Step by step guide - Objecting to an order for restitution

Objections to an order for restitution must be made using a Victims Service form.

You have 28 days to respond to an order for restitution, even if you are in prison.

Step 1: Get the form

You will need one form:

• Objection to an order for restitution

The form is included in the order for restitution pack you received from Victims Services.

If you don’t have a copy of the form, you should contact Victims Services on 1800 633 063.

Step 2: Complete the Objection to an order for restitution

You must include the following information in the Objection to an order for restitution form:

• your file number
• your debt number
• your full name and address as the defendant
• the amount of the debt
• the date of the order.

You will need to tick the box stating that you object to an order for restitution being made.

You will need to sign the bottom of the form in front of a witness. A witness can be anyone over the age of 18 years old. 

The witness will also need to write their full name, sign and date the form.

Instructions: Instructions for completing an Objection to an order for restitution 

Sample: Objection to an order for restitution

Step 3: Prepare your documents

Think about the reasons for your objection and decide what supporting documents you want to provide. This may include:

• a recent payslip
• a bank statement
• a medical report
  
• character references
• evidence of debt and liabilities 
• letter of remorse/apology.

Step 4: Write your letter

You will need to prepare a letter explaining the grounds (reasons) why you are applying for an objection.

In your letter, you should include:

• information about the offence that led to the injuries to the victim
• if there were other co-offenders who were also charged or convicted of the same offence 
• your age at the time of the offence, if relevant
• your financial circumstances and how much you can afford to pay in full
• any other relevant issues, for example your current personal circumstances and what actions you have taken since the act of violence and how remorseful you are. 
  

Sample: Letter stating reasons for objection 

Step 5: Attach your supporting documents

After you have written your letter, attach a copy of any supporting documents to the letter.

Don’t send original documents. You should send photocopies only.

Step 6: Send your application to Victims Services

You must post your completed Objection to an order for restitution, letter stating reasons for objection and any supporting documents to:

       Parramatta NSW 2124

Keep a copy of your documents before you send it.

Step 7: Wait for the decision of Victims Services 

Victims Services must make a determination (decision) within 90 days based on the information you have provided.

Victims Services will send you a letter explaining if they:

• allowed the objection in full
• allowed part of the objection 
• refused the objection, or
• need more information to make a decision. 

If Victims Services accepts your objection, you will need to pay the full amount within the due date. If you don’t pay, Victims Services can confirm the amount and transfer the debt to Revenue NSW for enforcement. 

If you don’t receive a response within 90 days, or you are unhappy with the decision, you can apply for a review at the NSW Civil Administrative Tribunal (NCAT). 

Step by step guide: Applying for a review at NCAT