What to do with an Order for Restitution
You have options before a Confirmed Order for restitution is made against you by the Commissioner for Victims Services.
A victim of an act of violence may be awarded financial support and/or a recognition payment. Victims Restitution Orders are the recovery of money from a person who has been convicted of the offence that led to the victim’s injury.
If you think there is a good reason why you shouldn’t have to pay the Victims Restitution Order, or the full amount, you can file an objection with Victims Services.
- You have been served an order for restitution by Victims Services and you want to dispute the order being made
- If you believe someone else should pay, or the debt should be shared by another person including a co-offender
- If you believe there was a mistake in making the order
Do not do this if:
- If the notice has come from Revenue NSW
Notice in writing within 28 days
There is a difference between an order for restitution and a confirmed order. You have 28 days to file an objection to the making of a Confirmed Order after an Order for Restitution has been made. This provides you a chance to tell your side of the story and explain your reasons for requesting an amount of restitution be reduced or dismissed.
If you agree with the making of the order, you can make an offer to settle restitution proceedings by offering a lesser amount and/or by seeking to pay by instalments, at any time after a provisional order or final order has been made.
Work and Development Order
If you cannot afford to pay and you meet the eligibility criteria, you may be able to work off your Victims Restitution Debt through a Work and Development Order.
Victims Restitution debts are enforced by Revenue NSW in the same way as unpaid fines. This means they can impose licence sanctions and business restrictions on you if your fines are not managed.
If you are disputing the making of the order or you cannot afford to pay you can get legal advice before contacting Victims Services or Revenue NSW about it.
How to dispute the notice
You can dispute the notice by completing the form attached to the notice and submitting it to Victims Services NSW within 28 days.
You should include evidence that is relevant to support your application including details on your financial circumstances.
Make an objection in writing
- If you have been served with a notice that a provisional order has been made you can file an objection with Victims Services within 28 days
- An objection gives you a chance to tell your side of the story and explain your reasons for requesting an amount of restitution be reduced or dismissed.
- You can make an objection by filling out a form and asking the Commissioner to consider your side of the story.
- Your financial circumstances may also be relevant. You may need some supporting information about this.
- The Commissioner will then consider your written submissions including supporting documentation and the documents on file.
- The Commissioner will decide if the Order for Restitution should be confirmed and notify you in writing of the decision
If the order for restitution is confirmed and a final order is made you can:
- Pay the debt in a lump sum
- Ask to pay the debt in installments
- Apply for a Work and Development Order to work off the debt or
- Get legal advice about options for further review.
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