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 received compensation. The offender will be asked to pay back all or some of the compensation paid by the Fund to the victim. Information on this page includes:

• how does resititution work?
• restitution forms
• commonly asked questions by the victim
• commonly asked questions by the offender
• civil action (recovery action by the victim from the offender in a NSW court)

Stage 1

The Director, Victims Services, initiates the restitution proceedings by making a Provisional Order for Restitution against the defendant (offender) for the amount of money awarded to the victim plus any recoverable expenses.

Stage 2

The defendant may respond to the Provisional Order by filing a Notice of Objection. If the defendant fails to respond to the Provisional Order, the Tribunal may confirm the Provisional Order for the full amount and the resultant restitution order may be enforced under the Local Courts (Civil Claims) Act 1970.

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.

Stage 3

If the defendant files a Notice of Objection, the matter is then listed for a hearing before the Tribunal. 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. At the hearing, the defendant may 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.

 

restitution forms

Application to Pay Amount of Restitution by Arrangement

Affidavit of Financial Circumstances

Notice of Objection

commonly asked questions by the victim

Some applicants for victims compensation have concerns about their role in this process. Here is a list of commonly asked questions:

• does the offender have a say in the compensation awarded?
• is the victim’s privacy protected?
• is the victim involved in the restitution proceedings?
• does the Director have a choice in recovering restitution?
• does the offender have a say in how much restitution s/he has to pay?

commonly asked questions by the offender

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 us. To access the ‘Questions and Answers’ section, select this link or choose one of the following questions:

• why wasn't I informed when the victim made an application for compensation?
• I didn't know the victim had any injuries
• why did it take so long to commence restitution proceedings against me?
• I can't afford to pay the amount of restitution on the notice, what can I do?
• I believe there were circumstances surrounding the incident which reduce my blame for the victim's injuries.
• I was one of four co-accused in the court proceedings, will the other defendants be required to pay restitution?
• I was found guilty of the offence but I still claim I was innocent. I have fresh evidence and witnesses to support me.
• I am suffering severe personal financial hardship in my current circumstances, what should I do about restitution proceedings?
• I served a term of imprisonment for this offence, do I still have 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.
• 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?
• when I was convicted at Court, I had to pay a Victims Compensation Levy, do I also have to pay restitution?
• what happens after I lodge the Notice of Objection?
• what happens if I ignore the restitution notice?
• where do I pay restitution?

civil action (recovery action by the victim from the offender in a NSW court)

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 after the award of victims compensation from other sources (such as a civil action or workers compensation claim) 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 in victims compensation, any such future amounts as referred to above, on demand by the Director or Registrar.

Select this link for more information on repaying compensation