Objecting to an order for restitution

You must complete an Objection to an order for restitution form.

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.

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: Objection to an order for restitution (PDF, 138KB).  
• Sample: Objection to an order for restitution (PDF, 140KB). 

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.

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. 

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.

Sample: Letter stating reasons for objection (PDF, 124KB). 

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.

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

Commissioner of Victims Rights 
Victims Services 
Locked Bag 5118
Parramatta NSW 2124

Keep a copy of your documents before you send it.

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 allows your objection in full, you won’t have to pay restitution.

If Victims Services allows part of your objection, you will need to pay the remaining amount in full. If you can’t pay the reduced amount in full, 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.

If Victims Services refuses 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.  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.

For more information, see Responding to an overdue fine from Revenue NSW.

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