Your Reference Ain’t Relevant

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New South Wales have committed to a law change, removing ‘good character’ evidence as a mitigating factor for offenders during sentencing. Rachel posed a question to the Attorney-General, asking when similar reform will be considered in Victoria.

Tuesday the 3rd of January 2026,
Victorian Legislative Council

Rachel asked the Attorney-General when Victoria will abolish the use of character references during sentencing of offenders.

Rachel Payne (South-Eastern Metropolitan):

Substantive Question

My question is for the Attorney-General, represented in this place by the Minister for Corrections Mr Erdogan. In response to a report by the New South Wales sentencing council, New South Wales will soon abolish the good character evidence as a mitigating factor for offenders during sentencing proceedings. This important change hopes to reduce trauma for victim-survivors and follows the advocacy of Jarad Grice and Harrison James, who co-founded the Your Reference Ain’t Relevant campaign to remove good character references when sentencing child sex offenders.

When I raised this in Parliament late last year, I was told the government will carefully consider the findings and recommendations of the New South Wales sentencing council once it is made available.

So my question is: can the minister advise when we can expect a decision to be made on similar changes in Victoria?

Enver Erdogan (Northern Metropolitan – Minister for Corrections, Minister for Youth Justice, Minister for Victim Support):

Substantive Response

I thank Ms Payne for raising this issue of great public interest. The character reference is always a matter of interest, even in other matters, not just the ones that you allude to, but I will make sure that is passed on to the Attorney-General in the other place for a response in line with the standing orders.

Rachel Payne:

Supplementary Question

I thank the minister for passing that on. By way of supplementary, when I raised this issue in Parliament last year I was also told that the government would work closely with the Commonwealth and state partners through the standing committee of attorneys-general to identify opportunities to coordinate on this issue.

So my question is: will the Victorian government commit to advocating for changes to character references at the next standing committee of attorneys-general?

Enver Erdogan:

Supplementary Response

I thank Ms Payne for her supplementary question. As per the standing orders, I will make sure you get an appropriate response from the Attorney-General in the other place.

[Written response pending]

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