Why you should reply to a Provisional Order

Better outcomes
You will always get a better result or outcome to your restitution matter if you reply to the Provisional Order. Simply fill out and return the Notice of Objection. Alternatively, you can fill out and return the Application to Pay Amount of Restitution By Arrangement or By Instalments and the Affidavit of Financial Circumstances. You will also avoid additional costs associated with enforcement action, including interest and court costs.

Chance to tell your side of the story
If you reply for no other reason, it is a chance for you to tell your side of the story. You may have pleaded guilty to the offence that led to the Provisional Order being made and may not have been able to say what happened from your point of view. The Director and/or the Tribunal will listen to you. However, it is not an opportunity to have the criminal proceedings re-heard. Complete and return the Notice of Objection.

More than one person was charged or convicted
If you were not the only person charged or convicted of the offences(s) that led to the injury to the victim, the Director will be prepared to divide up the amount of the Provisional Order by the number of offenders involved. You just need to ask and provide information to the Director. Again, fill out and return the Notice of Objection, Affidavit of Financial Circumstances and Application to Pay Amount of Restitution By Arrangement or By Instalments.

Ask to pay less than the amount of the provisional order
If you have a good reason to ask for a reduction in the amount of the Provisional Order, the Director will consider your written explanation and may reduce the amount you have to pay. You just need to fill out and return the Affidavit of Financial Circumstances and the Application to Pay Amount of Restitution By Arrangement or By Instalments.

Director will accept monthly instalments
Provided you complete an Affidavit of Financial Circumstances with accurate and current information, the Director will always agree to let you pay your restitution by monthly instalments; the instalment amount will depend on your ability to pay.

Easy and free ways to make your monthly instalment
There are now some easy and free ways to pay your monthly instalments. They include the direct debit of your monthly instalment from most bank or other financial institution accounts or by fortnightly deduction from most Centrelink payments through Centrepay. We can also give you a deposit book so that you can make your payment directly into the Attorney General’s bank account. You can also choose to send a cheque or money order but you will have to pay for the postage, bank or other fees involved.

Restitution is not connected to the Victims Compensation Levy
The Provisional Order is separate from the levy that you were required to pay following your conviction for the offence(s) that led to the award of compensation.

Restitution is a different process from your criminal proceedings
The restitution process is a civil legal process and is separate from your criminal proceedings. If a victim is injured as a result of an act of violence, the person is entitled to apply for compensation.

Questions?
If you have any questions about the restitution process, please contact Victims Services on (02) 9374 3111 or 1800 069 054 (toll free) and ask for the Restitution Section.