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Recovery of compensation from criminal offenders (restitution) The Victims Services website has moved. Please select this link to access the new site, or wait to be re-directed in 5 seconds. Restitution action by the Victims Compensation Tribunal Once a victim has been paid an award of compensation from the Victims Compensation Fund, restitution action can be taken against any person who has been convicted of a relevant offence that led to the compensable injury for which the victim was compensated. The Victims Compensation Tribunal initiates the restitution proceedings. The victim is not required to be a party to the proceedings, however some information from the victim’s file may need to be provided to the offender for the restitution proceedings taken by the Tribunal. Any monies received from the defendant are paid back into the Victims Compensation Fund.
Recovery Action by the Victim from the Offender in a NSW Court (Civil Action) Action commenced by the Victims Compensation Tribunal is different from a civil action commenced by the victim against the offender or another party(ies) in court, where compensation may be paid directly by the offender or another party(ies) to the victim. If an award of victims compensation has been made, the victim must notify the Director or Registrar of the Victims Compensation Tribunal of any money received in the future from other sources (such as a civil action) in connection with the injuries, expenses and losses taken into account in the award of victims compensation. The victim must repay from the amount awarded any such future amounts as referred to above, on demand by the Director or Registrar. For more information, select this link.
Further Information If you need further information about restitution, staff in the Tribunal can assist you. You may either attend in person or contact staff by telephone on (02) 9374 3111. You may wish to seek legal advice from a solicitor (at your own cost) or alternatively make an appointment to see a Chamber Magistrate at a Local Court (a free service).
Commonly asked Questions Restitution staff deal with many enquiries from people against whom restitution action has begun. Some of the most common questions and answers are outlined in this guide. The examples may assist you prior to receiving any further advice from the Registry. To access the ‘Questions and Answers’ section, select this link
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