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From 1 February 2025, family members of someone who has died as a result of a road crime may be eligible to receive counselling support through the Victims Support Scheme. For more information about who can apply, visit Support for families when someone has died.
Victims Services
Restitution by offenders
When a victim of a crime receives financial support under the Victims Rights and Support Act 2013 - external site (VRS Act 2013), the Commissioner of Victims Rights can recover money from a person who has been convicted of the criminal offence, relating to the victim's claim. An Order for Restitution is issued against the convicted offender.
A 'conviction' includes bonds, fines, community service orders, imprisonment and other penalties. It also includes an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999.
Are there time limits?
An Order for Restitution can be made up to two years after a conviction, or up to seven years after a victim claims financial support.
What does the Order say?
The Order sets out:
- the name of the victim
- the amount and date of the victims’ support payment
- relevant conviction details relating to the defendant/defendants.
What should I do when I get an Order?
The Order must be paid by the date given in the Order. The Order will set out the payment options available.
What if I do not respond?
The Order for Restitution is automatically confirmed on the date specified in the Order. This amount will then be transferred to Revenue NSW. Once the debt has been transferred, enforcement action will commence. For more information on next steps, visit Revenue NSW - external site .
You can also contact LawAccess NSW - external site for free advice.
The restitution process is a civil legal process and is separate from the criminal proceedings.
For the purposes of the Victims Rights and Support Act 2013, a 'conviction' includes an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999. Similarly, the juvenile equivalents under section 33 (other than section 33(1) (a)) of the Children (Criminal Proceedings) Act 1987 are a 'conviction'.
The Victims Support Levy is an amount levied on people who are found guilty of offences in NSW Courts. Payment of the levy is made to a court and is separate from restitution.
Victims support payments can be made before any person is charged with a crime. Restitution orders can only be made when someone has been convicted of the offence that resulted in support payments.
No - Victims Services is not authorised to impose penalties.
Last updated:
Contact us
Call
Victims Access Line: 1800 633 063 - external site
Aboriginal Contact Line: 1800 019 123 - external site
Mon – Fri, 9am to 5pm (excluding public holidays)
For the National Relay Service, call 13 36 77 (TTY) or 1300 555 727 (Speak and Listen).
For interpreter support, call the Translating and Interpreting Service on 13 14 50.
Email
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations - external site .
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