with advocates in this space. I met with the Attorney General, Your Reference Ain't Relevant and Full Stop Australia, which led to the Attorney General tasking the NSW Sentencing Council in April 2024 with reviewing the legislation and common law behind the use of good character to mitigate sentences. The Sentencing Council's final report, which was published on 1 February 2026, recommended abolishing good character as a mitigating factor at sentencing for all offence types.
The report lays out the rationale for this reform very clearly, including that the concept of good character is inherently vague, inconsistently applied and lacks empirical foundation; that there is no reliable evidence that good character predicts rehabilitation or recidivism; and that the use of good character as a mitigating factor has been shown to cause harm to victims, particularly as it relates to domestic violence, sexual offences or abuse of trust. The report also notes that victims frequently report that references to an offender's good character are traumatising and diminish the seriousness of the offending, and that the availability of good character as a mitigating factor may lead to inequality in the sentencing process given it is likely to be more readily available to some groups ahead of others.
This bill removes one mitigating factor from the Crimes (Sentencing Procedure) Act 1999. I recognise that some advocacy groups are hesitant about this bill. I assure them that, on balance, the Government believes that this is the right way to treat perpetrators and offenders while balancing the needs of victims. Assuming that this bill goes through, the mitigating factors that can reduce a sentence are:
(a)the injury, emotional harm, loss or damage caused by the offence was not substantial,
(b)the offence was not part of a planned or organised criminal activity,
(c)the offender was provoked by the victim,
(d)the offender was acting under duress,
(e)the offender does not have any record (or any significant record) of previous convictions,
(g)the offender is unlikely to re-offend,
(h)the offender has good prospects of rehabilitation, whether by reason of the offender's age or otherwise,
(i)the remorse shown by the offender for the offence,
(j)the offender was not fully aware of the consequences of his or her actions because of the offender's age or any disability …
Other factors include a plea of guilty, the degree of pre-trial disclosure, assistance offered by the offender to law enforcement authorities and an offer to plead guilty. The purpose of this bill is to reduce the trauma for victim‑survivors who will no longer be forced to hear their perpetrator described as someone of "good character" in court.
The bill provides that while a court must not consider evidence adduced solely to establish good character, it may continue to consider that evidence if it is relevant to any other purpose, principle or factor in sentencing. This ensures that courts keep the ability to assess the whole person when sentencing an offender without the problematic focus on good character. The bill also repeals the special rule in section 21A (5A) insofar as it relates to good character. A statutory review of the amendments in this bill will begin two years after commencement of the reforms. The review will consider the operation of the special rule insofar as it continues to apply to a lack of previous convictions and the impact of the reforms in domestic and family violence matters.
The bill before the House builds on the New South Wales Government's hard work in the domestic, family and sexual violence space. We have provided additional support to victim-survivors, including expanding Staying Home Leaving Violence to every local government area, expanding the Specialist Workers for Children and Young People program to ensure expert support is available for children accompanying mothers to refuges, introducing coercive control as a criminal offence and implementing justice reforms which include a higher threshold for offenders to be granted bail for serious domestic violence offences and electronic monitoring in cases where bail is granted.
We must continue to come together as a community to address the underlying attitudes and norms that tolerate domestic and family violence. I note that during this second reading debate, some members suggested that this bill be referred to a committee. Victims have had their trauma re-created by good character references that are given in courts for too long. I do not want to see any further victims going through that trauma. The sooner we can get this bill through Parliament, the better. I commend the bill to the House.
