Does the offender have a say in the compensation awarded?

No. The Tribunal does not inform the offender when a claim is lodged. The compensation process is separate from the restitution process.

Is the victim's privacy protected?

Some information may need to be made available to the offender for recovery proceedings taken by the Tribunal. The Tribunal may also be required to produce documents to a court where there is other legal action taking place. However, in general the material in the possession of the Tribunal is not released to other people.

Is the victim involved in 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.

Does the Director have a choice in recovering restitution?

Although the Victims Support and Rehabilitation Act 1996 states that the Director may recover restitution, the current policy is that the a Provisional Order is issued to all offenders convicted of the relevant offence. It is then open to the offender to object to the Order.

Does the offender have a say in how much restitution s/he has to pay?

The offender may appear before the Tribunal in a hearing and make submissions as to: his/her culpability for the injuries to the victim; his/her financial circumstances; and any other relevant matters. The Tribunal will make an order for restitution against the defendant, taking into consideration the submissions.

Alternatively, the defendant may apply to enter into an arrangement with the Director as to the amount of restitution to be paid and the manner in which that amount may be made, e.g. lump sum or instalment.