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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.
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.
The Order sets out:
The Order must be paid 28 days from the date of issue.
Payment options include:
The Order for Restitution is automatically confirmed 28 days from the date of issue for the full amount, payable immediately. 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.
The restitution process is a civil legal process and is separate from the criminal proceedings.
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'.
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.
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.
No - Victims Services is not authorised to impose penalties.
19 Aug 2021
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.