Justice Home > Victims Services > Restitution > Arrangements & Orders

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.

    Commissioner accepts regular 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 may agree to let you pay your restitution by monthly, fortnightly and weekly instalments; the instalment amount will depend on your ability to pay.

    Easy and free ways to make your monthly instalment

    • Direct Debit of your monthly instalment from most bank or other financial institution accounts
    • Fortnightly deduction from most Centrelink payments through Centrepay.
    • Payway Card which will be provided to you to allow you to make payments by following means; 
    1. BPay – Payment from your financial institution account using BPAY Biller Code and Reference on the Payway card.
    2. Australia Post over the counter
    3. Credit card payments (Visa and Mastercard only) Pay on-line at www.payway.com.au using the PayWay Biller Code and Refernce on the PayWay Payment Card.

    Commissioner has confirmed the restitution order to pay in lump sum 

    You can make full payment of Restitution Order in lump sum payment by Electronic Funds Transfer (EFT) into the Department of Attorney General and Justice bank account. 

    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.

    The restitution order is taken to be a judgment debt and is enforceable as if it were an order made in civil proceedings against you. 

    Failure to pay the amount of Restitution Order will result in the commencement of referral to the Fines Commissioner and enforcement action for recovery of the amount under the Fines Act 1996 through Revenue NSW. You may be liable for further enforcement costs if this occurs.

    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 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.

    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)