Good character in sentencing: a jurisdictional comparison

The concept of ‘good character’ in sentencing has been increasingly criticised across Australian jurisdictions, particularly in relation to sexual offences and child abuse cases. Victim-survivor advocates and legal experts have been campaigning for the removal of ‘good character’ as a mitigating factor and restrictions on the use good character references in criminal sentencing. 

Most Australian jurisdictions have therefore been moving to remove good character considerations in sentencing to some degree. Victoria already restricts the use of good character in sentencing for child sexual assault cases, but only in cases where the ‘good character’ assisted the offender in the commission of the crime. 

The Justice Legislation Amendment (Family Violence, Coercive Control, Good Character, Risk Assessment and Other Matters) Bill 2026 was introduced to Victorian Parliament in August 2026, and one of its key provisions are amendments to the Sentencing Act 1991 to remove ‘good character’ as a mitigating factor for all offences.  

This research note provides a brief overview of the context of the Bill and key issues surrounding the use of good character in sentencing. It also provides a comparison of whether and how Australian jurisdictions allow, restrict or are moving to remove good character as a mitigating factor.  

The Library has also prepared a jurisdictional comparison on the provisions in the Bill that relate to coercive control, which can be found in our recent Research Papers. 

Content warning: This Note contains information that some readers may find distressing as it refers to family, domestic and sexual violence.