Restitution - Arrangements & Orders    


    A defendant may make an offer to settle restitution proceedings, by offering a lesser amount and/or by seeking to pay by instalments, at any time after a provisional order or order has been made by  the Commissioner of Victim's Rights. The Commissioner will take into consideration the same factors as when determining a written objection made to the provisional order that is:
    • culpability for the injuries to the victim,

    • financial circumstances and

    • any other relevant issues.

    If there are two or more defendants, the amount to be paid by the defendant may be apportioned.

    Changing financial circumstances

    Your financial circumstances may improve or become more difficult after an arrangement has been entered into, or order has been made against you.  A completed Affidavit of Financial Circumstances (PDF, 206Kb) is required to enable the Commissioner to consider a change in your financial circumstances.  The Commissioner will consider an adjustment of the instalment amount under the arrangement or order.

    If you don't pay                

    If you don't make payments in terms of an arrangement with the Commissioner,and there is an underlying order, that order and it's terms are re-instated.

    However, if there is no underlying order the matter may be listed for the Commissioner's determination and you may lose the benefit of any reduction or payment terms you previously agreed between you and the Commissioner. The Commissioner may make an order for the full amount provisionally ordered payable forthwith.

    If you don't make payment in terms of a restitution order, the Commissioner may seek enforcement of the order. The resultant restitution order is taken to be a judgement of the Local Court, enforceable by seizure of goods garnishing of your salary/wages or financial institution account or a charge placed against any property you may own or jointly own.

    Frequently asked questions

    If I pay and another co-offender doesn't, what happens?

    If you arrange or are ordered to pay a fixed amount of restitution, you are not responsible for any amount that is not paid by another defendant. However, if you have not responded to the provisional order by filing a written objection or seeking to enter into an arrangement with the Commissioner, you may be ordered to pay the full amount provisionally ordered and may therefore become liable for the full amount awarded to, or the victim support payments made to the victim even if there is more than one offender.

    I was to start making payments this month but I haven't received the Restitution Order (Notice of Determination of Restitution)

    If you are aware of an amount that is payable under an arrangement or order but haven't received the official copy of the arrangement or order by the time you are required to make payment, you should still pay the instalment or lump sum agreed or ordered. Failure to do so may cause enforcement action to commence. You should also contact Victims Services for a copy of the arrangement or order.
    Application to Pay Amount of Restitution by Arrangement or by Instalments form (PDF,199Kb)