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 28 days from the date of issue.

Payment options include:

• Pay the full amount of the Order. Payment details are included in the documentation.
  
• Lodge a written objection. The Commissioner will then consider submissions and documentation from you before deciding how much restitution is payable by way of lump sum. 
• Apply to enter into a time to pay arrangement with Revenue NSW for the full amount of the debt. The arrangement will outline:
  • the amount of restitution you will pay; and
    
  • how you will make the repayments.

What if I do not respond?

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.