[no bill text published] Restrictions on Using Character References for Serious Offenders
Sentencing Amendment (Good Character) Bill 2026
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Courts cannot use character references or evidence of community contribution to decide whether to record a conviction for serious offences.
Courts can only use these references if they relate to the offender's rehabilitation or risk of re-offending; the court must also consider the nature of the crime and the harm caused to the victim.
Courts cannot use character references as a mitigating factor when sentencing adults convicted of serious offences.
Courts can use these references for sentencing if they relate to rehabilitation or re-offending risks; the court must also consider the victim's vulnerability and the nature of the crime.
Serious offences now include sexual offences; family violence offences; and violent crimes dealt with on indictment.
These rules apply to all sentencing decisions; it does not matter if the offence happened before or after the law started.
Topics
court discretion criminal sentencing family violence serious crimes sexual offences victim rights