Legislative Council: Tuesday, April 30, 2024

Contents

Sentencing

The Hon. L.A. HENDERSON (15:26): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding sentencing.

Leave granted.

The Hon. L.A. HENDERSON: Last year, a campaign called 'Your Reference Ain't Relevant' was launched in New South Wales which has raised concerns about the use of good character as a mitigating factor in sentencing for some child sex offences. In July of last year, the New South Wales government announced that the Department of Communities and Justice had commenced a review into their state's Crimes (Sentencing Procedure) Act and the use of evidence of good character in child sexual offence matters. My questions to the minister are:

1. Has there been discussion by the Standing Council of Attorneys-General to review or amend the use of evidence of good character in the sentencing of child sexual offences?

2. Does the Attorney have a position on this proposal?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:27): I thank the honourable member for her question. In the probably, I am guessing, eight to 10 meetings of the Standing Council of Attorneys-General I do not remember a specific discussion on that matter, but I am happy to go back and check. The next meeting of the standing council is in the middle of this year.

Certainly, I am absolutely open to looking at any sensible proposal that will make those who commit these sorts of offences held more accountable for their actions. We had a recent review that we will be acting on about how evidence can be used and how sentencing instructions and instructions to juries from judges in matters of sexual assault can happen and we look particularly at what is being reformed in other states and I am more than happy to look at good reforms that make people safer.