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Restitution - Questions and Answers The Victims Services website has moved.
Please select this link to access the new site, or wait to be re-directed in 5 seconds. Why wasn't I informed when the victim made an application for compensation? The person identified as the defendant is not notified when a victim makes an application for statutory compensation. The Legislation makes no provision for a defendant to be informed. As the defendant in restitution proceedings you may respond by lodging a Notice of Objection. You should state your reasons why an order should not be made against you for the amount of compensation awarded to the victim. I didn't know the victim had any injuries! A person making an application for victims compensation must produce medical documentation - records and reports, to the Tribunal to substantiate any injuries sustained as a result of an act of violence. Why did it take so long to commence restitution proceedings against me? There are several causes for delay in commencing restitution proceedings. These include, the date of the lodgement of the application, the making of the award of compensation, delays in court proceedings and outdated particulars in court records, eg addresses. I can't afford to pay the amount of restitution on the notice, what can I do? If you would like to make an arrangement to pay an amount of restitution, your financial circumstances can be considered by the Registrar. The Tribunal may also consider your financial circumstances at a hearing to make an order for restitution. You need to lodge a Notice of Objection, an Affidavit of Financial Circumstances and supporting documents. I believe there were circumstances surrounding the incident which reduce my blame for the victim's injuries. The amount of restitution may be fixed having regard to such matters that are considered relevant by the Tribunal. You should lodge your Notice of Objection stating the reasons why you believe your blame is reduced. You may also wish to make an offer to pay an appropriately reduced proportion of the compensation awarded. I was one of four co-accused in the court proceedings, will the other defendants be required to pay restitution? The legislation makes all persons convicted jointly and severally liable for an award of compensation. Provisional orders will be served on all persons. You may wish to make an arrangement to pay a proportion of the amount awarded, or you can request that the Tribunal sets a proportion that you will be required to pay at a restitution hearing. I was found guilty of the offence but I still claim I was innocent. I have fresh evidence and witnesses to support me. The Victims Compensation Tribunal cannot overturn or go behind a court conviction. If you have a legally valid defence to an order for restitution, you should lodge your Notice of Objection. The matter will be listed for hearing and you will be required to present your evidence before the Tribunal. I am suffering severe personal financial hardship in my current circumstances, what should I do about restitution proceedings? If you suffer from a serious physical, mental or financial disability which affects your ability to pay restitution, you should lodge your Notice of Objection and supporting documents. The Tribunal may take relevant matters into account when making an order for restitution. I served a term of imprisonment for this offence, do I still have to pay restitution? Any sentence imposed by a Court does not discharge your obligation to pay restitution if the victim is awarded compensation by the Victims Compensation Tribunal. You can inform the Tribunal of any hardship suffered due to that imprisonment which has affected your ability to pay restitution. The restitution notice has upset me because this incident occurred in my past. I have a new life and family now and I don't want these proceedings to interfere with my financial situation. You can apply to the Registry for a payment arrangement which will minimise any disruption to your lifestyle. If you comply with the arrangements, the restitution order is not registered in court as a civil debt or with financial credit rating agencies. Can I convert the restitution order into warrants or a community service order or spend time in goal instead of paying an amount of money? No - the Tribunal is not authorised to impose these penalties in lieu of restitution. Restitution action is taken to recover the amount paid by the government to a victim. When I was convicted at Court, I had to pay a Victims Compensation Levy, do I also have to pay restitution? Yes - All offenders convicted of certain offences are required to pay a Victims Compensation Levy through the Court. Those levies contribute to the Victims Compensation Fund. If a victim is awarded compensation by the Tribunal, the defendant may also be required to pay restitution for that compensation. What happens after I lodge the Notice of Objection? The matter will be listed for a hearing at the Tribunal in Sydney. If you do not attend, the Tribunal may make an order in your absence. However if you are unable to attend, the Tribunal will take into account any correspondence or other material you have sent. Alternatively you may also request to make an arrangement to pay by instalments and the negotiation may take place by correspondence if necessary. What happens if I ignore the restitution notice? If the defendant does not lodge a Notice of Objection within 28 days, the Tribunal may make an order for restitution without holding a hearing. If a Notice of Objection is lodged within 28 days the Tribunal cannot make an order for restitution without holding a hearing. The Tribunal has indicated that the defendant should attend the hearing and present evidence in support of that Notice. However, if the defendant is unable to attend, the Tribunal will take into account any correspondence or other material sent. Once an order for restitution is made it is legally enforceable against the defendant and attracts interest. Where do I pay restitution? You should notify the Registry if you intend to pay the amount of restitution or if you would like to make an arrangement to pay. When an order has been made or, alternatively, an arrangement has been entered into, you will be advised in writing where payments should be sent. |
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