Source: Australian Capital Territory – State Government
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Released 03/12/2025
Today the ACT Government has introduced significant legislative reforms designed to increase protections and improve justice for victims of family, personal and sexual violence.
The Family, Personal and Sexual Violence Legislation Amendment Bill 2025 contains proposed amendments to establish the Family Violence Safety Notice Scheme, improve victim-survivors’ experiences in court proceedings, and make character references irrelevant in sentencing for sexual offences against children.
Attorney-General Tara Cheyne said the legislative changes proposed would improve court processes for victim-survivors and empower police to take immediate action to help prevent family, personal and sexual violence.
“The ACT Government is committed to addressing these damaging types of offending and reducing the impact and re-traumatisation that can be involved in pursuing justice through the legal system,” Minister Cheyne said.
“The new Family Violence Safety Notice Scheme will give police a greater ability to provide immediate protection for people at risk of family violence by allowing senior police officers to issue short-term notices when attending family violence incidents.
“These notices offer police an additional tool to protect victim-survivors, alongside existing powers to arrest and charge.”
The new scheme will replace the current After-Hours Order Scheme, which requires police to apply to a magistrate for a short-term protection order, and is only available outside business hours.
Family Violence Safety Notices can be issued at any time where there is a risk of family violence and immediate protection is required to ensure safety or prevent substantial property damage.
“This is a landmark reform to equip police officers with a stronger and more responsive tool to combat family and sexual violence,” Minister Cheyne said.
“It provides both an immediate response in the interests of a person’s safety, while also providing protection of up to 14 days, providing time for the protected person to seek and access support, including long-term protection through applying for a Family Violence Order.
“Importantly, in applying for and issuing a Safety Notice, police the views of the affected person and respondent, any history of family or personal violence by the respondent, and any hardship that may be caused to the respondent or anyone else by the issuing of the FVSN.
“Further, parties to an FVSN may apply to the court for the FVSN to be amended or revoked, allowing for judicial oversight and procedural fairness.”
The Bill will also remove the consideration of “good character” in sentencing people who are found guilty of sexual offences against children.
This amendment clarifies that all child sexual abuse offenders, regardless of their relationship status in relation to the victim-survivor, are treated equally by prohibiting any consideration of ‘good character’ during the sentencing for all child sexual abuse matters.
“We can no longer ignore the reality that someone guilty of a child sex offence has gained access to a child or children because there is a perception that they are of ‘good character’. This perception means they have been trusted with a child or children, giving them the access that resulted in the abuse being committed,” Minister Cheyne said.
“It is perverse that the same good character that facilitated the child sexual abuse, can then be presented as a mitigating factor during the offender’s sentencing.”
“Through this amendment, if you are found guilty of a sexual offence against a child, then evidence relating to your character or standing in the community, such as subjective qualities like someone saying you are ‘a good bloke’, will not reduce the severity of the sentence imposed.”
The reforms have been directly informed by and implement recommendations from the Your Reference Ain’t Relevant campaign, co-founded by survivors Harrison James and Jarad Grice.
Quote from Harrison James, Survivor and Co-Founder of the Your Reference Ain’t Relevant Campaign:
“For too long, survivors have had to sit in courtrooms and listen to their abuser described as a ‘good person,’ even when that reputation is what gave them access to the child they harmed. Today the ACT Government has shown it is prepared to lead the way in ending that injustice. I’m deeply grateful to Attorney-General Tara Cheyne for her courage and for standing with survivors. “
Media contact:
Harrison James welcomes media contact on 0452 603 044.
– Statement ends –
Tara Cheyne, MLA | Media Releases