Restitution
If you were convicted of a relevant offence in NSW that caused injury to a victim, you may have to pay restitution. Restitution is when Victims Services takes action against you to recover the financial support and/or recognition payment paid to the victim or their family members.
This topic has information about:
This topic provides information for offenders who have received an order for restitution from Victim Services or an overdue fine notice from Revenue NSW about the payment of a restitution order. This topic does not provide information for victims of crime.
What is restitution?
Restitution is the process Victims Services follows when they start a claim against an offender to recover money paid to a victim or their family members for financial support and/or recognition following an act of violence. Victims Services will start the process by sending you an order for restitution.
This section covers:
- What is a relevant offence?
- What is a conviction?
- What is an order for restitution?
- Time limits
For more information, see What is restitution?
Responding to an order for restitution
An order for restitution is the first step that Victims Services takes to recover money from a person who has committed a violent act against a victim. An order for restitution was previously called a ‘provisional order’.
This section covers:
- Paying an order for restitution in full
- Objecting to an order for restitution
- Applying for a review at the NSW Civil and Administrative Tribunal (NCAT)
- Consenting to the order for restitution
- Doing nothing
For more information, see Responding to an order for restitution.
Existing payment arrangement with Victims Services
If you received a provisional order from Victims Services before 27 April 2020, and you have a payment plan with Victims Services, you must ensure your payments are made on time.
This section covers:
- If your financial circumstances have changed
- If you stop making repayments
For more information, see Existing payment arrangement with Victims Services.
Responding to an overdue fine from Revenue NSW
If you received an overdue fine from Revenue NSW for a restitution debt, it means that Victims Services has confirmed the order and referred it to Revenue NSW for enforcement. There are many ways you can respond to an overdue fine from Revenue NSW.
This section covers:
- If you are in prison
- Paying an overdue fine
- Applying for a Work and Development Order (WDO)
- Applying for a write off
- Applying for a review at the Hardship Review Board
- Getting help from an advocate
- Enforcement of an overdue fine
For more information, see Responding to an overdue fine from Revenue NSW.
Bankruptcy
Even if you are bankrupt or have applied for bankruptcy you may still be liable to pay restitution. Whether you are liable will depend on when you applied for bankruptcy.
This section covers:
- If you are already bankrupt and have received an order for restitution
- If you are thinking of applying for bankruptcy
- If you apply for bankruptcy after receiving an order for restitution
- If you apply for bankruptcy before receiving an order for restitution but no sequestration order is made until after the order for restitution is confirmed
- If you apply for bankruptcy after an order for restitution is confirmed
For more information, see Bankruptcy.
Who’s who at NCAT
This section has a picture of what a hearing room at the Tribunal looks like.
For more information, see Who’s who at NCAT.
Forms
This section has instructions, sample forms and sample letters.
For more information, see Forms.
Frequently Asked Questions
This section has answers to common questions that you may have when you are responding to an order for restitution, confirmed order or overdue fine.
For more information, see Frequently Asked Questions.
Last Updated: November 2021