Restitution

I have a current payment plan with Victims Services. I am having difficulty keeping up with the repayments. What can I do?

If you are falling behind on your payments to Victims Services, you should contact Victim Services to explain your financial situation and ask for a variation of your payment plan.

There is no specific form. You can request a variation by phone, email or letter and provide supporting evidence to show that you are unable to keep up with the payments.

It is up to Victims Services whether they agree to change your payment plan. 

If you stop making payments, Victims Services can transfer the debt to Revenue NSW for enforcement.

What is an ​Order for Restitution?

An Order for Restitution is an order made against an offender stating that they must pay an amount of money to Victims Services because they were convicted of an offence in which the victim was granted support under the Victims Support Scheme.

An Order for Restitution includes:

• the amount and date of the award/or victims support payment
• the name of the victim
• relevant conviction details.

Why has restitution action been taken when I have already been punished for the crime?

​​When you were convicted of the offence you would have been sentenced (given a penalty) for the crime. This may have included a fine, bond, community service order or a gaol sentence.

​Restitution is different to those criminal proceedings. It is civil action taken by the government to recover money from a convicted offender where the victim was paid an amount of money under the Victims Support Scheme.

If you disagree with the money being claimed from you, or you can't afford to pay, you should get legal advice.

If you have received an Order for Restitution you have 28 days from being served with the order to make a written objection.​

Why have I received an Ord​er for Restitution if I paid the victims support levy?

Restitution proceedings are different from the criminal proceedings you were involved in. When you are convicted of a crime and sentenced, a ​​​victims support levy can be imposed for certain offences in addition to your other penalties and court costs. The levy amount is a​ specific amount set down by legislation.

Restitution is separate action the government takes to recover money from a convicted offender because the victim has been paid an amount of money under the Victims Support Scheme.

What if I ​​was under 18 at th​e time of the offence?

An Order for Restitution can still be sent to you even if you were u​nd​​e​r 18 at the time of the offence.

If you want to reduce the amount in the order, you should get legal advice about filing an objection. You have 28 days from the date you are served to object to an Order for Restitution.

What can I do if I receive an Order for Restitution?

If you have received an Order for Restitution you can:

• pay the full amount
  
• file an objection to reduce the amount
• consent to the order and request for the amount to be transferred to Revenue NSW to pay by instalments. 

You have 28 days from the date you were served to respond to an Order for Restitution. If you don't respond, the Order for Restitution will be confirmed and transferred to Revenue NSW for enforcement. 

For more information, see Responding to an order for restitution on the My problem is about section of our website.

Can I make a payment arrangement with Victims Services?

No. You can't arrange with Victims Services to pay by instalments. However, you can consent to the order and request for the amount to be transferred to Revenue NSW so you can:

• apply to pay by instalments
  
• complete a Work and Development Order if you are eligible, or
  
• apply for a write off, depending on your circumstances.
  

For more information, see Responding to an order for restitution on the My problem is about section of our website.

What if I can't affor​​d to pay an Order for Restitution?​

If you can't afford to pay the full amount on an Order for Restitution, you can:

• make a written objection to reduce the amount of the order, or  
• consent to the order and request Victims Services to transfer the amount to Revenue NSW so that you can apply to pay by instalments, apply for a Work and Development Order or apply for a write off.
  

You have 28 days from the date you are served to respond to an Order for Restitution.

​How do I object to an Order for Restitution?

To object to an Order for Restitution you must complete an Objection to an Order for Restitution form. A copy of the form is provided in the Order for Restitution package you receive from Victims Services. If it is not in the package you received, you can call Victims Services and ask for the form to be sent to you.

You must also attach a separate letter explaining the reasons why you are objecting to the order, including:

• your degree of responsibility for the injuries to the victim
• your financial circumstances
• other persons also being charged and/or convicted in relation to the same offence and injury
• your age at the time of the incident, and
• any other relevant issues.

You must object within 28 days of the date you are served with the Order.

Before objecting to an Order for Restitution, you should get legal advice.

For more information, see Step by step guide - Objecting to an order for restitution on the My problem is about section of our website.

What happens ​after I make a written objection?

After you make a written objection, Victims Services will either:

• vary the order made against you, or 
• confirm the amount.

​​​You will not have an opportunity to meet with anyone or explain anything in person. This is why it is very important that you include all important information in your written objection.

You have 60 days from the date of the decision to apply for a review at the NSW Civil and Administrative Tribunal (NCAT). 

If you have not heard from Victims Services, you have 90 days to apply for a review at NCAT.

Can I still object if it has bee​n more than 28 days since I was served with an Order for Restitution?

After 28 days of being served with an Order for Restitution, Victims Services can confirm the amount on the order if you have not responded and transfer the debt to Revenue NSW for enforcement. 

You may be able to make a written objection, depending on your circumstances. You should speak to an advocate about your options. An advocate can help you to decide what is best to do in your situation.

If my application for an objection is successful, can I pay by instalments?

No. You will need to pay the reduced amount in full. 

If you are unable to pay the reduced amount in full, Victims Services can transfer the debt to Revenue NSW for enforcement. Once this happens, you can then apply to pay by instalments through Revenue NSW. You can speak to an advocate about your options.

​Can I apply for a ​re​vie​​​w of Victims Services decision?​

If you filed an objection and you are unhappy with the decision, you have 60 days from the date of the decision to apply for a review in the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (NCAT).

For more information, see Step by step guide - Applying for a review at NCAT on the My problem is about section of our website.

I missed the hearing at NCAT. Can I ask to have my case re-heard?

If you applied to NCAT and your case was dismissed because you missed the hearing, you may be able to ask NCAT to reinstate your case within seven days.  

You may also be able to apply to set aside or vary the decision within seven days if you could not attend the hearing and your case was not adequately put to NCAT. 

For more information, see After the decision on the My problem is about section of our website.

Can I appeal the decision of NCAT?

If you are unhappy with the decision made by the NSW Civil and Administrative Tribunal (NCAT), you may be able to appeal to the Appeal Panel of NCAT within 28 days. 

You may be able to appeal: 

• on a question of law 
• on any other question, with the leave (permission) of the Appeal Panel. 

For more information, see After the decision on the My problem is about section of our website.

Can Victims Services confirm an order if I have not received anything?

Before Victims Services can confirm an order, they must serve you with an Order for Restitution and give you 28 days from the date of service to respond. 

The date of service is the seventh working day after the date on which the notice was posted.

If you did not receive an Order for Restitution Victims Services can still confirm an order if they can show it was posted to your last known address and allowed enough time for service.

What will happen if ​I refuse​ to pay?

If you don't pay an Order for Restitution within 28 days, Victims Services will confirm the order and refer the debt to Revenue NSW for enforcement action. Revenue NSW will send you an overdue fine notice and add enforcement costs to the total amount of money you owe. If you don't pay the fine and enforcement costs, Revenue NSW can take enforcement action against you, including:

• cancelling or suspending your driver licence or your vehicle registration
  
• ordering you to attend an examination to outline your financial situation
  
• deducting money from your bank account or wages
  
• authorising the Sheriff to seize your goods or property
  
• placing a charge on any land or property you own.

Revenue NSW can do one or more of these things until they recover the money. For each action taken, Revenue NSW can charge enforcement costs.

What if I do not respond to an Order for Restitution? 

If you don't respond to an Order for Restitution within 28 days, Victims Services will confirm the amount in the order and refer your matter to Revenue NSW. Revenue NSW will send you an overdue fine notice and add enforcement costs to your fine. If you don't pay the overdue fine and enforcement costs, Revenue NSW can take enforcement action against you, including:

• cancelling or suspending your driver licence or your vehicle registration
  
• ordering you to attend an examination to outline your financial situation
  
• deducting money from your bank account or wages
  
• authorising the Sheriff to seize your goods or property
  
• placing a charge on any land or property you own.

Revenue NSW can do one or more of these things until they recover the money. For each action taken, Revenue NSW can charge enforcement costs.

If a matter is referred to Revenue NSW within 12 years of a Confirmed Order, there is no time limit for Revenue NSW to take enforcement action.

How long does Victims Services have to enforce a Confirmed Order?​

Victims Services has 12 years from the date of a Confirmed Order to chase you for the money or to refer the order to Revenue NSW. When the debt is referred to Revenue NSW, it becomes an overdue fine and there is no time limit to enforce the order. Revenue NSW will send you an Overdue Fine Notice and add enforcement costs to the total fine amount.

If Revenue NSW are trying to enforce an order and Victims Services did not refer the matter within the 12 year period, you should get legal advice.

Why is Revenue NSW, and not Victims Services, asking me to pay an overdue fine?

Victims Services can confirm an Order for Restitution if the amount is still owing in relation to that order, and refer the debt to Revenue NSW to take enforcement action.

Victims Services have 12 years from the date of the Confirmed Order to refer the order to Revenue NSW.

If it has been more than 12 years since the order was confirmed by Victims Services, you should get legal advice.

For more information, see Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

Can Victims Services refer my debt to Revenue NSW more than 12 years after the date of the Confirmed Order?

If Victims Services have referred the matter to Revenue NSW more than 12 years from the date of a Confirmed Order, you may be able to get the Overdue Fine Notice withdrawn. 

You will need to contact Revenue NSW about having the fine put on hold and referring your matter to Victims Services.

Before contacting Revenue NSW, you should get legal advice.

Who can I speak to about the amount claimed in the overdue fine?

If you want information about the Confirmed Order, you can contact Victims Services to get a copy of the order.

If you want to speak to someone about your options to pay the fine, you should speak to Revenue NSW.

If Victims Services has referred a Confirmed Order to Revenue NSW that has been settled, you should get legal advice.

If you are experiencing serious hardship, it is a good idea to ask an advocate to speak to Revenue NSW on your behalf.

For more information, see Getting help from an advocate in Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

What if I wasn't the only one convicted?

If you are one of two or more people fined for the restitution amount, you are jointly and severally liable for the full amount of the overdue fine. This means that you or any other person noted in relation to the fine can be held responsible for the entire restitution amount.

You can contact Revenue NSW to see if payment has been made by any other person for part of the Confirmed Order.

If Revenue NSW are trying to recover the full amount from you, you should get legal advice. 

For more information, see Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

What if I am bankrupt or I apply for bankruptcy?

If you are already bankrupt and you have received an Order for Restitution, you should contact your Trustee immediately.

If you are in financial hardship and thinking about applying for bankruptcy, you should get legal advice about your situation. 

What are my options when I receive an overdue fine?

If you receive an overdue fine from Revenue NSW, you can respond by:

• paying in full
  
• paying by instalments
  
• applying for your fine to be written off
  
• applying for a Work and Development Order.
  

If Victims Services has referred a Confirmed Order to Revenue NSW that has been settled, you should get legal advice.

If you are experiencing serious hardship, it is a good idea to get an advocate to speak to Revenue NSW on your behalf.

For more information, see Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

Who are advocates?

Advocates are organisations registered with the Revenue NSW's Advocacy Support Team, including:

• Legal Aid NSW
  
• NSW Community Legal Centres, and 
• support services like Financial Counsellors. 

The advocate and Advocacy Support Team work together to ensure you are aware of all available options to deal with your fine and get affordable payment plans.

Advocates can assist people:

• with a mental health impairment, cognitive impairment or intellectual disability
• who are homeless
• with a serious addiction to drugs, alcohol or volatile substances
• in prison and people recently released from custody
• people in serious financial, medical or domestic hardship
• under 18 years.

If you need help dealing with your fine, you should speak to your local advocate as soon as possible.

For more information, see Getting help from an advocate in Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

What difference does talking to an advocate make?

Advocates and the Revenue NSW's Advocacy Support Team can help you consider all your options to deal with your fine(s). Depending on your circumstances, your options can include:

• postponing the debt
• paying by instalments
• requesting a fine reduction
• a Work and Development Order
• applying for a write off.

When you speak to Revenue NSW through an advocate, the Advocacy Support Team may be more flexible and better able to assist you.

For more information, see Getting help from an advocate in Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

How will an application to pay by instalments be assessed?

An application to pay by instalments will be assessed only on your financial circumstances. Revenue NSW can take into account:

• how much you earn and spend
  
• your assets and other finances
  
• the amount to be repaid
  
• any previous arrangement to pay by instalments that you have had
  
• any other evidence to show your commitment to complete payments.
  

Depending on your circumstances, you can consider attaching your most recent:

• income statement from Centrelink, if you want to have payments deducted automatically from your Centrelink benefit
  
• pay slip, if you are employed
  
• bank statement(s).
  

If an advocate from the Advocacy Hotline sets up a payment plan for money to be deducted from your Centrelink benefit, you must be present and agree to the deduction authorisation script. You can also provide authority by completing and signing the 'Payment Plan Application - Individuals' form.

Completing an application will only stop further enforcement action if it is received and approved before the enforcement order(s) due date.

To apply to pay by instalments, see Paying an overdue fine by instalments in Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

How can I apply for write off?

If you have received an overdue fine and you are experiencing serious financial, medical or personal hardship, you may apply to Revenue NSW for your fine to be written off.

For more information, see Step by step guide - Applying for a write off on the My problem is about section of our website.

How will Revenue NSW assess a write off application?

To determine if Revenue NSW should write off a fine, they can consider a number of grounds, including:

• your financial, medical and domestic circumstances
  
• whether it is unfair or unjust to continue enforcement action
  
• whether it is uneconomical to pursue further enforcement action.
  

Revenue NSW can decide to write off all or part of a fine. If you get a partial write off, Revenue NSW can ask you to commit to other arrangements like partial payment by instalment and/or completing a Work and Development Order.

If Revenue NSW decides to write off your fine, Revenue NSW can reassess your situation within five years to see if they want to resume enforcement action against you for the written off amount.

Enforcement action may be resumed if you receive a further overdue fine, if your financial circumstances improve, or if it is found that information in your original write off application was false.

Am I eligible for a Work and Development Order?

You may be eligible for a Work and Development Order (WDO) if you:

• receive an eligible Centrelink benefit
  
• are in serious financial hardship
  
• are homeless
  
• have a serious addiction to drugs, alcohol or other substances
  
• have a mental illness
  
• have an intellectual disability
  
• have a cognitive impairment.
  

If you think you are eligible, you can contact the Legal Aid NSW WDO Service to see if there is an organisation that can assist you.

For more information, see Applying for a Work and Development Order on the My problem is about section of our website.

For further information, see Legal Aid NSW WDO Service on the Legal Aid website.

Can I apply for a Work and Development Order if I am interstate?

If you are eligible for a Work and Development Order (WDO), you can still apply for a WDO even if you are interstate. Revenue NSW may have details of organisations that you can work with in your State. They may also provide you details of NSW organisations that can arrange interstate WDOs.

For more information, see Request a work and development order on the Service NSW website.

Can I apply for a Work and Development Order if I am on a permanent or temporary Australian visa?

You can apply for a Work and Development Order (WDO) if you are on a permanent or temporary Australian visa. However, you need to seek advice about whether certain WDO activities breach your visa conditions.

You should contact the Department of Home Affairs.

For more information, see the Department of Home Affairs website.

What if my application for a write off or Work and Development Order is refused by Revenue NSW?

If your application is refused you can apply for a review at the Hardship Review Board. The Hardship Review Board can review a decision made by Revenue NSW. You can apply online, or ask someone at Service NSW to assist you to apply online.

You must show that you are unable to pay your debt because of your financial, medical and personal circumstances. 

The Hardship Review Board can direct Revenue NSW to:

• make, change or cancel a payment plan or Work and Development Order
• write off all or part of your overdue fines
• defer payment of your overdue fines
  
• refund a tax or duty that has been paid.

For more information, see Step by step guide - Applying for a review at the Hardship Review Board on the My problem is about section of our website.

What enforcement action can Revenue NSW take against me if I fail to pay an overdue fine?

You have 28 days to pay an overdue fine. If you don’t make arrangements to pay, Revenue NSW can take enforcement action against you to recover the debt. 

They can:

• suspend your driver licence
  
• cancel your registration
• garnish your wages or bank account
• seize your property
• ask you to go to the Court for an examination
• place a charge on your land.
  

For more information, see Enforcement of an overdue fine in Responding to an overdue fine from Revenue NSW on the My problem is about section of our website.

I am bankrupt and just received an Order for Restitution. What should I do?

You may still be liable to pay the amount if you were declared bankrupt before receiving the Order for Restitution from Victims Services. You should contact your Trustee and speak to them about your situation.

For more information, see Bankruptcy on the My problem is about section of our website.

I have been declared as bankrupt after receiving an Order for Restitution before the order was confirmed. Am I still liable to pay the debt?

If you apply for bankruptcy after an Order for Restitution is made against you but before the order is confirmed by Victims Services, you may still be liable to pay the debt. You should contact your Trustee and speak to them about your situation.

For more information, see Bankruptcy on the My problem is about section of our website.

I have been declared as bankrupt after an Order for Restitution was confirmed. Am I still liable to pay the debt?

You may not be liable to pay the debt if you applied and became bankrupt after an Order for Restitution was confirmed by Victims Services. It is important that you contact Revenue NSW as soon as possible to let them know that you have been declared bankrupt. You should also speak to your Trustee about your situation.

For more information, see Bankruptcy on the My problem is about section of our website.