Restitution - Arrangements & Orders
Please selct one of the links below to read about a topic that interests you:
What is an Arrangement with the Director?
What happens if my financial circumstances change in the future?
What if I don’t pay - can you make me pay?
If I pay and another co-offender doesn’t, what happens?
If I default on my arrangement/order what happens to the amount I owe?
I was to start making payments this month but I haven’t received the Restitution Order (Notice of Determination of Restitution)?
What is an Arrangement with the Director?
A defendant may make an offer to settle restitution proceedings, by offering a lesser amount and/or by seeking to pay by instalments, at any time by entering into an arrangement with the Director. The Director will take into consideration the same factors as the Tribunal, ie:
- culpability for the injuries to the victim,
- financial circumstances and
- any other relevant issues.
If there are two or more defendants, the amount to be paid will usually be apportioned.What happens if my financial circumstances change in the future?
If your financial circumstances change after you enter into an arrangement with the Director or an order has been made against you, you may write to the Director to advise of those changed circumstances and to seek an adjustment to the amount of any monthly instalment that is payable under the arrangement or order. Naturally, this change should also apply to your improved financial circumstances.
What if I don’t pay - can you make me pay?
If you don’t make payments in terms of an arrangement with the Director, the matter may be listed for hearing before the Tribunal and you may lose the benefit of any reduction or payment terms you agreed with the Director. The Tribunal may order you to pay the full amount provisionally ordered.
If you don’t make payment in terms of a restitution order, the Tribunal may seek enforcement of the order and you may have your goods seized or salary/wages or financial institution account garnisheed. If I pay and another co-offender doesn’t, what happens?
If you arrange or are ordered to pay a fixed amount of restitution, you are not responsible for any amount that is not paid by another defendant. However, if you have not responded to the provisional order by filing a notice of objection or seeking to enter into an arrangement with the Director, you may be ordered to pay the full amount provisionally ordered and may therefore become liable for the full amount awarded to the victim, even if there is more than one offender.
If I default on my arrangement/order what happens to the amount I owe?
If you default on an arrangement with the Director, the matter may be listed for hearing before the Tribunal and you may be ordered to pay the full amount provisionally ordered. The resultant restitution order is taken to be a judgement of the Local Court and is enforceable by seizure of goods or garnishing of your salary/wages or financial institution account.
I was to start making payments this month but I haven’t received the Restitution Order (Notice of Determination of Restitution)?
If you are aware of an amount that is payable under an arrangement or order but haven’t received the official copy of the arrangement or order by the time you are required to make payment, you should still pay the instalment or lump sum agreed or ordered. Failure to do so may cause enforcement action to commence. You should also contact Victims Services to find out what has happened to the official copy of the arrangement or order. Restitution Form
Application to Pay Amount of Restitution by Arrangement - Word 44Kb
|
