NCAT can review a decision about a restitution order made against a defendant by the Victims of Crime Commissioner.
To apply to NCAT, complete an Administrative review application form (PDF, 215.9 KB) and lodge with the application fee at any NCAT Registry Office.
The respondent is the Victims of Crime Commissioner. Use the address for Victims Services on the application form.
A fee applies to most NCAT applications. Check the current fees and charges to see which fee applies and whether you may be eligible for a reduced fee.
You must apply to NCAT within the time limits set by the Victims Support Act 2013:
Step by step guide to applying to NCAT for the review of a decision about a victims restitution payment.
If you have received a provisional order for restitution from Victims Services and want the amount reduced or the order dismissed:
You can represent yourself at NCAT or have a lawyer or non-lawyer agent represent you. You will usually need to attend the hearing to give your instructions to your lawyer or agent.
A non-lawyer agent needs to ask for permission to represent you from the Tribunal Member the next time the case is listed. You should attend with the agent in case NCAT does not allow the agent to appear for you. A lawyer does not need to ask for permission from the Member.
You will need to include the following information on your application form:
An order for restitution cannot be enforced until NCAT decides the application. This means you do not need to apply for a stay when you lodge your administrative review.
You will receive a letter from NCAT confirming that your application has been received and giving you the date of the directions hearing.
You will also receive documents from Victims Services that it considers relevant to the decision.
The purpose of a directions hearing is to decide what the parties need to do to prepare the case for hearing.
You will usually be given a timetable for providing your submissions and evidence to NCAT and Victims Services.
Read through the documents provided by Victims Services and consider what further information or evidence you want NCAT to review when hearing your case.
Comply with the directions made at the directions hearing:
NCAT hearings are less formal than court hearings. In most cases, the application will be heard by a single Tribunal Member.
When the Tribunal reviews administrative decisions about victims restitution payments, Victims Services will usually present its evidence first. The applicant will then have an opportunity to present their evidence.
The victim of the offence that gave rise to the restitution order may give evidence or provide documents but they cannot be made to do so.
In some cases, the Tribunal Member may give a decision at the end of the hearing. In other cases, the Member may need more time to consider the matter and will give their decision at a later date.
You will usually receive the decision within 3 months. Complex matters may take longer.
NCAT Registry will inform you when a decision has been made.
The decision may also be available on the NSW Caselaw website. You will be notified by phone before the reasons are published.
Costs cannot be awarded for proceedings about an administrative review of a decision under the Victims Support Act 2013 (cl 13, Sch 3 to the Civil and Administrative Tribunal Act 2013).
You may be able to appeal an NCAT decision about a victims restitution matter to the NCAT Appeal Panel.
You can appeal on a question of law as of right. For an appeal on other grounds, you need permission from the Appeal Panel. Learn more about appealing an NCAT decision.
In some circumstances, you may also have a right of appeal to the NSW Supreme Court. If you are unsure about your appeal rights, seek legal advice.
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