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Restitution by offenders
When a victim of a crime receives financial support under the Victims Rights and Support Act 2013 (VRS Act 2013), the Commissioner of Victims Rights can recover money from a person who has been convicted of the criminal offence, relating to the victim's claim. An Order for Restitution is issued against the convicted offender.
A 'conviction' includes bonds, fines, community service orders, imprisonment and other penalties. It also includes an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999.
Are there time limits?
An Order for Restitution can be made up to two years after a conviction, or up to seven years after a victim claims financial support.
What does the Order say?
The Order sets out:
- the name of the victim
- the amount and date of the victims’ support payment
- relevant conviction details relating to the defendant/defendants.
What should I do when I get an Order?
The Order must be paid by the date given in the Order. The Order will set out the payment options available.
What if I do not respond?
The Order for Restitution is automatically confirmed on the date specified in the Order. This amount will then be transferred to Revenue NSW. Once the debt has been transferred, enforcement action will commence. For more information on next steps, visit Revenue NSW.
You can also contact LawAccess NSW for free advice.
I have already served my sentence for this offence through the criminal proceedings, why do I have to pay this Order of Restitution?
The restitution process is a civil legal process and is separate from the criminal proceedings.
I did not receive a conviction in court and the matter was dismissed. Why am I paying this?
For the purposes of the Victims Rights and Support Act 2013, a 'conviction' includes an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999. Similarly, the juvenile equivalents under section 33 (other than section 33(1) (a)) of the Children (Criminal Proceedings) Act 1987 are a 'conviction'.
Why do I have to pay restitution if I have paid the Victims Support Levy?
The Victims Support Levy is an amount levied on people who are found guilty of offences in NSW Courts. Payment of the levy is made to a court and is separate from restitution.
Why wasn't I told when the victim lodged the application?
Victims support payments can be made before any person is charged with a crime. Restitution orders can only be made when someone has been convicted of the offence that resulted in support payments.
Can I convert the order into warrants, a community service order or spend time in jail?
No - Victims Services is not authorised to impose penalties.
Last updated:
03 Dec 2024
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