You will get a better result or outcome to your restitution matter if you reply to the Provisional Order. Simply make objection to a Provisional Order for Restitution. Alternatively, you can fill out and return the Application to Pay Amount of Restitution By Arrangement or By Instalments and the Affidavit of Financial Circumstances. You will also avoid additional costs associated with enforcement action, including interest and court costs.
If you reply for no other reason, it is a chance for you to tell us in writing your side of the story. You may have pleaded guilty to the offence that led to the Provisional Order being made and may not have been able to say what happened from your point of view. The Commissioner of Victims Rights will consider any written submissions made requesting a reduction in the amount to be recovered. However, it is not an opportunity to have the criminal proceedings re-heard. Complete and return an objection to a Provisional Order for Restitution.
If you were not the only person charged or convicted of the offences(s) that led to the injury to the victim, the Commissioner will be prepared to divide up the amount of the Provisional Order by your culpability and the number of offenders involved. You just need to ask and provide information to the Commissioner. Again, fill out and return an objection, to a Provisional Order for Restitution. Affidavit of Financial Circumstances and Application to Pay Amount of Restitution By Arrangement or By Instalments.
If you have a good reason to ask for a reduction in the amount of the Provisional Order, the Commissioner will consider your written explanation and may reduce the amount you have to pay. You just need to fill out and return the Affidavit of Financial Circumstances and the Application to Pay Amount of Restitution By Arrangement or By Instalments.
Subject to your financial circumstances, and provided you complete an Affidavit of Financial Circumstances with accurate and current information, and provide supporting documentation, the Commissioner will agree to let you pay your restitution by monthly instalments; the instalment amount will depend on your ability to pay.
There are now some easy and
free ways to pay your monthly instalments. They include the direct debit of your monthly instalment from most bank or other financial institution accounts or by fortnightly deduction from most Centrelink payments through Centrepay. Alternatively, you can be provided a personalised Payway payment card which you can use to make payments by cash or by B-Pay ay any Australia Post office or make credit card payments on-line at
You can even make your payment directly into the Department of Attorney General and Justice bank account using a deposit book issued to you or pay on-line electronically by Electronic Funds Transfer (EFT).
You can also choose to send a cheque or money order but you will have to pay for the postage, bank or other fees involved.
Restitution is separate from the levy that you were required to pay following your conviction for the offence(s) that led to the award of financial support and/or recognition payment.
The restitution process is a civil legal process and is separate from your criminal proceedings. If a victim is injured as a result of an act of violence, the person is entitled to apply for financial support and/or recognition payment
If you have any questions about the restitution process, please contact Victims Services on (02) 8688 5511 or 1800 633 063 (toll free) and ask for the Restitution Section.