A position statement from the Victims' Commissioner

In relation to recent reports, in The Courier-Mail, of potential bi-partisan support for reforms to the use of good character evidence, I would like to make my position on this matter clear.

Good character evidence includes:

• references about an offender’s good character
• an offender’s standing in the community
• any significant contributions made to the community by the offender.

I acknowledge the recent recommendation on ‘good character evidence’ made by the Queensland Sentencing Advisory Council in its report, 𝗦𝗲𝗻𝘁𝗲𝗻𝗰𝗶𝗻𝗴 𝗳𝗼𝗿 𝗥𝗮𝗽𝗲 𝗮𝗻𝗱 𝗦𝗲𝘅𝘂𝗮𝗹 𝗔𝘀𝘀𝗮𝘂𝗹𝘁: 𝘁𝗵𝗲 𝗥𝗶𝗽𝗽𝗹𝗲 𝗘𝗳𝗳𝗲𝗰𝘁, but in my independent view, it doesn’t go far enough.

The Council recommended that Courts should 𝗼𝗻𝗹𝘆 be able to consider good character evidence if it impacts upon the offender’s risk of reoffending.

As Victims’ Commissioner, I 𝘀𝘂𝗽𝗽𝗼𝗿𝘁 section 9 of the 𝘗𝘦𝘯𝘢𝘭𝘵𝘪𝘦𝘴 𝘢𝘯𝘥 𝘚𝘦𝘯𝘵𝘦𝘯𝘤𝘦𝘴 𝘈𝘤𝘵 1992 (Qld) being amended to provide that a court 𝗺𝘂𝘀𝘁 𝗻𝗼𝘁 consider any ‘good character’ evidence for offenders 𝗶𝗻 𝗮𝗻𝘆 𝗰𝗶𝗿𝗰𝘂𝗺𝘀𝘁𝗮𝗻𝗰𝗲.

Victim-survivors continue to share their distress and trauma about the acceptance and reliance of character references, with little to no effort made by anyone to verify the content.

Victim-survivors have said this evidence is an attempt to minimise, or counteract, the hurt caused by an offender.

These limited amendments proposed by QSAC will not resolve these issues. Completely preventing the use of good character evidence is the best way to show victims they are being listened to, and their significant concerns have been addressed.

𝗕𝗲𝗰𝗸 𝗢’𝗖𝗼𝗻𝗻𝗼𝗿
Victims’ Commissioner