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This topic covers
- Responding to an Order for Restitution (previously called Provisional Orders)
- Applying for a review at the NSW Civil and Administrative Tribunal (NCAT)
- Existing orders and payment arrangements with Victims Services
- What happens when a Confirmed Order (previously called a Restitution Order)Â is referred to Revenue NSW for enforcement
- Dealing with an overdue fine from Revenue NSW
- Bankruptcy
- Responding to an Order for Restitution (previously called Provisional Orders)
Order for Restitution
| Time limit | Action |
|---|---|
Within two years:
whichever is later | Victims Services can issue an Order for Restitution |
Recognition payments
| Time limit | Action |
|---|---|
| Within 10 years of the victim turning 18 | A victim can apply for a recognition payment for domestic violence and child abuse offences, if the victim was under 18 at the time of the offence. |
| No time limit | A victim can apply for a recognition payment for a sexual assault, if the victim was under 18 at the time of the offence. |
| Within two years of the victim turning 18 | A victim can apply for a regonition payment other relevant offences, if the victim was under 18 at the time of the offence. |
| 10 years | From the date of the violent act, a victim can apply for a recognition payment for domestic violence, child abuse and sexual assault offences if the victim was over 18 at the time of the offence. |
| Two years | From the date of the violent act, a victim can apply for a recognition payment for other relevant offences, if the victim was over 18 at the time of the offence. |
| Two years | From the date it was confirmed that the victim died as a result of an act of violence (not the date of the violent act), a family member may apply for a recognition payment. |
Reviews and appeals
| Time limit | Action |
|---|---|
| 28 days | From the date you were served with an Order for restitution to file an objection. In some circumstances, Victims Services may grant a longer period if you are able to show you can pay the amount as a lump sum payment. If you have not filed an objection, the Order for Restitution will be confirmed and transferred to Revenue NSW for enforcement. |
| 60 days | From the date of the decision, if you filed an objection, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review, |
| 90 days | From the date you filed an objection, if you don't hear a response from the Commisisoner, you can apply to NCAT for a review. |
| 12 years | For Victims Services to enforce a debt against you. |
| No time limit | For Revenue NSW to enforce overdue fines. |
Organisation
| Organisation | Responsibilities |
|---|---|
| NSW Civil and Administrative Tribunal (NCAT)Â | Can reviews decisions where an order has been confirmed after you wrote a written objection. |
Legislation
| Authority | Covers |
|---|---|
| Victims Rights and Support Act 2013 (NSW) | Orders for restitution. |
| Fines Act 1996 (NSW) | The transfer of Confirmed Orders to Revenue NSW. |
| Common term | Definition |
|---|---|
| ​Advocate | ​Individuals from organisations registered with Revenue NSW to speak to Revenue NSW on behalf of a client to discuss their options to deal with a fine. Advocates include employees from organisations like Legal Aid NSW, Community Legal Centres and Financial Counsellors Association of NSW. |
| ​Bankruptcy | ​A legal process where people who cannot pay their debts give up their assets and control of their finances, either by agreement or a court order, in exchange for protection from legal action by creditors. |
| ​Confirmed Order for restitution | ​An Order for Restitution that has been confirmed by Victims Services. This was previously known as a Restitution Order. |
| ​Consent to an order for restitution | When the defendant agrees to an Order for restitution to be referred to Revenue NSW. |
| Conviction | ​When the Court accepts your plea of guilty or decides you are guilty after a hearing. When you are convicted you are also given a penalty (sentence). |
| ​Hardship Review Board | ​An independent body established under the State Debt Recovery Act 2018 which reviews decisions made by Revenue NSW. |
| ​Objection to an order for restitution | ​An objection made by the defendant to an Order for restitution. |
| Order for Restitution​ | An order made by the Commissioner of Victims Rights seeking payment from a person convicted of an offence where a victim was paid an amount of money under the Victims Support Scheme. The notice sets out the:
This was previously known as a Provisional Order. |
| ​Overdue fine notice | ​Issued by Revenue NSW after you've failed to pay your fine by the due date on your penalty reminder notice. When an overdue fine is issued, a fee is added to the unpaid fine. The overdue fine gives you 28 days to pay in full before Revenue NSW will take further action against you. |
| ​Provisional Order | ​See Order for Restitution. |
| ​Restitution | ​The legal process of recovering money paid to the victim or their family members. |
| ​Restitution Order | ​See Confirmed Order for restitution. |
| ​Sequestration order | ​An order made by a Registrar or Judge of the Federal Court of Australia, or a Judge from the Federal Circuit and Family Court of Australia, making a person bankrupt based on a creditor's petition or other application under the Bankruptcy Act 1966 (Cth). |
| ​Victim of crime | ​A person who suffers harm as a direct result of an act committed by another person in the course of a criminal offence. |
| ​Victims Services | ​An agency within the Department of Communities and Justice. Victims Services provides access to counselling and financial assistance to victims of violent crime in NSW under the Victims Support Scheme, promote the Charter of Victims Rights and deliver related programs. |
| ​Victims support | ​Financial support and/or recognition payment paid to the victim by the Commissioner of Victims Rights. |
​Work and Development Order (WDO) | An order made by Revenue NSW directing a person to:
to satisfy an unpaid fine.  |
​Write off application | ​An application made to Revenue NSW to waive a fine where the person is unable to pay their debt through any of the payment options because of their serious financial, medical or other problems. |
| Organisation | Fee |
|---|---|
| Victims Services | There is no fee to object to an Order for Restitution. |
| If you already have an existing payment arrangement, there is no fee to vary your payment arrangement. | |
| Revenue NSW | You will have to pay additional fees for any enforcement action taken by Revenue NSW. For more information, see What if I do nothing? on the My problem is about section of our website. |
| NSW Civil and Administrative Tribunal (NCAT) | There is a filing fee to apply for a review in the Administrative and Equal Opportunity Division of NCAT. For more information, see Fees at NCAT on the NCAT website. |
| Organisation | Forms |
|---|---|
| Victims Services | To object to an Order for Restitution you must complete the Objection to an order for restitution form. You will need to attach a supporting letter. A copy of the form is provided in the Order for Restitution package you receive from Victims Services. |
| If you can't pay an Order for Restitution, you can request for the Order to be transferred to Revenue NSW. You will need to complete the Consenting to the order for restitution form. A copy of the form is provided in the Order for Restitution package you receive from Victims Services. You can also get a copy from Victims Services. | |
| If you are paying an existing order (an order made before 27 April 2020) by instalments and want to change the payment plan, you must send Victims Services a request for variation. There is no form. You can do this by phone, letter or email. | |
| Revenue NSW | You can set up a payment plan to pay by instalments. For more information, see Set up a payment plan on the NSW Government website. |
| Apply to reduce your fine through a Work and Development Order (WDO) if you are eligible. See Difficulty paying your fine on the NSW Government website. | |
| Apply for a write off if you are unable to pay your fine. The application must be made in writing or online. The application must include a completed Declaration of your circumstances. To make a write off application, see Apply to have your fine written off on the NSW Government website. |
| Organisation | Type | Costs |
|---|---|---|
| NSW Civil and Administrative Tribunal (NCAT) | Legal costs | If you apply for a review at NCAT you will have to pay your own legal costs. NCAT does not have the power to make cost orders in restitution cases. |
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Last updated: February 2024