Victoria to ban ‘good character’ references from watering down sentences

Victoria will ban “good character” references that reduce jail sentences for convicted criminals, after years of advocacy from child sex abuse survivors.

Attorney-General Sonya Kilkenny will on Friday announce offenders will no longer be able to rely on the references, under legislation she plans to bring this year. NSW introduced legislation to ban good character references earlier this month.

“Victim-survivors of crimes are having to sit in court and hear that the person who harmed them is a ‘good person’ – that compounds the trauma, diminishes their experience and can’t continue,” Kilkenny said.

“Under Labor, safety comes first, and perpetrators must be held accountable for their crimes without excuses.”

Kilkenny will bring legislation in the middle of the year, the government said.

Some limitations were already in place in certain child sex abuse cases, banning offenders for using good character references if their reputation helped them commit the crime.

But the Victorian government will now seek to impose a blanket ban on all good character references.

‘All too often, people who use violence hide in plain sight under the veil of being a “good team-mate”, “good employee” or “good friend”.’

Child sex abuse survivors have for years pushed for the change through the “Your Reference Ain’t Relevant” campaign.

A NSW Sentencing Council report released last year found there was “no sufficient justification for allowing an offender’s good character to mitigate a sentence”, after hearing evidence it mostly benefited those with privilege, status and wealth.

The 126-page report concluded that use of the references was based on a vague and uncertain concept, lacked evidence demonstrating its value in predicting an offender’s risk of reoffending and chances of rehabilitation, re-traumatised and marginalised victim-survivors, and engaged in an “unjustified form of moral and social accounting”.

The Australian Childhood Foundation this month called on all states to follow NSW’s lead.

“All too often, people who use violence hide in plain sight under the veil of being a ‘good team-mate’, ‘good employee’ or ‘good friend’,” the foundation said at the time.

Legalise Cannabis MP Rachel Payne has also been pushing the Victorian parliament to make the change.

Queensland last year took the smaller step of restricting the circumstances that a sex offender can rely on evidence of good character.

The ACT has also banned child sex offenders from using good character references.

Attorneys-general across the country will discuss the issue at national meeting on Friday, though a nationally consistent response is not required.

Outdated character references were used in former Collingwood cheer squad member Jeffrey “Joffa” Corfe during his sentencing for child sex offences, prompting the County Court to update its guidelines and sparking a debate about their use.

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