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An order for restitution is the first step in the restitution process. It was previously called a ‘provisional order’.
When you get an order for restitution you have a number of ways to respond.
You have 28 days to respond to an order for restitution, even if you are in prison. You may be able to get an extension of time in exceptional circumstances.
This section covers:
You can pay an order for restitution in full by Electronic Funds Transfer (EFT) through your bank or sending a cheque made payable to the NSW Department of Communities and Justice.
The amount must be paid in full. You can’t apply to pay by instalments.
For more information, see Paying an order for restitution in full.
You may be able to object to an order for restitution and reduce the amount depending on the facts surrounding the offence you committed and your ability to pay.
If your objection is successful, you must be able to pay the reduced amount in full. You can’t apply to pay by instalments.
Step by step guide: Objecting to an order for restitution
You can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review of Victims Services decision if you filed an objection to an order for restitution and you are unhappy with the decision, or you didn’t receive a response from Victims Services.
There are strict time limits to apply for a review.
Step by step guide: Applying for a review at NCAT
You can consent (give permission) to Victims Services to transfer the debt to Revenue NSW if you are unable to pay the full amount of an order for restitution. This means that you agree to the amount of the debt and want the option to pay the debt through Revenue NSW. Once the debt is transferred to Revenue NSW, enforcement costs may be added if you don’t pay by the due date.
If you consent to the order for restitution, you can’t apply for an objection later.
Step by step guide: Consenting to the order for restitution
If you don’t respond within 28 days Victims Services will confirm an order for restitution.
Once an order is confirmed, it will be transferred to Revenue NSW for enforcement. If this happens, you will receive an overdue fine from Revenue NSW. This means that Revenue NSW can take enforcement action to recover the money from you.
If you have received an overdue fine, see Responding to an overdue fine from Revenue NSW.
NSW Civil and Administrative Tribunal - Evidence and witnesses
NSW Civil and Administrative Tribunal - Victims restitution payments
Victims Services - Restitution by offenders