Justice over reputation: NSW moves to scrap ‘good character’ sentence discounts

In Short:

• Sentencing Shift: The NSW Government will introduce legislation to prevent offenders from using "good character" evidence to reduce sentences in domestic violence cases.
• Reducing Retraumatisation: The reform aims to stop victim-survivors from having to hear their abusers praised as "good people" in court, a practice that can downplay the harm caused.
• Rural Support Gap: While welcoming the law change, advocates warn that without urgent investment in regional housing and early intervention, many parents in the Back Country still face "impossible choices" between safety and homelessness.

For communities across NSW including the Back Country this is a step toward a justice system that actually hears victim-survivors. But as Barnardos Australia points out, a law change doesn't fix the lack of safe housing or financial security in the bush.

Victim-survivors across the regions may soon find the court process less gruelling, as the NSW Government prepares to scrap "good character" as a mitigating factor in domestic violence sentencing.

Under the proposed changes, expected to be introduced this week, convicted offenders will be barred from relying on evidence of their previous good reputation to reduce their sentence. The move has been welcomed by Barnardos Australia as a vital step in creating a trauma-informed justice system.

For many in the Back Country, where the social fabric is tight-knit and "reputation" often carries significant weight, the reform addresses a long-standing pain point for those seeking justice.

Barnardos Program Manager Mark Hoare said the change recognises the emotional toll the current system takes on victim-survivors.

“Victim-survivors should not have to sit through a sentence hearing and listen to the person who caused them harm being described as a ‘good person’. That can reinforce the idea that reputation matters more than violence,” Mr. Hoare said.

The reform is also being hailed as a win for the region's youngest residents. Advocates argue that children are not just "witnesses" to domestic violence, but victim-survivors in their own right.

“By downplaying harm with a ‘good character’ discount, that can send a confusing message to children who are also victim-survivors rather than focusing on the harm which has been caused,” Mr. Hoare said.

While the legal shift is a positive milestone, local experts warn that for families in rural and remote communities is only one part of the battle. Barnardos Australia is urging the government to pair these reforms with a "relentless commitment" to early intervention and safe housing.

Domestic and family violence remains the leading cause of people seeking homelessness support. In regional areas where rental markets are tight and crisis accommodation is scarce, the choice to leave an unsafe environment is often fraught with risk.

“Too many parents are forced to make impossible choices because leaving an unsafe situation could mean facing insecure housing or homelessness. People shouldn’t be faced with that choice,” Mr. Hoare said.

Barnardos is calling for urgent investment in services designed to keep families safe and prevent them from spiralling into poverty, which can have life-long effects for children in our communities.